Cougar8961
New member
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.
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Is this legal?
- Thread starter Cougar8961
- Start date
b0neZ
Regular Member
+1 to Grapeshot, and would suggest you delete your OP right now.
Cougar8961
New member
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?
Silvertongue
Regular Member
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) Delete your OP
2) Lawyer up
3) Invest in a voice recorder to be carried with you at all times.
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.
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.
+1! This is good counsel everybody is giving you.
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Citizen
Founder's Club Member
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.
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.