.Basically I could of protested more but I was for sure going to jail,they made that very clear,i was disturbing the peace and intimidating an officer of the law.
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You were "for sure going to jail"?
For what legal activity were they going to arrest you? Carrying a firearm is 100% legal. They cannot arrest you for legal activity.
The disturbing the peace and intimidating an officer were empty threats. If you were breaking the law, you would go to jail. Period. If you aren't in handcuffs, you haven't broken the law. They don't threaten you with
potential jail. You're either arrested, or not. I hear it 1000 times: "We could charge you with...blah, blah, blah." Oh yeah? Are you saying that I'm breaking the law and you're NOT going to arrest me? If so, why question me in the first place about the gun if you're NOT going to arrest me for breaking the law? You mean you are going to arrest me if I break the law? Well, if I
have broken the law and you
could arrest me, why aren't I in handcuffs? Why haven't you arrested me if I have already broken the law? If they
could charge you, why haven't they done so? What
further excuse do they need to do so if they already can? OH! THEY NEED SOMETHING ELSE! Namely: They need you to ACTUALLY break the law!
Those were definite signs they were EMPTY THREATS MEANT TO INTIMIDATE. It worked. You complied. (Don't feel bad. I'm guilty of falling for intimidation, myself. I learned from it. Hope I can impart some things I've picked up.)
Some freely offered advice. Take it for what you paid for it.
The number one thing that should come out of your mouth: Question #1: "Why am I being detained?".
If the officer's response is anything...ANYTHING other than, "You are not being detained"...you have grounds for a lawsuit.
If the officer's response is anything...ANYTHING other than, "You are not being detained"...you ARE being detained and should therefore UTILIZE YOUR RIGHT TO REMAIN SILENT.
If the officer informs you that you are not being detained, I recommend the following follow-up QUESTION: "Am I free to go?"
If he answers "NO" revert back to question #1. If the answer is "YES"...Do so.
If you have a recorder running, several other things might come in handy.
"What reasonable articulable suspicion do you have?"
"What is the nature of your investigation?"
"What probable cause do you have to conduct a search?"
These are some questions that would be acceptable to ask.
Always...ALWAYS make sure that YOU are the one asking the questions and THEY are the ones answering them.
Remember: Stick to questions ONLY.
Never...NEVER make any statements. NEVER.
If they ask questions...POLITELY IGNORE THEM. Answer their questions with YOUR QUESTIONS.
Officer: "Why are you carrying a gun?"
You: "Am I required to answer you?"
Officer: "Can I see some identification?"
You: "What is your probable cause to conduct a search?"
Officer: "You're carrying a gun. I need to see a permit for that."
You: "Am I required by law to provide I.D. for legal activities?"
Officer: "We just need you to step outside."
You: "Am I free to leave?"
This could very well lead into a circular discussion. Fine. Let it.
Officer: "If you don't answer my questions promptly, I could charge you with obstruction."
You: "Am I being detained? If so, do I have the right to remain silent?"
...and so on....and so on....and so on....
Statements FROM EITHER PARTY are admissable in court. The entire idea is to NOT BE THE ONE MAKING STATEMENTS. Be the one asking questions. Make THEM be the ones making statements. The above questions are several good ones that are designed to make them answer (MAKE STATEMENTS) that have detrimental consequences if answered incorrectly. If their actions are not legal: The cannot make truthful statements (answer your questions) without ADMITTING THAT THEY ARE BREAKING THE LAW = good in court.
Always ASK. Never ANSWER.
Just my advice. I am not a lawyer. I think you did a pretty good job. My first police encounter didn't go exactly as I had prepared for. You always think of things you should have said, or actions you should have taken afterward. Remember: Any police interaction that does not end in you going to jail was handled correctly on your part. Were there things you could have done better? Of course. None of us ends up batting 1000 every time. The idea is to gain experience and prepare for the
next encounter. Each and every one prepares you for the next. Use each as a learning tool. Now you have a better idea of what to expect emotionally. You can prepare. Maybe, practice getting your recorder "ON" smoothly and as soon as you recognize a potential development. (Mine usually goes on as soon as I see a badge. 99% of the time it isn't even needed, but it's on just in case.) Practice answers to questions you know you're going to get. You KNOW you're going to get, "Why are you carrying a gun?" or some version. Practice good questions to redirect their forthcoming questions. Practice avoiding STATEMENTS. Learn about laws that have established precident (Terry vs. Ohio for instance. --> This is something I need to brush up on, as well.)
Good luck!