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Name? Or nothing?

Carondalet

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Jul 27, 2007
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95
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Baton Rouge, Louisiana, USA
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Does anyone know what, if anything, you must disclose or present to a LEO upon an open carrying confrontation for ID, etc. in the state of Louisiana?I've often thought of saying nothing and keep on walking. I've read on some of the other State sites about first name only or a verbal full name, but I am not sure about Louisiana.
 

aroundlsu

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If LEO decides to approach and question you it is highly recommended you smile, have a positive attitude, and do whatever they ask. Most cops don't know the laws any better than the average Joe so even if there is no requirement to show ID he may arrest you anyway just for being an ass and charge you with resisting. The charges may not stick but you'll spend time in jail, have to bond out, have an arrest on your record (which now has to be thoroughly documented on your CCW app), and have a hell of a time getting your gun back.

Just my .02.
 

Citizen

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Fairfax Co., VA
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Carondalet wrote:
Sounds like good advice, but in order to resist you must be under arrest, huh?
There would be some difference between actual resisting and claims of resistance tacked on while being processed at the station.
 

aroundlsu

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There are different levels of arrest. Being pulled over for speeding isn't considered an arrest but "detention". Try not stopping and see what happens. If an LEO has probable cause to stop and question you then it's considered a detention. I don't think simply having a gun strapped to your hip is enough for a probable cause detention (just like a bulge in your jacket isn't probable cause to frisk for a concealed handgun) but it may be enough to want to talk to you. AFAIK, there is no requirement to show ID if you don't have a CCW permit.
 

charlie12

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Sep 7, 2007
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545
Location
Baton Rouge, Louisiana, USA
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aroundlsu wrote:
If LEO decides to approach and question you it is highly recommended you smile, have a positive attitude, and do whatever they ask. Most cops don't know the laws any better than the average Joe so even if there is no requirement to show ID he may arrest you anyway just for being an ass and charge you with resisting. The charges may not stick but you'll spend time in jail, have to bond out, have an arrest on your record (which now has to be thoroughly documented on your CCW app), and have a hell of a time getting your gun back.

Just my .02.

Good advice.

You don't want to eat gravel and why wouldn't you want to show your ID?
 

WhiteRabbit22

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I'm required to show ID if he asks, but that's because I'm military, and must show it if approached officially by any LEO. Now, if he doesn't ask, then I could give a crap. I'll just have a nice friendlyconvo with him.
 

LoveMyCountry

State Researcher
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Oct 20, 2006
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Location
Ocean Shores, WA
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charlie12 wrote:
Good advice.

You don't want to eat gravel and why wouldn't you want to show your ID?
Is the officer asking everybody for their ID or just those lawfully carrying a gun? What about wearing a NRA hat? Would you stop what you are doing to present your "papers" for that? What if you were talking to some friends about the last movie you went to? Would you show your ID for that? Which of these activities are illegal? None. Which one should you have to prove your innocence of? NONE!

What if the officer walked up and asked for your bank statement? Or your wife's bra size? Or what church you go to? It's none of their damn business.

If the law (not the officer) does not require it - don't do it!

LoveMyCountry
 

Lee

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aroundlsu wrote:
There are different levels of arrest. Being pulled over for speeding isn't considered an arrest but "detention". Try not stopping and see what happens. If an LEO has probable cause to stop and question you then it's considered a detention. I don't think simply having a gun strapped to your hip is enough for a probable cause detention (just like a bulge in your jacket isn't probable cause to frisk for a concealed handgun) but it may be enough to want to talk to you. AFAIK, there is no requirement to show ID if you don't have a CCW permit.
I understand where you're going, but be careful.

An officer can articulate the need to do a protective pat down for weapons based on the circumstances. It could be anything from they (the police) are outnumbered, outsized, hostile environment, a known criminal who carries weapons, etc..

They still need a reason to stop you, of course. But if they do, remember there are many reasons an officer can pat you down....as long as they can explain it.
 

charlie12

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Baton Rouge, Louisiana, USA
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Lee wrote:
aroundlsu wrote:
There are different levels of arrest. Being pulled over for speeding isn't considered an arrest but "detention". Try not stopping and see what happens. If an LEO has probable cause to stop and question you then it's considered a detention. I don't think simply having a gun strapped to your hip is enough for a probable cause detention (just like a bulge in your jacket isn't probable cause to frisk for a concealed handgun) but it may be enough to want to talk to you. AFAIK, there is no requirement to show ID if you don't have a CCW permit.
I understand where you're going, but be careful.

An officer can articulate the need to do a protective pat down for weapons based on the circumstances. It could be anything from they (the police) are outnumbered, outsized, hostile environment, a known criminal who carries weapons, etc..

They still need a reason to stop you, of course. But if they do, remember there are many reasons an officer can pat you down....as long as they can explain it.
Since I always carry concealed where legal if the LEO ask for my ID I have to show him. And I'm not going to get my A$$ kicked to prove a point. I have nothing to hide.
 

WhiteRabbit22

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That's the only law I don't like, the requirment to show ID and your CCW permit when "approached in an official manner." who's to determine what an "official manner" is anyway?
 

WhiteRabbit22

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aroundlsu wrote:
I know the law says "official manner" but the back of my card says if placed "under arrest". Big difference.
Could they mean detained? Because a traffic stop is one form of detention. And i know you're supposed to show it during a traffic stop. If they are apporaching you in an official manner I wouldn't think they'd let you leave whenever you want, so therefor you would be detained.
 

Wynder

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Jul 31, 2007
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Bear, Delaware, USA
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Carondalet wrote:
Does anyone know what, if anything, you must disclose or present to a LEO upon an open carrying confrontation for ID, etc. in the state of Louisiana?I've often thought of saying nothing and keep on walking. I've read on some of the other State sites about first name only or a verbal full name, but I am not sure about Louisiana.

It's called a Stop and Identify Statute:

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes

Louisiana does appear to have one.

http://legis.state.la.us/lss/lss.asp?doc=112364

[align=justify]Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons[/align] [align=justify]A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.[/align] [align=justify]B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.[/align] [align=justify]C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.[/align] [align=justify]D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.[/align] [align=justify]Added by Acts 1968, No. 305, §1. Amended by Acts 1982, No. 686, §1; Acts 1983, 1st Ex. Sess., No. 32, §1; Acts 1997, No. 759, §3, eff. July 10, 1997.[/align]---

It does seem, though, that reasonable suspicion is required, though.
 

WhiteRabbit22

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That statute says nothing about showing ID. It says they may stop you and ask for your name and address, not that you have to prove it by showing ID, especially if you ahven't done anything wrong.
 

Wynder

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WhiteRabbit22 wrote:
That statute says nothing about showing ID. It says they may stop you and ask for your name and address, not that you have to prove it by showing ID, especially if you ahven't done anything wrong.
The statute shows what you are legally required to provide. A driver's license is a license to operate a motor vehicle and must only be provided during a traffic stop. Outside of that, they make take it during a search incident to a lawful arrest.
 

DMB

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Feb 19, 2008
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, Louisiana, USA
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If a police officer asks you for ID when you are OC, then most likely he does not understand/know the law as it applies to OC. Let's face it, there are not that many people that OC. So if asked, why not be the bigger man and comply as politely and cordial as you can. THEN, you may actually have an opportunity to educate him/her on just what the law says. I really see no reason to get offended or insulted just because you are asked for ID. What would you prefer as the outcome: 1.) Educating a police officer and gaining one more knowlegeable individual on your side or... 2.) showing your ass, risking going to jail, and by your actions creating another enemy against OC. Like I've said before, you have to pick your battles. - David
 

Wynder

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DMB wrote:
If a police officer asks you for ID when you are OC, then most likely he does not understand/know the law as it applies to OC. Let's face it, there are not that many people that OC. So if asked, why not be the bigger man and comply as politely and cordial as you can. THEN, you may actually have an opportunity to educate him/her on just what the law says. I really see no reason to get offended or insulted just because you are asked for ID. What would you prefer as the outcome: 1.) Educating a police officer and gaining one more knowlegeable individual on your side or... 2.) showing your ass, risking going to jail, and by your actions creating another enemy against OC. Like I've said before, you have to pick your battles. - David
I prefer option #3) respecting the rights granted to me by the Constitution and my freedom to go about my business. My right to move freely about is a battle I'll gladly pick to fight.
 

Decoligny

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Nov 29, 2007
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Rosamond, California, USA
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Cop: "Show me your I.D."

My Response: "Am I being detained?"

Possible response #1 Cop:"No" My Response: "Then I will be on my way, thank you sir."

Possible response #2 Cop: "Yes" My response: "What crime am I suspected of commiting?"

If the Cop cannot articulate that I am suspected of committing a specific crime, then I will ask for him/her to either let me be about my business or to please call a supervisor.
 
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