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Thread: What do you think of how this guy handled being stoped for OC?

  1. #101
    Join Date
    Jun 2011
    Location
    Charleston, SC
    Posts
    545

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    He could have acted differently, as could the police.

    I would have done exactly what the officer said, then after they got done frisking me and debating what they really just did... I would have urged them to learn the laws they are hired to uphold. Asked for badge numbers, then went on my merry way.

    Then, made some formal complaints.
    For those who fight for it, life has a flavor the protected will never know.





  2. Concealed Carry Giveaway
  3. #102
    Join Date
    Jan 2009
    Posts
    3,244

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    Immediate compliance with all of the officer's requests makes your case more difficult in court because the burden of proof is then upon you to prove that the encounter was not voluntary on your part. That's the reason it is better for the subject to immediately ask the officer if they are being detained under suspicion of committing a crime. The officer's answer to that question will the determine if the remainder of the encounter was voluntary or not.

    If the officer answers yes, you are being detained under suspicion of committing a crime, then the burden of proof in court falls upon the officer to prove that they had reasonable and articulable suspicion to make the detention legal.
    Quote Originally Posted by Flanmedic51 View Post
    Again, you turn it into a rights thing when it only gives the LEO more ability to enforce laws and provide public safety.
    I am not anti-cop, I am pro-Constitution.

  4. #103
    Join Date
    Mar 2011
    Location
    Rocky River, Ohio
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    433

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    Quote Originally Posted by NavyLCDR View Post
    Immediate compliance with all of the officer's requests makes your case more difficult in court because the burden of proof is then upon you to prove that the encounter was not voluntary on your part. That's the reason it is better for the subject to immediately ask the officer if they are being detained under suspicion of committing a crime. The officer's answer to that question will the determine if the remainder of the encounter was voluntary or not.

    If the officer answers yes, you are being detained under suspicion of committing a crime, then the burden of proof in court falls upon the officer to prove that they had reasonable and articulable suspicion to make the detention legal.
    Exactly.

    Other than REQUIRED notifications, such as in Ohio, the FIRST thing out of your mouth in ANY non-voluntary police encounter should be, "Am I free to leave?" If the answer is "no", your ONLY response should be, "I have nothing further to say without my lawyer present."

    If asked to consent to ANYTHING, loudly and unambiguously REFUSE CONSENT.

    Then SHUT UP.

    Where lawful to do so, use a recording device to ensure that your invocation of your right to remain silent and your refusal of consent are documented.

  5. #104
    Join Date
    Jun 2011
    Location
    warren,mi
    Posts
    3

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    all cops are drama queens,use to trust them (a little) now dont trust them at all

  6. #105
    Join Date
    Apr 2011
    Location
    GrangeVille, Idaho
    Posts
    131

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    I hope he ends up with a huge settlement from the city. There is no reason for a citizen to be treated that way by any public servent.

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