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Thread: Is this legal?

  1. #1
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    Is this legal?

    I couldn't remove the thread so I removed the OP. Thanks for the help guys. This has definitely been one of the more helpful and useful forums.
    Last edited by Cougar8961; 05-27-2013 at 10:47 AM.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Lawyer up - post no more w/o attorney's approval.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
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    Re: Is this legal?

    +1 to Grapeshot, and would suggest you delete your OP right now.

  4. #4
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    Quote Originally Posted by b0neZ View Post
    +1 to Grapeshot, and would suggest you delete your OP right now.
    Even if I have no video/audio evidence? My friend was with me and saw the whole thing, but has a felony on his record for evading police pursuit. Would that make his statement less credible?

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    That doesn't change what Grapeshot said, but it does add an additional step.
    1) Delete your OP
    2) Lawyer up
    3) Invest in a voice recorder to be carried with you at all times.

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    You ignored the recommendation on Plan A, so lets move to Plan B.

    Either submit an FOIA for the incident report, all electronic transmissions and field notes or provide the data here so that someone else may request FOIA information - to include exact location of the incident, time and date, description of the vehicles, and short synopsis of the accident. No personal information will be needed.

    Object/intention is to determine with what we are dealing.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  7. #7
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    Re: Is this legal?

    Quote Originally Posted by Silvertongue View Post
    That doesn't change what Grapeshot said, but it does add an additional step.
    1) Delete your OP
    2) Lawyer up
    3) Invest in a voice recorder to be carried with you at all times.
    +1! This is good counsel everybody is giving you.

    Sent from my SCH-I500 using Tapatalk 2

  8. #8
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    It occurs to me that we haven't yet answered the OPer's question. I'd probably be a little annoyed or frustrated if I were him.


    Cougar8961,

    Unless your state requires you to present your permit, no it wasn't legal. But, that is based on your limited description of the events. Its entirely possible for something unmentioned to shift the legality. For example, if you were actually arguing antagonistically with the cop, then it might have been legal in your state. I've come across at least one state court decision that made it legal for a cop to temporarily disarm someone during a police encounter even if that person was not suspected of crime.

    Also, in your state, since you were involved in the crash, there may be a state court decision that makes it legal to disarm you. It might not matter that you were not at fault. A court wouldn't prevent a cop from disarming someone until after he's determined they were not at fault.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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