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Thread: Rights when stopped by LE

  1. #1
    Regular Member protect our rights's Avatar
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    Rights when stopped by LE

    I am familiar with most Indiana laws governing the carrying of handguns. One thing I haven't came across is the rights hoosier's have when stopped walking along the sidewalk or anywhere else in public by a LEO. If someone knows what we HAVE to give up to the police reply and let me know. Thanks.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    Regular Member Fallschirmjäger's Avatar
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    http://www.in.gov/legislative/ic/cod.../ar28/ch5.html

    IC 34-28-5-3.5
    Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession;
    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
    As added by P.L.1-1998, SEC.24.

    Bolded selections by me.
    Last edited by Fallschirmjäger; 02-28-2011 at 04:35 PM.

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    Regular Member protect our rights's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    http://www.in.gov/legislative/ic/cod.../ar28/ch5.html

    IC 34-28-5-3.5
    Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
    (1) name, address, and date of birth; or
    (2) driver's license, if in the person's possession;
    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
    As added by P.L.1-1998, SEC.24 .
    Thanks for the reply. I was aware that you had to given you had been pulled over in a traffic stop, or even walking if you had comited an infraction. I was just unsure whether this applied if you were just walking along and a LEO stopped you because you were open carrying. I believe I have heard that you have to show them your LTCH but still wasn't read-up on the matter.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    Regular Member Fallschirmjäger's Avatar
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    I don't have anything in my "Fun Laws to Know and Love" folder, I usually just put things in there as they are mentioned on the forum.
    The only thing I can do is point you to http://www.in.gov/legislative/ic/code/, wish you luck and lots of aspirin.

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    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by protect our rights View Post
    Thanks for the reply. I was aware that you had to given you had been pulled over in a traffic stop, or even walking if you had comited an infraction. I was just unsure whether this applied if you were just walking along and a LEO stopped you because you were open carrying. I believe I have heard that you have to show them your LTCH but still wasn't read-up on the matter.
    Where OC is fully legal, which I believe is the case in IN with a CCW, the cop cannot stop you simply for doing so. He must have RAS of a crime having been committed, or about to be committed by you.
    Last edited by Gunslinger; 03-01-2011 at 02:05 PM.

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    Regular Member protect our rights's Avatar
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    Quote Originally Posted by Gunslinger View Post
    Where OC is fully legal, which I believe is the case in IN with a CCW, the cop cannot stop you simply for doing so. He must have RAS of a crime having been committed, or about to be committed by you.
    My original qustion still hasn't been answered. A for instance: I'm walking down the street OCing. LE get a call MWG (Man With a Gun). Cop sees e walking down the street approaches me. Asks me if I have a weapon on me. Ask to see ID LTCH ect... What are my rights? What information do I have to give up by Indiana law? I've researched but can't come up with any citations on the matter...
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    Founder's Club Member protias's Avatar
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    I'll have to look for this later, but INGO has a thread that describes what to do to prevent your rights from being violated.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Regular Member protect our rights's Avatar
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    Quote Originally Posted by protias View Post
    I'll have to look for this later, but INGO has a thread that describes what to do to prevent your rights from being violated.
    I suppose I could look it up, seeings how I'm a member on there. It would save time if you could post the link to the thread on here for me if you have the page available.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    Founder's Club Member protias's Avatar
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    Quote Originally Posted by protias View Post
    I'll have to look for this later, but INGO has a thread that describes what to do to prevent your rights from being violated.
    Quote Originally Posted by protect our rights View Post
    I suppose I could look it up, seeings how I'm a member on there. It would save time if you could post the link to the thread on here for me if you have the page available.
    Much easier to find things on my home computer than on my work computer!

    http://ingunowners.com/forums/carry_...stops_you.html
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  10. #10
    Regular Member protect our rights's Avatar
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    Quote Originally Posted by protias View Post
    Much easier to find things on my home computer than on my work computer!

    http://ingunowners.com/forums/carry_...stops_you.html
    Thanks for your help, but even this site does not answer my question. Does ANYONE know if you have to show them LTCH or ID solely because you were open carrying? I mean if you have committed no crime and no RAS do you have to give anything?
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

  11. #11
    Founder's Club Member protias's Avatar
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    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  12. #12
    Regular Member protect our rights's Avatar
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    I got it thank you. Have to show LTCH whether I commit a crime or not. Don't agree with it, but thats how it is. The law states that No matter how far into the conviction process, the moment you show that you DO have a LTCH they have to let you go, and erase arrest records. They were saying it would really piss some people off to not show proof, wait till the day of trial and then "oh look at that, I found it!" lol
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

  13. #13
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by protect our rights View Post
    I got it thank you. Have to show LTCH whether I commit a crime or not. Don't agree with it, but thats how it is. The law states that No matter how far into the conviction process, the moment you show that you DO have a LTCH they have to let you go, and erase arrest records. They were saying it would really piss some people off to not show proof, wait till the day of trial and then "oh look at that, I found it!" lol
    I find it odd IN has had a permit system for such a long time that you guys haven't fought for Constitutional Carry, especially since you can carry pretty much everywhere.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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