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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: 1162101" data-attributes="member: 18"><p>The nature of your question leads to to question its legitimacy given that you have stated that you are a lawyer and former LEO.</p><p></p><p>This would seem to be be pretty basic information to anyone who has written a traffic or criminal citation..............</p><p></p><p>Title 21 and 47.</p><p></p><p>In Tulsa, Municipal Codes 27 and 37 also correspond.</p><p></p><p>Title 47 provides specific information, including address, that a suspect in a traffic violation must provide in order to receive the courtesy of a citation in lieu of a physical arrest in the county of his/her residence. Failure to provide this information would result in a physical arrest.</p><p></p><p>The section on arrest warrants also outlines this information as it is required on any state or municipal warrant to be served in Oklahoma, however this is only important to the magistrate issuing the warrant in terms of its application to your question.</p><p></p><p>Outright refusal to provide information could certainly be warranted if an officer acknowledges that no probable cause, reasonable suspicion, or material witness information exists.</p><p></p><p>However an officer simply refusing to provide the substance of the above would not warrant refusal unless a citizen doesn't mind being arrested in order to know that information. I have only come across this scenario once in my time as a police officer.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1162101, member: 18"] The nature of your question leads to to question its legitimacy given that you have stated that you are a lawyer and former LEO. This would seem to be be pretty basic information to anyone who has written a traffic or criminal citation.............. Title 21 and 47. In Tulsa, Municipal Codes 27 and 37 also correspond. Title 47 provides specific information, including address, that a suspect in a traffic violation must provide in order to receive the courtesy of a citation in lieu of a physical arrest in the county of his/her residence. Failure to provide this information would result in a physical arrest. The section on arrest warrants also outlines this information as it is required on any state or municipal warrant to be served in Oklahoma, however this is only important to the magistrate issuing the warrant in terms of its application to your question. Outright refusal to provide information could certainly be warranted if an officer acknowledges that no probable cause, reasonable suspicion, or material witness information exists. However an officer simply refusing to provide the substance of the above would not warrant refusal unless a citizen doesn't mind being arrested in order to know that information. I have only come across this scenario once in my time as a police officer. 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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