Santa Fe Police Confront Man for Open Carring Legally

[ocsdor]

Santa Fe Police Confront Man for Open Carring Legally

[ame="http://www.youtube.com/watch?v=8BwQQSo9YX4&feature=player_embedded"]YouTube - Santa Fe Police Confront Man for Open Carring Legally[/ame]

I wonder why there is so much distrust of government and police?

 

[IndyMonkey]

It was easy to tell why the traffic officer is the age he is and still doing traffic. Bumbling fool.

Someone correct me if Im wrong but we have to produce our LTCH when asked, crime or not, correct?

 

[00BlasterResto]

I have to say on this one, the officers were being very reasonable and the guy was trying his best to be difficult.
I am all for our rights and so on of course, just don't see a reason to
-I don't think either the officer or citizen were much good with words.

 

[E5RANGER375]

first I have to say that the guy is an IDIOT for walking up on a Police Officer while they are on a traffic stop (him having a handgun in a holster is of no consequence). The traffic cop was acting out of anger, which i dont blame him for being mad, but that doesnt mean he can violate the guys rights either. but in this case i think the officer had probable cause to at least see an ID because its not "normal" or respectful to walk up on a traffic stop, that is going well. So in my opinion (im not a cop) but the probable cause would be "officer safety" i believe. now if the cop would have been acting in a out of line manner then i could understand walking on scene with a camera, but i still stand by my statement, THIS GUY IS AN IDIOT!. if that guy didnt have that camera i think it would have been a VERY bad day for him.

 

[E5RANGER375]

Someone correct me if Im wrong but we have to produce our LTCH when asked, crime or not, correct?

NOPE. you dont even have to give them your name unless they are detaining you for a crime.

 

[IndyMonkey]

if that guy didnt have that camera i think it would have been a VERY bad day for him.

Are you saying the officers might of acted different if they were not being held accountable by the camera?

 

[IndyMonkey]

NOPE. you dont even have to give them your name unless they are detaining you for a crime.

Now I have to go do some digging on google.

 

[Scutter01]

NOPE. you dont even have to give them your name unless they are detaining you for a crime.

You sure about that? Carrying a handgun in public is a crime in Indiana. An LTCH is an exemption to that. This IC might interest you:

IC 35-47-2-24
Indictment or information; defendant's burden to prove exemption or license; arrest, effect of production of valid license, or establishment of exemption
Sec. 24. (a) In an information or indictment brought for the enforcement of any provision of this chapter, it is not necessary to negate any exemption specified under this chapter, or to allege the absence of a license required under this chapter. The burden of proof is on the defendant to prove that he is exempt under section 2 of this chapter, or that he has a license as required under this chapter.
(b) Whenever a person who has been arrested or charged with a violation of section 1 of this chapter presents a valid license to the prosecuting attorney or establishes that he is exempt under section 2 of this chapter, any prosecution for a violation of section 1 of this chapter shall be dismissed immediately, and all records of an arrest or proceedings following arrest shall be destroyed immediately.

In other words, failure to produce your license (when carrying a handgun) is an arrestable offense, after which you may present it and have charges dropped.

 

[E5RANGER375]

well, scutter has the law, but carrying a handgun i still believe is not probable cause for a stop and ID

 

[E5RANGER375]

You sure about that? Carrying a handgun in public is a crime in Indiana. An LTCH is an exemption to that. This IC might interest you:

In other words, failure to produce your license is an arrestable offense, after which you may present it and have charges dropped.

well i guess i'll be arrested and take my chances with a lawyer. im not showing mine if i havent committed a crime. but thats just me.

 

[Scutter01]

well i guess i'll be arrested and take my chances with a lawyer. im not showing mine if i havent committed a crime. but thats just me.

The IC requires that the prosecutor drop all charges immediately when you produce your license, but you still have to deal with the arrest. Additionally, bureaucracy being what it is, your record might take considerable work to expunge.

 

[Scutter01]

well, scutter has the law, but carrying a handgun i still believe is not probable cause for a stop and ID

I didn't say it was probable cause for a stop. I said you're required to produce your license upon request.

 

[E5RANGER375]

I didn't say it was probable cause for a stop. I said you're required to produce your license upon request.

but if there was no probable cause to get to the point where they ask me for my LTCH then doesnt that invalidate their request?? just asking.

 

[Archbishop]

but if there was no probable cause to get to the point where they ask me for my LTCH then doesnt that invalidate their request?? just asking.

Seems to me there's the technical issues which you speak of then there's real issue of dealing with all the crap that goes along with proving your point....

 

[Scutter01]

but if there was no probable cause to get to the point where they ask me for my LTCH then doesnt that invalidate their request?? just asking.

I can't answer that. All I can do is point to the IC and show that carry without a license is a crime with the burden of proof on the defendant to demonstrate his exemption to the statute. Given the above, I would submit that there IS probable cause to at least detain you long enough to request your LTCH, but I have no case law to back that up.

 

[traderdan]

Ron Paul supporters should not act so foolishly.In a major metropolitan area that man would have been cuffed,probed,stuffed into a cruiser and the camera destroyed in the altercation!

 

[E5RANGER375]

I can't answer that. All I can do is point to the IC and show that carry without a license is a crime with the burden of proof on the defendant to demonstrate his exemption to the statute. Given the above, I would submit that there IS probable cause to at least detain you long enough to request your LTCH, but I have no case law to back that up.

Ive seen case rulings posted on here where judges say that the act of just carrying a gun is not probable cause for an ID check. so many variables. maybe someone needs to be the "test case"

 

[IndyMonkey]

Ive seen case rulings posted on here where judges say that the act of just carrying a gun is not probable cause for an ID check. so many variables. maybe someone needs to be the "test case"

Want to go for a walk?

 

[E5RANGER375]

Want to go for a walk?

heck yeah. ft. wayne maybe?? i hear the weather up there is HOT this time of year.

 

[kingnereli]

I think he did a good job. I'm not sure why he walked up on the traffic stop but he handled himself well enough and educated a couple of officers. Good for him.