Results 1 to 9 of 9

Thread: leo search question

  1. #1
    Regular Member
    Join Date
    Feb 2010
    Location
    Henderson
    Posts
    96

    Post imported post

    i understand that in other states, leo can only check to see if a gun is unloaded, not run numbers or ask if its regd or anything....

    does that pertain to nevada? i know we arent required to carry the blue. but can they ask to unholster to check the numbers or ask whos is regd to or anything like that?

  2. #2
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580

    Post imported post

    VegasGlocKid wrote:
    i understand that in other states, leo can only check to see if a gun is unloaded, not run numbers or ask if its regd or anything....

    does that pertain to nevada? i know we arent required to carry the blue. but can they ask to unholster to check the numbers or ask whos is regd to or anything like that?
    There is NO requirement to have the firearm unloaded to carry in NV.

    For LV/Clark, check those city codes, since they refuse to follow the NRS.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  3. #3
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    There is no requirement to allow a search, including to check whether it's registered. Besides, obvious loopholes include the 72 hour grace period before new guns must be registered. Any gun in someone's possession may be recently acquired and not yet registered.

    The relevant county code is here:

    http://library.municode.com/HTML/162...12_C12.04.html



  4. #4
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    State preemption NRS 244.364 preempts nearly that entire section of codes. Though they all remain on the books, the only LEGAL laws are 12.04.110 and 12.04.200. But be careful, legal or not, you may still face legal challenges for "violating" one of those other county municipal codes.

  5. #5
    Regular Member
    Join Date
    Sep 2009
    Location
    Henderson, ,
    Posts
    232

    Post imported post

    I was just reading ....any one can be arrested and booked into the jail house for
    "interfering in an investigation" if we dont answer certain questions asked if we are stopped by the police for any reason....not just OC'ing.

    I give them name rank and serial number...lol and ask them if i am being detained for some reason and if i am i would like to call my attorney before answering any questions...be nice....

    Remember....Police can lie to you....But if you lie to them, you can be charged with a felony...

  6. #6
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    doninvegas wrote:
    I was just reading ....any one can be arrested and booked into the jail house for
    "interfering in an investigation" if we dont answer certain questions asked if we are stopped by the police for any reason....not just OC'ing.
    Where did you read that?

    NRS 171.123 is the relevant code here in Nevada. And the Supreme Court interpreted its application:
    To hold that a name, which is neutral and non-incriminating information, is somehow an invasion of privacy is untenable. Such an invasion is minimal at best. The suspect is not required to provide private details about his background, but merely to state his name to an officer when reasonable suspicion exists. The Supreme Court held it reasonable for officers to pat down and frisk a person during an investigative stop.[29] As the Court recognized in Terry v. Ohio, "it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties."[30] Requiring identification is far less intrusive than conducting a pat down search of one's physical person.
    This is from Hiibel vs District Court. You can read the full ruling here:

    http://caselaw.lp.findlaw.com/script...88&invol=2

    There was discussion during the case whether answering your name was, by itself, incriminating. The argument was that if you have a WARRANT for your arrest, your name would be used to match up with that warrant, and then arrest you. The court found that answering your name was not incriminating, but explicitly ended it there. While you must state your name you needn't provide a single bit of other information. Note, you don't even have to provide ID, merely saying your name aloud fulfills the requirements of NRS 171.123.

    Notice the second part of the highlighted portion "where reasonable suspicion exists." Officers cannot merely stop you, detain you, and start questioning you without reasonable suspicion of a crime you have committed, are currently committing, or are about to commit imminently.

  7. #7
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    doninvegas wrote:
    Remember....Police can lie to you....But if you lie to them, you can be charged with a felony...
    What!! Felony what?

  8. #8
    Regular Member
    Join Date
    Sep 2009
    Location
    Henderson, ,
    Posts
    232

    Post imported post

    Tim i was reading something about a Terry stop...I was reading you must give your name or you could be arrested for interfering ...I made up a little business card i carry...it reads"

    I am a law abiding American Citizen.
    I DO NOT consent to any search of my person or property.
    If I am being detained for any reason, I stand on the 5th amendment.
    I also Request my attorney be present before answering any questions.


    They dont like the card...



  9. #9
    Regular Member
    Join Date
    Sep 2009
    Location
    Henderson, ,
    Posts
    232

    Post imported post

    timf343 wrote:
    doninvegas wrote:
    Remember....Police can lie to you....But if you lie to them, you can be charged with a felony...
    What!! Felony what?
    giving false information...(Lying) during a police investigation can be cause for felony charges..I would have to find the specific law where it is spelled out...

    This came up while I was talking to my Atty about the Terry stop laws...He advised me " never lie to the police and explained it to me...Just show them your card and call your atty.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •