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Was I being detained?

T

T Mack

Regular Member
Joined
May 23, 2011
Messages
205
Location
Livonia, Michigan. USA
In Malignity's Open Carry Guide Project I'm reading about asking the officer if I'm being detained.

It sounds like in his thread he is talking about being on foot.
When I got pulled over by the Livonia PD on my motorcycle was I automatically being detained? Should I still have asked him if I was being detained and left if he said no? He had the car lights on and everything so I'm thinking it's kind of safe to assume I was being detained so there for it was unnecessary to ask the officer am I being detainee?
 
DrTodd

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Yes you were being detained. I think I mentioned in that other thread that I would have asked a number of times if I was free to go. My limited experience has been that the officer MAY have a reason to detain at first... but as the reason disappears many assume they need to stay until the officer is done talking. So, in your case, once I thought I had dispelled any suspicion the officer MAY have had that I was breaking the law, I would have asked if I was free to go, and asked, and asked. etc.

This just further protects one against a judge saying that the stop, or the length of the stop, was consensual. Courts have ruled that once the officer's original suspicion has been dispelled, you are free to go. I have seen some cases where a person claims that the length was illegal, and the judges say that the extra time spent was consensual because at that point, the person "knew" they could leave.
 
T

T Mack

Regular Member
Joined
May 23, 2011
Messages
205
Location
Livonia, Michigan. USA
DrTodd said:
Yes you were being detained. I think I mentioned in that other thread that I would have asked a number of times if I was free to go. My limited experience has been that the officer MAY have a reason to detain at first... but as the reason disappears many assume they need to stay until the officer is done talking. So, in your case, once I thought I had dispelled any suspicion the officer MAY have had that I was breaking the law, I would have asked if I was free to go, and asked, and asked. etc.

This just further protects one against a judge saying that the stop, or the length of the stop, was consensual. Courts have ruled that once the officer's original suspicion has been dispelled, you are free to go. I have seen some cases where a person claims that the length was illegal, and the judges say that the extra time spent was consensual because at that point, the person "knew" they could leave.
Click to expand...

So as soon as he got outta his car and came up to me at that point u would have said am I free to go?
 
KBCraig

KBCraig

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Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
T Mack said:
So as soon as he got outta his car and came up to me at that point u would have said am I free to go?
Click to expand...
That's hasty. You know you're not free to go, and any reasonable person would assume the same. No court in the land would say that you're not being detained once the lights go on to pull you over. You at least need to find out the reason for the stop.

Once he said he knew that you had a CPL (making OC legal), that would be the time to put on your puzzled face and ask, "Oh. Well since that makes me legal, am I free to go?"
 
W

WCrawford

Regular Member
Joined
Dec 8, 2007
Messages
592
Location
Nashville, Tennessee, United States
T Mack said:
Sorry this should explain...


http://forum.opencarry.org/forums/s...-just-pulled-me-over-for-OC-ing-on-motorcycle
Click to expand...

I didn't realize the two threads were about the same incident. You could be a cop magnet or a bad driver. :p

I read the other thread.

Once you know if you are detained (flashing blue lights are a clue :)), you should only say something like this to the police: "Officer, I am invoking my right to remain silent". Then, and this is very important,













SHUT THE F**K UP!
 
M

McX

Guest
right on WC! Teach the rule: DONT TALK TO THE COPS!

i'm finding places all over this forum to stamp that one!
 
TheQ

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
If the light on the cop car behind you is on and you haven't been told you can go, you're being detained. This isn't to say you can't (and indeed should) ask if you're free to go.
 
J

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
I prefer the "What specifically am I being Detained for?"
If you are told you are NOT being detained.... leave!
If told your are being detained... ask for specifics and then SHUT UP after YOU'VE SPECIFICALLY INVOLKED YOUR RIGHT TO SILENCE AND REQUESTED YOUR ATTORNEY!

The side of the road is NOT THE PLACE to make that battle!
 
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