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OC challenge by non-LEO? (California)

bryanforst

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I know when doing OC that I have to respond to a LEO to verify the weapon is not loaded, etc.

Anyone know if a civilian has the same right to challenge? Do i have to respond to anyone not associated with LE? Yes, keep it civil, etc but does just anyone have the right to make me prove Im following OC laws?
 

Mas49.56

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Just the Mimes and street performers.:celebrate

I would cooperate with the Mimes no matter what! They will make a citizens arrest and put you in that little invisible box they can build.
 

Brimstone Baritone

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For a more serious answer (although mimes really are scary) I think it depends on what powers are granted to citizens to enforce the laws (think 'Citizen's Arrest').

Keep in mind that nothing is stopping them from calling 911 and asking someone to come out. That's a good reason to at least remain polite.
 

The Atomic Ass

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bryanforst wrote:
I know when doing OC that I have to respond to a LEO to verify the weapon is not loaded, etc.

Anyone know if a civilian has the same right to challenge? Do i have to respond to anyone not associated with LE? Yes, keep it civil, etc but does just anyone have the right to make me prove Im following OC laws?
Well, that question was worded in an interesting way. Technically, not even the police have the "right" to demand you identify yourself, or prove you're not under some legal disability.

Didn't seem to stop them from passing a law stating that they could anyway. But the law that is there only covers police officers.
 

OPS MARINE

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I got challenged by a non LEO the other day. He walked up to me slapping his pockets and said "Are we good, Boss?" I said yes. He asked if I had ID on me and while I reached for the Penal Code in my pocket, I said "I am not required to show you my identification, however..." He interrupted me and said "I understand, sir, but if you don't wish to show me I need you to step just outside the door. We can't have weapons in here. If it were concealed, that would be different." He said all of this with a smile. Because the party I was there for was coming down the hall anyway, and there were spectators, I shook his hand and thanked him for his concern. I heard someone in the background say "Wow. Respectful." I must have been in this area for an hour before this, and 3 hours the day before. I was alright with it. I waited outside almost 20 seconds.

I guess the long and short of it is I wasn't about to show him my ID, but made it clear that I would respect him as long as he respected me.
 

OPS MARINE

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He was a Security Officer. Not one of the four I'd encountered the day previous...who said nothing. No questions, no suggestions, nothing. Smiled and drank coffee.
 

brokenbarrel

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TheMrMitch wrote:
Wellllll.....Just WHO was he? Why did he pat his pockets? What was his reason? Did he have the right to confront you?

Just confused and curious.:dude:
Yes he has the right to confront you if believes a crime is being committed,no you dont have to respond to him.In california there is no longer a citizens arrest law it is now a private persons arrest...If they are placeing you under arrest they must state they are making a private persons arrest if you resist they can use only force thats is needed for you to comply;but if you are not in fact committing a crime its a false arrest...if they move you more than 15 feet against your will this includes security officers makeing a good arrest it is kidnapping.If you committ a crime and security officer or private person makes an arrest,they must stay and keep you where they made the arrest.Only LEO's in California have they authority to move people aginst their will..Little known fact if you hold some one down in a fight(not while making an arrest)you can be charged with kidnapping...
 

OPS MARINE

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L in Oakland wrote:
What if you showed him your ID, which im not suggesting. Would you have been able to stay?
I think the answer would be yes, because I could have just badged him. He would have never known the difference. However, I am not like that, and he was being as respectful and non-threatening as he knew how for the situation. I thought it was best to remain polite.
 

groats

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OPS MARINE wrote:
I got challenged by a non LEO the other day.  He walked up to me slapping his pockets and said "Are we good, Boss?"
Whoa right there.
Anyone who calls me "Boss" (that I can't hire & fire) - would immediately be suspect. That's prison language, and I don't mean prison guards, either.
 

jihadthis

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Mas49.56 wrote:
Just the Mimes and street performers.:celebrate

I would cooperate with the Mimes no matter what! They will make a citizens arrest and put you in that little invisible box they can build.
Don't mean to go off topic here but Mas49.56 is right, those street mimes are creepy!!!!
 

OPS MARINE

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Groats... I thought about that right when he said it. I don't know this guy...I'll leave nothing to chance. I figured I'd just let it go.
 
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