davidmcbeth
Banned
Because I almost got arrested for being a suspected gun runner :
Operation fast and furious? We understand
Because I almost got arrested for being a suspected gun runner :
Originally Posted by virginian45colt
Because I almost got arrested for being a suspected gun runner :
Operation fast and furious? We understand
I could be wrong, but my interpretation of Hiibel is that you have to give ID if stopped for an investigation of a crime. If he was stopped because they saw him open carrying before he got into his car, then that's not an investigation of a crime so no ID is required. From Hiibel, "...an officer may not arrest a suspect for failure to identify himself if the identification request is not reasonably related to the circumstances justifying the stop." And as we know from Delaware v. Prouse, an officer can't stop a driver of a car just to see if he is properly licensed: "Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment."
Thus I concluded that if he was stopped, it must have been for an actual vehicle code violation. A simple, "Why'd you stop me officer?" would give some understanding. If a reason wasn't given then a request for ID could be ignored.
I would like to state that in the state of Oregon we don't have any "stop and ID" law. The Court ruled (Hiibel v. Sixth Judicial District Court of Nevada) "Laws requiring suspects to identify themselves during investigative stops by law enforcement officers do not violate the Fourth Amendment, and do not necessarily violate the Fifth Amendment". So the Hiibel case does not effect us, since we don't have any such law that requires us to identified our-self.
Unless, you already knew that.
Yeah exercise my 5th amendment rights and get arrested and charged with a ton of crap. Not happening. I'm sorry but this whole not talking to police is what gets your screwed over for a long time.:banghead:
You have a right to remain silent. Sometimes it's good to use that right, and not talk. But in the end, it is your choice.I was walking to my truck while open carrying when the cops pulled up and started grilling me. One of them looked like he was about to draw his sidearm on me. It was rather intense. But whatever. I haven't been bothered since.
The mods may or may not remove it. I'd recommend at least asking them to lock it. I don't know if you read post #38, if not, I'd recommend you do.I'm regretting ever starting this thread. Sorry I ever did if a mod would remove it I would appreciate it.
The mods may or may not remove it. I'd recommend at least asking them to lock it. I don't know if you read post #38, if not, I'd recommend you do.
I'd also add, don't be put off by this experience. Most of us have had this, in one fashion or another, where we try to relate our experience, and in the end, the thread sometimes resembles a feeding frenzy in a shark tank. As I said before, everyone else is more than willing to tell you what they'd do in your situation. Thing is, if they had been there, then it wouldn't be your situation. It would be theirs. It would be different. A lot of people don't get it.
Oh well.
Good Luck.
I've noticed a lot of forum's these days are just people calling you a liar or whatnot. Oh well. Thanks though.
Actually, what you could do is use the "Thread Tools" located near the top of each page, and unsubscribe from the thread, then you won't be bothered by message notifications from this thread anymore. Eventually everyone else will get tired and float away from it.I've noticed a lot of forum's these days are just people calling you a liar or whatnot. Oh well. Thanks though.
It's not really so much a thing of them calling "liar," as much as we just have a bad habit of feeding on our own.
What else do you call someone who passes along untrue information?
Your know, getting called a liar is getting old. I have found here in Oregon I get harassed more because I still have Cali plates. It's alright though. I'm realizing I fought in the Army for Freedom of Speech and the Right to bear arms and none of you can take that from me. I'm physically crippled for the rest of my life just protecting your freedom to call me a liar. Thanks.
Mod's please lock this thread. Thank you.
Don't get me wrong. Passing along that you are a veteran (wounded or not) I highly value what you have done and your service to our country.
I won't go into the Texas thing, its just too obvious.
A LEO upon making contact with a subject already has made up his/her mind as to whether or not he/she will or will not arrest you. Saying nothing or saying everything is not going to change that fact. You will not talk your way out of being arrested but you most certainly CAN talk your way into it. Exercising your right to not answer their questions MAY get you arrested anyway, but the act of not answering most certainly did not trigger the arrest.
In this case, if you were not breaking any laws, and kept your mouth shut, and got arrested anyway.. I would suggest filing a civil rights suit (finding an attorney) because your rights were violated.
Simply because these things have been disputed doesn't mean in the slightest that "everyone here is calling you a liar". They are simply calling it how they see it. We are here to converse, share ideas and information.
Also having Cali plates doesn't make a person a target for harassment in Oregon. (I know this from experience) There is likely something else that has your locally encountered LEOs feathers ruffled up.
Don't get me wrong. Passing along that you are a veteran (wounded or not) I highly value what you have done and your service to our country.
I won't go into the Texas thing, its just too obvious.
A LEO upon making contact with a subject already has made up his/her mind as to whether or not he/she will or will not arrest you. Saying nothing or saying everything is not going to change that fact. You will not talk your way out of being arrested but you most certainly CAN talk your way into it. Exercising your right to not answer their questions MAY get you arrested anyway, but the act of not answering most certainly did not trigger the arrest.
In this case, if you were not breaking any laws, and kept your mouth shut, and got arrested anyway.. I would suggest filing a civil rights suit (finding an attorney) because your rights were violated.
Simply because these things have been disputed doesn't mean in the slightest that "everyone here is calling you a liar". They are simply calling it how they see it. We are here to converse, share ideas and information.
Also having Cali plates doesn't make a person a target for harassment in Oregon. (I know this from experience) There is likely something else that has your locally encountered LEOs feathers ruffled up.
I won't get into my experience in Texas, my family is from Texas, we have a lot of ranch land, and all my great uncles, who are WW2/Korea Vets open carry everyday there. But it's PRIVATE property out in the middle of nowhere that's probably why I saw it. I didn't see it like in Houston or anything, it was on private property.