cougfan
Regular Member
I tried to search for a thread to put this is in, but man this forum has an awful search feature.
A little back-story first: I was visiting family in Reno/Sparks for Thanksgiving. I went to a bar to watch some Monday night football with my cousin on what happened to be my birthday around that time. I ended up having a great time, having some drinks meeting people bar hopping etc., until the wee hours of the morning. My cousin drank sparingly and drove me around, thankfully. But as we were leaving downtown Reno in his car we were pulled over because the cops didn't like the gusto with which he had stopped at and accelerated away from a stop sign or two. He wasn't ticketed for anything and was completely sober even offering up to blow into the handheld BAC tester and registering a nice round 0.0. Unfortunately he had 2 unpaid speeding tickets that had required his attention months prior that he had neglected to pay. So they arrested him (thankfully there were no new charges and after a night in jail the officers were kind enough to escort him to court to deal with these tickets). After putting him in the back of the squad car they turned their attention to me, the passenger. I told them I sure wasn't driving it anywhere and they were actually being friendly with me joking about my cousins predicament and all. One of them even pulled his car off the street and into a parking lot. Then they asked me for my ID, which is said no thanks to. I ended up giving them my name and pointedly asserted my DOB. I was then groped, "for officer safety". Then they seemed to get more irritated that I would hand over ID and asked for my SSN and I said fat chance on that. They let me call someone I knew to pick me up and I went on my way. But remembering this incident and how I was groped and didn't really know what was required of me in Nevada inspired me to look up the laws I am required to abide by while here. So today I did and wrote up a letter with the pertinent laws that might apply to my situation that I will give to any LEO that attempts to contact me in the future and I wanted to share it with everyone.
This interaction is occurring without my consent. I reserve all rights granted to me by the US Constitution and Nevada state law. I do not and will not communicate verbally with law enforcement as is my right to do so. I do not and will not consent to any searches of my person and/or property, nor do I consent to any physical contact between any law enforcement officer and my person and/or property. I will not choose to waive these rights in the future, regardless of circumstances.
AM I BEING DETAINED OR AM I FREE TO GO?
If I am free to go, I will now be departing and going about my lawful pursuits.
If I am being detained, I will respectfully and peaceably abide by what is required of me by law and trust any and all LEOs to do the same. This interaction must be conducted pursuant to NRS 171.123, which is listed in full below.
While not required to do so, out of courtesy for me and in aiding my understanding of the situation and how I should respond going forward, please articulate your reasonable suspicion that I have engaged in, am currently engaging in or am about to engage in a crime, or that I am currently on parole or probation and have somehow violated any condition(s) of a parole or probation requirement imposed upon me by a court of law?
If I was not operating a motor vehicle on a public road and this stop complies with NRS 171.123 then I will now provide you with my full legal name as stipulated in sec. 3. If I am not now providing you with my full legal name then I disagree that your suspicion is warranted. Please inform me when I am free to go, or at what point you are placing me under arrest.
If this is a traffic stop and you have requested it I have already or will now provide you with my current and valid drivers license, vehicle registration and proof of insurance. (Pursuant to NRS 483.350, 482.255 and 487.187; also NRS 883.550 and 484b.100)
Important Nevada Revised Statutes:
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.
Possibly applicable: NRS 171.1231, 171.1232, 171.14 (Is there PC to arrest? If LEO officer reasonably believes detainee armed with a dangerous weapon AND is a threat to the safety of LEO weapon may be seized during investigation; kept as evidence if arrested)
*I am not a lawyer, this is not legal advice.
A little back-story first: I was visiting family in Reno/Sparks for Thanksgiving. I went to a bar to watch some Monday night football with my cousin on what happened to be my birthday around that time. I ended up having a great time, having some drinks meeting people bar hopping etc., until the wee hours of the morning. My cousin drank sparingly and drove me around, thankfully. But as we were leaving downtown Reno in his car we were pulled over because the cops didn't like the gusto with which he had stopped at and accelerated away from a stop sign or two. He wasn't ticketed for anything and was completely sober even offering up to blow into the handheld BAC tester and registering a nice round 0.0. Unfortunately he had 2 unpaid speeding tickets that had required his attention months prior that he had neglected to pay. So they arrested him (thankfully there were no new charges and after a night in jail the officers were kind enough to escort him to court to deal with these tickets). After putting him in the back of the squad car they turned their attention to me, the passenger. I told them I sure wasn't driving it anywhere and they were actually being friendly with me joking about my cousins predicament and all. One of them even pulled his car off the street and into a parking lot. Then they asked me for my ID, which is said no thanks to. I ended up giving them my name and pointedly asserted my DOB. I was then groped, "for officer safety". Then they seemed to get more irritated that I would hand over ID and asked for my SSN and I said fat chance on that. They let me call someone I knew to pick me up and I went on my way. But remembering this incident and how I was groped and didn't really know what was required of me in Nevada inspired me to look up the laws I am required to abide by while here. So today I did and wrote up a letter with the pertinent laws that might apply to my situation that I will give to any LEO that attempts to contact me in the future and I wanted to share it with everyone.
This interaction is occurring without my consent. I reserve all rights granted to me by the US Constitution and Nevada state law. I do not and will not communicate verbally with law enforcement as is my right to do so. I do not and will not consent to any searches of my person and/or property, nor do I consent to any physical contact between any law enforcement officer and my person and/or property. I will not choose to waive these rights in the future, regardless of circumstances.
AM I BEING DETAINED OR AM I FREE TO GO?
If I am free to go, I will now be departing and going about my lawful pursuits.
If I am being detained, I will respectfully and peaceably abide by what is required of me by law and trust any and all LEOs to do the same. This interaction must be conducted pursuant to NRS 171.123, which is listed in full below.
While not required to do so, out of courtesy for me and in aiding my understanding of the situation and how I should respond going forward, please articulate your reasonable suspicion that I have engaged in, am currently engaging in or am about to engage in a crime, or that I am currently on parole or probation and have somehow violated any condition(s) of a parole or probation requirement imposed upon me by a court of law?
If I was not operating a motor vehicle on a public road and this stop complies with NRS 171.123 then I will now provide you with my full legal name as stipulated in sec. 3. If I am not now providing you with my full legal name then I disagree that your suspicion is warranted. Please inform me when I am free to go, or at what point you are placing me under arrest.
If this is a traffic stop and you have requested it I have already or will now provide you with my current and valid drivers license, vehicle registration and proof of insurance. (Pursuant to NRS 483.350, 482.255 and 487.187; also NRS 883.550 and 484b.100)
Important Nevada Revised Statutes:
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.
Possibly applicable: NRS 171.1231, 171.1232, 171.14 (Is there PC to arrest? If LEO officer reasonably believes detainee armed with a dangerous weapon AND is a threat to the safety of LEO weapon may be seized during investigation; kept as evidence if arrested)
*I am not a lawyer, this is not legal advice.
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