Beau
Regular Member
imported post
I know this has been brought up before. I am still confused on the issue though.
Say you are walking down the street and you are stopped by LE. They demand, not request, that you show them ID. Are you required by law to do so?
If you do not have ID on you are you required to give name, address etc..?
Add to this scenario that you are openly carrying a firearm. The same questions apply with the addition of are you required to produce your LTCH?
The only IC I can find on this is:
IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.
I understand this to mean that it only applies if an infraction has been committed. If no infraction was committed than the charge of failure to identify would be dropped.
Now add to it this:
IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
I understand this to mean that an officer must have reasonable articulable suspicion that a crime has been committed. If stopped and you do not identify yourself it is still not a crime to refuse to identify unless you have actually committed a crime.
per
IC 34-28-5-3.5
Refusal to identify self
Now as far as producing your LTCH I can find nothing in IC that states you must do so when asked. The only thing I have found is this statement, "A law enforcement officer does have the right to inspect the permit". This statement comes from the ISP website at this link, http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf.
Unlike everything else in the firearms FAQ it does not have an IC source to go with it.
So with the information I have found the questions I am left with are these.
Does openly carrying a firearm provide LE with reasonable articulable suspicion that a crime is being committed? In this case the supposed crime being carrying a firearm without a license.
If the answer is yes would refusing to provide your LTCH be a crime?
If the answer is yes would refusing to provide another form of ID be a crime?
My take on it with the information I have found is that openly carrying a firearm does not provide RAS that a crime is being committed. If stopped I do not have to provide either my LTCH or ID to LE.
So I leave it to the good people of OCDO to provide additional facts. Preferably facts that cite Indiana code. Biased and un-biased personal opinions are also welcome.
I know this has been brought up before. I am still confused on the issue though.
Say you are walking down the street and you are stopped by LE. They demand, not request, that you show them ID. Are you required by law to do so?
If you do not have ID on you are you required to give name, address etc..?
Add to this scenario that you are openly carrying a firearm. The same questions apply with the addition of are you required to produce your LTCH?
The only IC I can find on this is:
IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.
I understand this to mean that it only applies if an infraction has been committed. If no infraction was committed than the charge of failure to identify would be dropped.
Now add to it this:
IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
I understand this to mean that an officer must have reasonable articulable suspicion that a crime has been committed. If stopped and you do not identify yourself it is still not a crime to refuse to identify unless you have actually committed a crime.
per
IC 34-28-5-3.5
Refusal to identify self
Now as far as producing your LTCH I can find nothing in IC that states you must do so when asked. The only thing I have found is this statement, "A law enforcement officer does have the right to inspect the permit". This statement comes from the ISP website at this link, http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf.
Unlike everything else in the firearms FAQ it does not have an IC source to go with it.
So with the information I have found the questions I am left with are these.
Does openly carrying a firearm provide LE with reasonable articulable suspicion that a crime is being committed? In this case the supposed crime being carrying a firearm without a license.
If the answer is yes would refusing to provide your LTCH be a crime?
If the answer is yes would refusing to provide another form of ID be a crime?
My take on it with the information I have found is that openly carrying a firearm does not provide RAS that a crime is being committed. If stopped I do not have to provide either my LTCH or ID to LE.
So I leave it to the good people of OCDO to provide additional facts. Preferably facts that cite Indiana code. Biased and un-biased personal opinions are also welcome.