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What Recourse Do We have ?

M

Mr.Hoppes

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Joined
Sep 5, 2008
Messages
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What recoure do we have in indiana when an officer tells you, that the state is not OC and to cover it up. ( Statement) not just an opinion.

I am currently researching the legal aspect and if there are grounds for actual legal action.

Does anyone know of a Lawyer specializing in the Rights of citizens in Indiana to legally OC?
 
R

ralphb72

Regular Member
Joined
Dec 7, 2006
Messages
161
Location
, Indiana, USA
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Welcome to the site. If you mean can you sue him or them for telling you to cover up, I would say not unless they did alot more then that such as arrested you confiscated your firearm, charged you with some bogus law that does not exist etc.. To sue successfully I would think you would have to show actuall damages, although violation of your rights could be a grounds for a suit but I am not a laywer nor do I want to be.

Read through the site, you will get plenty of examples of how people react to illigal and incorrect officer involvement. If you got the officer's name and what PD they are from, you can file a complaint with their supervisor or IA dept or go in and talk to the supervisor. You can request any and all notes, emails, 911 calls, radio traffic etc about your stop if that helps. You will see on the site that many people who OC carry voice and/or video recorders for such a possibility. If you didn't get their names/ranks or didn't think to, you may still be able to file a complaint with the police department.

You will probably find, that there is nowhere in Indiana law that even addresses open carry because it is legal and the laws only spell out what is illegal. Anyway good luck...

Bryan Lee Ciyou in Indy is a lawyer that wrote a very good book on Indiana handgun law. I don't know if he is OC friendly or not but you could ask.

http://ciyoudixonlaw.com/contact.htm
 
P

Phoenixphire

Campaign Veteran
Joined
Jun 10, 2008
Messages
396
Location
Battle Creek, Michigan, USA
imported post

Mr.Hoppes wrote:
What recoure do we have in indiana when an officer tells you, that the state is not OC and to cover it up. ( Statement) not just an opinion.

I am currently researching the legal aspect and if there are grounds for actual legal action.

Does anyone know of a Lawyer specializing in the Rights of citizens in Indiana to legally OC?
Click to expand...
A police officer can only give you a lawful order.

If an officer tells you to cover up, you can simply refuse to do so, the same as if he ordered you to dance the two-step.

Be aware that many officers are skilled in the art of badgering you. The best thing to do is to spend 50 bucks on a good quality digital voice recorder. Indiana is a single-party state, meaning you do not need another party's permission to record a conversation.

Then, if an officer does harass you, simply make a copy of the recording, and file it with your complaint to the Internal Affairs office.

If the officer becomes foolish enough to detain or arrest you, well, that becomes a whole 'nother bundle of fun.
 
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