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Competition, Tactics & Training
Self Defense & Handgun Carry
LEO asked me to remove my gun and leave it in car during traffic stop
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<blockquote data-quote="Michael Brown" data-source="post: 1162082" data-attributes="member: 18"><p>You either misunderstood your criminal justice professor or else he/she is unqualified to be teaching you, which would be suprising as most C.J. professors have some law enforcement experience.</p><p></p><p>For example, I get called to a house where a burglary has been committed. The owner says he has been burglarized. He has committed no crime, is not under suspicion for anything, and no one else has alleged he has committed a crime. </p><p></p><p>There is clearly no probable cause in this instance.</p><p></p><p>So how do I write a report for him if I don't ask for his identifying information?</p><p></p><p>A witness to a crime would be another example. No probable cause exists in this instance that the individual committed a crime.</p><p></p><p>A police officer can ASK anyone for anything.</p><p></p><p>A police officer can only DEMAND or INSIST if there is some sort of probable cause or reasonable suspicion.</p><p></p><p>Thus an officer may certainly walk up to someone sitting on a park bench and ask for identification. </p><p></p><p>And that person is allowed to refuse to provide any unless the officer advises them that there are circumstances that compel the person to provide identification i.e. probable cause or reasonable suspicion, although there is NO requirement that the officer provide the substance of the probable cause except to the magistrate that will preside over the issue at hand.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1162082, member: 18"] You either misunderstood your criminal justice professor or else he/she is unqualified to be teaching you, which would be suprising as most C.J. professors have some law enforcement experience. For example, I get called to a house where a burglary has been committed. The owner says he has been burglarized. He has committed no crime, is not under suspicion for anything, and no one else has alleged he has committed a crime. There is clearly no probable cause in this instance. So how do I write a report for him if I don't ask for his identifying information? A witness to a crime would be another example. No probable cause exists in this instance that the individual committed a crime. A police officer can ASK anyone for anything. A police officer can only DEMAND or INSIST if there is some sort of probable cause or reasonable suspicion. Thus an officer may certainly walk up to someone sitting on a park bench and ask for identification. And that person is allowed to refuse to provide any unless the officer advises them that there are circumstances that compel the person to provide identification i.e. probable cause or reasonable suspicion, although there is NO requirement that the officer provide the substance of the probable cause except to the magistrate that will preside over the issue at hand. Michael Brown [/QUOTE]
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LEO asked me to remove my gun and leave it in car during traffic stop
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