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OC in Nevada

FallonJeeper

Regular Member
Joined
Dec 27, 2011
Messages
576
Location
Fallon, NV
So you hit they key point - "reasonably indicate that the person has committed, is committing or is about to commit a crime".
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
so the ma-in-law said yes they have the right to stop anyone, any time, for anything.
That is why you don't ask cops for legal advice.

frodo0602 said:
I read the links you gave me and *edumacation sure be good!* however, who's deciding what is considered "reasonable" when a cop stops me? is there going to have to be a trial for each person that believes they were unreasonably stopped by police officers? thanks for the info, just trying to learn more. teach me :)
The reality is, that the one with the power will likely control the encounter. By blindly accepting and acquiescing to requests and demands, no recourse is likely to be possible. The citizen is only required to comply with lawful orders. Demanding an ID card is not a lawful order in NV, unless the citizen is performing a state licensed activity such as operating a motor vehicle. Even CCW does require the CC card and ID card, but refusal to supply upon demand is only a civil infraction, and is not a crime. In fact, even the DL is the same.

NRS202Sec3667
NRS 202.3667 Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.

1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

(Added to NRS by 1995, 2724)


NRS483Sec350

NRS 483.350 License to be carried and surrendered upon demand; limitation on conviction. Every licensee shall have his or her driver’s license in his or her immediate possession at all times when driving a motor vehicle and shall manually surrender the license for examination, upon demand, to a justice of the peace, a peace officer, or a deputy of the Department. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver’s license theretofore issued to the person and valid at the time of the demand.

[Part 20:190:1941; A 1953, 191; 1955, 65]—(NRS A 1969, 544)
 
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wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
After I posted here I did some more research and found that court case. I also found this NRS that says the LEO has to have reasonable suspicion that the person is committing a crime. We were not, we were on the road passing through at this point ad I looked at my speedo and was doing the speed limit when he stopped me.

NRS 171.123 Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.

1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.

2. Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.

3. The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.

4. A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.
And, just to clarify, "identify" is NOT analogous to "Present ID card."
 
2

28kfps

Guest
Well tonight a friend and I were out dumpster diving (before you judge I got a working $150 Keurig) when we got pulled over by Sparks PD over at Scheel's. He asked for both of our Ids and I informed my friend that he was not required to show ID if not operating the vehicle, which he wasn't. The officer then proceeded to tell me I didn't know what I was talking about and I asked him to cite the law that gives him the right to check anyone in a motor vehicles ID. Well needless to say he couldn't but my friend was intimidated and gave it to him. Well he got arrested for some warrants that he is currently trying to take care of and shouldn't have been arrested for. After they took him one officer came to my window and the other to the passenger side to look in and informed the officer talking to me that I am armed and he backed away and pulled his gun. He then told me to keep my hands on the wheel (the whole time pulled over they never left the wheel) and backed away and pulled his gun. He asked me if I had a CCW and when I responded no he asked why I am carrying. I told him I carry because I can. He gave back my ID and said have a good night. My one question is, in Nevada, did my friend have to show his ID?

Glad it turned out for you, to bad for your friend. I am not defending the LEOs actions or condemning your friend however for him the first step is not to get arrested in the first place. I understand things happen and no need and not looking for any explanation to the arrest as it is none of my business. With that said, preventing the arrest mistake to start with will prevent an LEO from taking advantage by the LEOs mistakes or intimidation ploy.
I believe the LEO was out of line and over reacted by pulling his gun as you said keeping your hands on the wheel. I can understand him backing up and may be hand on the gun in the holster then if you made a unannoused movement with our hands off the wheel that might be time for the LEO to start pointing.
Thanks for looking up detaining NRS. I am going to make a printed copy and carry it next to the law pamphlet in my wallet.
Thanks for sharing the unpleasant encounter.
 

frodo0602

Regular Member
Joined
Feb 17, 2012
Messages
42
Location
Broadway, NC
all great info! discussing this with ma-in-law. by the way, she is not a cop. She just works for metro. i'll let you guys know if she cites any other references to support the opposite. thanks again for all the info. i just got my holster today, so i'll let you guys know where I open carry.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
all great info! discussing this with ma-in-law. by the way, she is not a cop. She just works for metro. i'll let you guys know if she cites any other references to support the opposite. thanks again for all the info. i just got my holster today, so i'll let you guys know where I open carry.

I would be completely stunned if she can FIND anything that supports what she tells you. Now, that IS likely what the LE feel they can try to do, and DO try to do, but it simply isn't supported by statute. That is why it is important to stand up for our Rights in LE encounters, so they do NOT have that false 'power' reinforced. They will do what they can.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Remember, "Law Enforcement Officer" is a title, not a job description.

