Duty to Inform?

[Blueslant]

I know that I do not have a duty to inform during a stop, but I have been unable to answer the follow up question by searching (albeit poorly) the forums.

I will start with the assumption that during the course of the officer running my license, the fact that I have a CPL will become known. If a police officer asks me if I am in possession of a firearm, while I am still in my car, seated, buckled in, etc. Am I required to answer that question? It may be asked and answered, but I was unable to find it.

I am talking about a normal traffic stop, with absolutely no RAS for anything other than speeding, for example.

 

[Grim_Night]

Short answer...

Officer: Do you have a firearm on your person or in the vehicle?
You: What is the reason for pulling me over officer?

Unless it is pertinent to the stop itself, it's none of the officer's business.

 

[Freedom1Man]

Short answer...

Officer: Do you have a firearm on your person or in the vehicle?
You: What is the reason for pulling me over officer?

Unless it is pertinent to the stop itself, it's none of the officer's business.

How is that question relevant to this stop officer?

 

[MSG Laigaie]

never been asked

But......if I am asked, I will be open carrying and that makes it bloody obvious. The LEO would already know about my CPL from dispatch, so how will I answer? "Well, Yes officer, I have a pistol, well holstered. on my right hip." As I am riding the motorcycle almost all the time, it would be the bike I would get stopped on. The LEO would see it with no effort.

 

[golddigger14s]

The last time I got stopped for speeding, State Patrol already knew I had a CPL. When he got to my door he asked if I had a gun, I said yes and said OK just don't touch it. I got my ticket, and I was on my way. Unlike AK, we don't have to inform but don't lie either if asked.

 

[5918mike]

I used to hand over my CPL with my license and inform them, that led to too many stupid lectures and conversations or advice that just wasted my time. I don't say anything about my weapon and if asked any questions, gun, where do I work, where am I going or coming from, I just inform them I will not answer questions and will exercise my right to remain silent.

 

[Maverick9]

I'm starting to think the prudent thing is to not carry your firearm on your person while driving. In a quick access container, you are not 'armed' and have no need to inform or discuss and you won't suffer being disarmed and/or swept with your own handgun.

 

[JamesCanby]

I used to hand over my CPL with my license and inform them, that led to too many stupid lectures and conversations or advice that just wasted my time. I don't say anything about my weapon and if asked any questions, gun, where do I work, where am I going or coming from, I just inform them I will not answer questions and will exercise my right to remain silent.

I'm becoming fond of the response, "I don't answer probative questions." These are questions that are not directly relevant to the reason the LEO stopped you, such as the ones you listed in your post.

By using this response, you are indicating that you will respond to questions that relate directly to the reason for the stop, but that you will not answer questions such as the ones you listed since they are used to "fish" for additional information that they can use to expand on their original reason for stopping you.

Watching the TV show COPS is instructive as to what NOT to do. How many times do we see people that have been stopped for a "taillight out" or a "rolling stop at a stop sign," who are asked all kinds of probative questions that lead to a detention, a search or other fishing techniques where the person has given up all of their rights and has been arrested.

The best advice -- for you and everyone else in the car -- is, "Keep Your Big Mouth Shut." Truthfully answer questions directly related to the identified infraction -- the reason the LEO stopped you -- and nothing more.

Next best advice: Carry and use a recorder on every stop...

 

[acmariner99]

I have a really really simple solution to this - don't get pulled over! I've only been stopped once and that was before I started carrying. However, since I have Springfield armory and "I love guns and coffee" decals on my truck, I think an officer would think the answer is obvious. I wouldn't lie if I was asked.

 

[badkarma]

I was pulled over a few months ago and from the WaGuns.org and Glock stickers, the WSP officer had the obvious question "Are you armed?" which I had no problem replying "Always" and he asked to take a look at my CWP. He let me go with a warning.

I could have been an ass and said something completely confrontational and received, what is called by most LEO as a "Stupid Tax" but I was nice and let go with out incident.

Food for thought. Pick your battles.

 

[EMNofSeattle]

I know that I do not have a duty to inform during a stop, but I have been unable to answer the follow up question by searching (albeit poorly) the forums.

I will start with the assumption that during the course of the officer running my license, the fact that I have a CPL will become known. If a police officer asks me if I am in possession of a firearm, while I am still in my car, seated, buckled in, etc. Am I required to answer that question? It may be asked and answered, but I was unable to find it.

I am talking about a normal traffic stop, with absolutely no RAS for anything other than speeding, for example.

Personally I would simply truthfully answer if I were carrying,

Legally speaking, I really can't think of any way they can legally compel you to tell them..... Since possession of a state license to do something isn't RAS of a crime,,,,,,

However, if the officer was willing to be easy on you and give you a warning for the traffic offense they stopped you for, I can certainly see talking yourself into a ticket..... It may not be right, but that's what could happen...

 

[Freedom1Man]

Personally I would simply truthfully answer if I were carrying,

Legally speaking, I really can't think of any way they can legally compel you to tell them..... Since possession of a state license to do something isn't RAS of a crime,,,,,,

However, if the officer was willing to be easy on you and give you a warning for the traffic offense they stopped you for, I can certainly see talking yourself into a ticket..... It may not be right, but that's what could happen...

Last time I answered in the affirmative, I had to get out of the car, was handcuffed and harassed.

EDIT:

The Redmond cops the LT was the one who stopped me, wanted to know who issued my CPL because they showed no record of Redmond issuing one to me. He did not eve know that they are issued by the county Sheriff's department.

 

[sudden valley gunner]

No more duty to inform a guy with a shiny badge and a state issued costume than any other nosy busy body.

 

[Ajetpilot]

Personally I would simply truthfully answer if I were carrying,

Legally speaking, I really can't think of any way they can legally compel you to tell them..... Since possession of a state license to do something isn't RAS of a crime,,,,,,

However, if the officer was willing to be easy on you and give you a warning for the traffic offense they stopped you for, I can certainly see talking yourself into a ticket..... It may not be right, but that's what could happen...

I would rather take a traffic citation than to give up my Fifth Amendment rights and answer any questions.

 

[Ajetpilot]

No more duty to inform a guy with a shiny badge and a state issued costume than any other nosy busy body.

 

[()pen(arry]

I would rather take a traffic citation than to give up my Fifth Amendment rights and answer any questions.

+1

Priorities, folks. Priorities.

 

[Grim_Night]

I would rather take a traffic citation than to give up my Fifth Amendment rights and answer any questions.

My point exactly. I'd rather take the ticket and fight it in court and keep my business to myself.

 

[sudden valley gunner]

I would rather take a traffic citation than to give up my Fifth Amendment rights and answer any questions.

+1

 

[EMNofSeattle]

I would rather take a traffic citation than to give up my Fifth Amendment rights and answer any questions.

If you wish to turn every single conversation with a police officer into a constitutional argument then you go right ahead......

Rights can be used or not at the convienence of those faced with the decision,

It's not going to turn America into a fascist state if some people choose to cooperate with the authorities who I pay to maintain order.....

I don't make a habit of mulling illegal drugs or trafficking stolen property, or doing much anything wrong.... So you know what would happen if I chose not to employ a certain right.... Nothing!!!

That and if I get a traffic ticket it goes on my CSA score which is not good, so I'd rather not have a ticket...

 

[sudden valley gunner]

Its not just a conversation is it EriK?

Some people realize that perhaps millions have died and sacrificed over the last thousand years to win these rights. They don't take that lightly.


And yes it does turn to a tryannical state if people cooperate with the unliberty anti right demands of state agents. Germans thought they were free, much like you do.