NavyLT wrote:
joeroket wrote:
wrightme wrote:
When a police officer "explains" such options, it IS coercion. Color of Law. The "threat of force" is inherent in the position the LE holds.
Not in Wa. There has to be a threat of force or detainment. Neither was present in this instance.
Yet. Because the MWAG complied with the officer's request. So, how about in my encounter with an officer. He held up my CPL and waved it around and stated, "This can easily be taken away." Well, in order to revoke a CPL, a person must be convicted of a crime, so I took that as a threat that he would charge me with a crime if I did not comply and conceal my firearm.
I agree. However in your encounter it would more likely have been a citation which is neither the threat of force or physical confinement. Your encounter was very close to coercion but I am still not sure that it would apply. Your was definitely an unlawful detainment which, I think, may be an area of confusion.
A detainment is not a threat of force or physical confinement in itself. In my opinion the officer would have go hands on in one way or another or threaten to in their attempt to keep you from doing something you have the lawful right to do in order for coercion to come into play.