And since cops are allowed to lie, and get to make up "reasonable cause" at any point after the encounter, this is why we recommend people, especially targeted people like OCers, carry and use recording equipment.
 

renoglock22

Regular Member
Joined
Apr 14, 2010
Messages
168
Location
Greensboro, NC
Glad it turned out for you, to bad for your friend. I am not defending the LEOs actions or condemning your friend however for him the first step is not to get arrested in the first place. I understand things happen and no need and not looking for any explanation to the arrest as it is none of my business. With that said, preventing the arrest mistake to start with will prevent an LEO from taking advantage by the LEOs mistakes or intimidation ploy.
I believe the LEO was out of line and over reacted by pulling his gun as you said keeping your hands on the wheel. I can understand him backing up and may be hand on the gun in the holster then if you made a unannoused movement with our hands off the wheel that might be time for the LEO to start pointing.
Thanks for looking up detaining NRS. I am going to make a printed copy and carry it next to the law pamphlet in my wallet.
Thanks for sharing the unpleasant encounter.



Yeah my friend isn't so smart and should have kept up on his payments in the first place. When one officer told the one talking to me that I was armed I was asked if I had a CCW and then he turned to the other officer and asked him if he could see it. All I was thinking was he just told you I was armed therefore he can see it. Then when asked why I carry I replied "because I can". He looked at me with a "you're a dick and fair enough look". Then he asked if I was an ex-felon. I was like "you just ran my license, am I an ex-felon". He said have a good night.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
Yeah my friend isn't so smart and should have kept up on his payments in the first place. When one officer told the one talking to me that I was armed I was asked if I had a CCW and then he turned to the other officer and asked him if he could see it. All I was thinking was he just told you I was armed therefore he can see it. Then when asked why I carry I replied "because I can". He looked at me with a "you're a dick and fair enough look". Then he asked if I was an ex-felon. I was like "you just ran my license, am I an ex-felon". He said have a good night.

Did he seriously ask if you were an ex-felon? Because if you were, would that not imply right restoration? It is felons who are barred, not ex-felons. :cool:
 

frodo0602

Regular Member
Joined
Feb 17, 2012
Messages
42
Location
Broadway, NC
I would be completely stunned if she can FIND anything that supports what she tells you. Now, that IS likely what the LE feel they can try to do, and DO try to do, but it simply isn't supported by statute. That is why it is important to stand up for our Rights in LE encounters, so they do NOT have that false 'power' reinforced. They will do what they can.

No she wasn't able to provide anything stating that LE had the rights she claimed. so i told her the statutes that said they didn't have those right, and she...well, simply had no argument left to put it nicely.

going to have breakfast tomorrow, OCing for the first time. Any suggestions. That may seem like a stupid question, but despite all that i have learned over the last few days, i'm still a little nervous :confused:
 
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The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
No she wasn't able to provide anything stating that LE had the rights she claimed. so i told her the statutes that said they didn't have those right, and she...well, simply had no argument left to put it nicely.

going to have breakfast tomorrow, OCing for the first time. Any suggestions. That may seem like a stupid question, but despite all that i have learned over the last few days, i'm still a little nervous :confused:

Nervous is normal. It'll subdue after a while.

TBG
 
2

28kfps

Guest
No she wasn't able to provide anything stating that LE had the rights she claimed. so i told her the statutes that said they didn't have those right, and she...well, simply had no argument left to put it nicely.

going to have breakfast tomorrow, OCing for the first time. Any suggestions. That may seem like a stupid question, but despite all that i have learned over the last few days, i'm still a little nervous :confused:

Enjoy the breakfast. Think about joining the group at PTs for dinner tomorrow evening.
 

Rollbar

Regular Member
Joined
Feb 15, 2012
Messages
383
Location
Nevada
Remember, "Law Enforcement Officer" is a title, not a job description.

And since cops are allowed to lie, and get to make up "reasonable cause" at any point after the encounter, this is why we recommend people, especially targeted people like OCers, carry and use recording equipment.


Question: If you are recording w/Audio/Video do you have to let the person know? In other states the answer is Yes, not sure about Nv.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
No she wasn't able to provide anything stating that LE had the rights she claimed. so i told her the statutes that said they didn't have those right, and she...well, simply had no argument left to put it nicely.
Good.

Now, for the niggle. LE don't have rights. Citizens have Rights.

frodo0602 said:
going to have breakfast tomorrow, OCing for the first time. Any suggestions. That may seem like a stupid question, but despite all that i have learned over the last few days, i'm still a little nervous :confused:
Nervous is normal. If you can get someone who is more comfortable with OC to go with, that may help a lot.

Print out the OC pamphlet from the sticky, study it, and have it with you.
 

frodo0602

Regular Member
Joined
Feb 17, 2012
Messages
42
Location
Broadway, NC
Good.

Now, for the niggle. LE don't have rights. Citizens have Rights.

Nervous is normal. If you can get someone who is more comfortable with OC to go with, that may help a lot.

Print out the OC pamphlet from the sticky, study it, and have it with you.

lol, already on it! Thanks. That really would make me more comfortable to start out...to have someone with. I may wait until the PTs meet up that was in another response. It's great to have this input from you guys!
 

FallonJeeper

Regular Member
Joined
Dec 27, 2011
Messages
576
Location
Fallon, NV
Question: If you are recording w/Audio/Video do you have to let the person know? In other states the answer is Yes, not sure about Nv.

No need to be sneaky. If they see the recorder, they will know. Public officials have no expectation of privacy.

There's other threads on here about that.
 
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