Rugerp345 wrote:Some of these questions are for the North Carolina forum, but I'll answer where applicable.Been reading all the posts for awhile now and I would like someone to explain for me. The following questions are asked assuming the armed citizen is simply going about his business in a legal and normal manner OC'ing, in North Carolina.
TERRY STOP? What is it? I think it means a cop cannot just stop and question you for no reason or just because you are OC'ing?
ID? I understand that if a cop asks for your DL or ID that you do not have to give it?
TALKING? I understand if a cop starts questioning you why you "have a gun", "where are you going", "where are you coming from", etc. that you do not have to provide that information (right to remain silent)?
DISARM? The verdict seems split on whether a cop can disarm you just for the sake of checking you out?
Again, I these questions are proposed assuming that the carrier isn't otherwise doing anything suspicious or illegal, just walking down the sidewalk minding his own business.
The authority to briefly detain a person upon reasonable suspicion less than probable cause has become known as a Terry stop.
Do you have to ID? That's a question for the NC forum.
If a cop is talking to you, you do NOT have to talk back to him. You should always assume that whatever you tell him very likely WILL be used against you, just as your Miranda rights state.
As for disarming you, if a cop is standing near you and tells you he is going to disarm you, LET HIM! Do not fight or resist. You let him disarm you, but feel free to ask him questions like "Why am I being disarmed? Am I being arrested? Am I free to go?" Again, DO NOT RESIST! If you are indeed breaking no laws, then the officer is very possibly violating your civil rights and will fall on his own sword. That being said, just because he is disarming you does not mean he is breaking the law. That varies state to state, so again, ask in the NC forum.
By the way, welcome to OCDO!