Dealing with the Police After

[Perplexed]

Excellent synopsis, Michael! I'd wondered how such an incident would go down, as far as the aftermath is concerned. So, thank you for summarizing your thoughts on this issue.

Looks like one would be better off using a cheap handgun for CCW - no Wilson Combat 1911's, rare S&W revolvers, or gold-plated Glocks - on the off-chance you won't get it back after a defensive shooting

And before anyone can say anything about priorities, I'm well aware there are more pressing concerns after a shooting - your health, your rights, avoiding the creation of a situation that casts you in a bad light, etc. I'm just commenting on the wisdom of carrying a relatively inexpensive piece, knowing in advance that if you're unfortunate enough to be involved in a defensive shooting (and fortunate enough to survive), you may lose the piece.

 

[aeropb]

When life is on the line, material possessions no longer matter. I'd be happy to lose anything I own in an attempt to save myself/others.

 

[prdator]

If you really want to see how hard it is to say the right things at the right time after an encounter like this. Go take Mikes, CQT class at USSA, you'll get the chance to sort all the answers to the questions that you will be asked.

I can tell you that it really is eye opening what happens in CQT.
And the "police" interview after an "incident" is more than worth the $ spent on the class!!!!!!

As usual Mike is right on the money with this...

 

[IDtheTarget]

Mike,

Most of what you said makes a lot of sense, except the "expect to be detained" part.

Title 21 Section 1289.25 paragraph G says that "A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful."

You also said to expect our guns to be confiscated as evidence, yet title 21 Section 1290.8 paragraph E states that "Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed."

I'm not a lawyer, but those two sections seem to me that if a police officer does either of these things, then they're in violation of criminal code... How am I reading this wrong?

 

[vvvvvvv]

I believe there is a difference in being detained and being arrested. I think if you're arrested, you're going to be in a jumpsuit soon. You could be detained to be questioned, but not technically under arrest, especially since a difference is noted in 1290.8C.

IANAL and I didn't see any case law on this.


ETA: Under Title 22 Section 720A, you may be detained as a material witness to a felony for up to 48 hours. I didn't see any case law or opinions on it, but I'm sure the possibility of fear of retaliation by family members of the deceased may be enough probable cause. Maybe

 

[Buzzdraw]

Mike,

. . .

You also said to expect our guns to be confiscated as evidence, yet title 21 Section 1290.8 paragraph E states that "Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed."

I'm not a lawyer, but those two sections seem to me that if a police officer does either of these things, then they're in violation of criminal code... How am I reading this wrong?

I am not a lawyer either, but 21 OS 1290.8 does not apply in this case. The weapon utilized under 21 OS 1289.25 has not remained simply concealed. It has been drawn and fired as a self defense tool as part of a deadly force encounter. The handgun is no longer just a concealed possible means of self defense; it has been put to use in a serious life and death battle.

 

[HKOK]

Thought I would make my first post here. This thread caught my eye because I had recently seen this video on

http://defensivehandgun.blogspot.com/.

Here is the link to the video.

http://www.youtube.com/watch?v=6wXkI4t7nuc&eurl


Quick synop. of the video. Current law prof. and defense attorney, and a former leo/detective and current law student talk about your fifth amem. rights.


This is not geared to a defensive shooting but is very interesting to watch. Take the time to watch it all.


JP

 

[VociferousJD]

Thought I would make my first post here. This thread caught my eye because I had recently seen this video on

http://defensivehandgun.blogspot.com/.

Here is the link to the video.

http://www.youtube.com/watch?v=6wXkI4t7nuc&eurl


Quick synop. of the video. Current law prof. and defense attorney, and a former leo/detective and current law student talk about your fifth amem. rights.


This is not geared to a defensive shooting but is very interesting to watch. Take the time to watch it all.


JP

This should be required viewing for SDA students!!!

 

[spd67]

This is great advice from Michael I think it is spot on...

 

[desel25]

This has to be the most informative advice i have ever seen on this topic. Thank you so much!