What do we do in this scenario?

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

MLR

Sharpshooter
Joined
Jun 26, 2007
Messages
1,070
Reaction score
0
Location
Pond Creek
I am in the service business and carry at all times, If you go into the home of a LEO who is off duty To do some kind of work for them ( you know he or she is LEO due to the patrol car in the drive) Are we required to inform them of our CCW ? I just thought of that the other day and was just curious?
No need to notify in this case.

Michael
 

MyMonkey

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
May 30, 2008
Messages
2,570
Reaction score
8
Location
Oklahoma City
Ask the Officer if you are being detained...If he says yes then yes you do....If he asks for your identification a resonable person would think they are not free to leave so yes you should notify them...I would let any Officer you come into contact with know as soon as you could.

Not sure about that reasonable man quote. Knowing that you have no duty to provide ID upon a fishing request such as referenced above I think the question whether one is being detained or not is a good starting point to determine the status of the contact. However, once it is determined by a reasonable standard or expressed by the officer that this is a detainment then the duty for CCL presentation attaches and likely the ID as well thereafter. Just my though on it.
 

spd67

Sharpshooter
Special Hen
Joined
Sep 21, 2009
Messages
598
Reaction score
0
Location
Guthrie
Not sure about that reasonable man quote. Knowing that you have no duty to provide ID upon a fishing request such as referenced above I think the question whether one is being detained or not is a good starting point to determine the status of the contact. However, once it is determined by a reasonable standard or expressed by the officer that this is a detainment then the duty for CCL presentation attaches and likely the ID as well thereafter. Just my though on it.

Do you know for sure that it is a fishing request?...the officer may have a perfectly legal reason to be contacting you and not tell you why right away. I stop and conduct feild interviews all the time and I will regularly aske for identificaiton before I tell the person why I am stopping them. It allows me a tactical advantage if they decide to run after the point when I obtain ID I know know who they are. For example I stop a person walking down the street whom I belive is engaged in drug sales or tansportation. I stop get out and start to speak with them and If I tell them that the reason I am stopping them is on suspision of narcotics sales / possession and then they take off running. I now have to chase them, get other officers to chase them, risk harm to myself, or other officers, risk the public safety when if I had just obtained ID first off and he ran it's ok I'll just write up a warrant and catch him later.

Just because there is a valid reason to stop you does not mean that the officer has to tell you what it is right away. The resonable man quote is a court standard that is employed when a court of law is attempting to determin if the person was actually detained and the court says that a resonable man would belive they are being detained and not free to leave if they have to give identification to an officer and are detained until the officer returns the identification.
 

Werewolf

Sharpshooter
Special Hen
Joined
Oct 1, 2005
Messages
3,471
Reaction score
7
Location
OKC
No need to notify in this case.

Michael
Technically - correct.

If a repairman or contractor or other person enters your home at your request to perform some service wouldn't you want to know if they were armed? Shouldn't one in that case notify the home owner whether or not they are a LEO?

I'm a bit conflicted about how to answer the question myself and would be interested in what others would have to say about the ethical considerations regardless of what the law says. Why should it matter if the home owner is a LEO or not.
 

MLR

Sharpshooter
Joined
Jun 26, 2007
Messages
1,070
Reaction score
0
Location
Pond Creek
Originally Posted by MLR
No need to notify in this case.

Michael
Technically - correct.

If a repairman or contractor or other person enters your home at your request to perform some service wouldn't you want to know if they were armed? Shouldn't one in that case notify the home owner whether or not they are a LEO?

I'm a bit conflicted about how to answer the question myself and would be interested in what others would have to say about the ethical considerations regardless of what the law says. Why should it matter if the home owner is a LEO or not.
The OP asked whether or not he was required to notify. The only answer to that is no. Nothing else to consider.
Had he asked about some moral obligation to notify it would be open to discussion.

Michael
 

Werewolf

Sharpshooter
Special Hen
Joined
Oct 1, 2005
Messages
3,471
Reaction score
7
Location
OKC
The OP asked whether or not he was required to notify. The only answer to that is no. Nothing else to consider.
Had he asked about some moral obligation to notify it would be open to discussion.

Michael
Point taken...

That said I will address the question to the OP and anyone else who'd care to comment: When entering anyone's home, LEO or not does one have a moral/ethical obligation to inform the home owner that one is carrying? If not why not? I so then why?
 

SMS

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jun 15, 2005
Messages
15,328
Reaction score
4,303
Location
OKC area
Point taken...

That said I will address the question to the OP and anyone else who'd care to comment: When entering anyone's home, LEO or not does one have a moral/ethical obligation to inform the home owner that one is carrying? If not why not? I so then why?

I have no moral/ethical obligation to tell someone that I am carrying a pistol anymore than I should disclose the contents of my wallet and the make/model of my underwear. Both of those are as harmless as my holstered pistol.
 

Latest posts

Top Bottom