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Thread: Was I being detained?

  1. #1
    Regular Member T Mack's Avatar
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    Question Was I being detained?

    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?

  2. #2
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    Yes, you were being detained. Probably for some real or perceived traffic or vehicle code violation (I'm guessing since you didn't elaborate).

  3. #3
    Regular Member T Mack's Avatar
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    Here is more

    Quote Originally Posted by WCrawford View Post
    Yes, you were being detained. Probably for some real or perceived traffic or vehicle code violation (I'm guessing since you didn't elaborate).
    Sorry this should explain...


    http://forum.opencarry.org/forums/sh...-on-motorcycle

  4. #4
    Michigan Moderator DrTodd's Avatar
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    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.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  5. #5
    Regular Member T Mack's Avatar
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    Question

    Quote Originally Posted by DrTodd View Post
    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.
    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?

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    Quote Originally Posted by T Mack View Post
    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?
    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?"

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    Quote Originally Posted by T Mack View Post
    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!

  8. #8
    McX
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    right on WC! Teach the rule: DONT TALK TO THE COPS!

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

  9. #9
    Regular Member TheQ's Avatar
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    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.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  10. #10
    Michigan Moderator DrTodd's Avatar
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    I prefer the "Am I free to go?" statement as opposed to "Am I being detained?"
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  11. #11
    Centurion
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    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!
    Last edited by JoeSparky; 08-20-2011 at 11:19 PM.

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