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Rights when stopped by LE

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
I am familiar with most Indiana laws governing the carrying of handguns. One thing I haven't came across is the rights hoosier's have when stopped walking along the sidewalk or anywhere else in public by a LEO. If someone knows what we HAVE to give up to the police reply and let me know. Thanks.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
http://www.in.gov/legislative/ic/code/title34/ar28/ch5.html

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

Bolded selections by me.
 
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protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
http://www.in.gov/legislative/ic/code/title34/ar28/ch5.html

IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24 .

Thanks for the reply. I was aware that you had to given you had been pulled over in a traffic stop, or even walking if you had comited an infraction. I was just unsure whether this applied if you were just walking along and a LEO stopped you because you were open carrying. I believe I have heard that you have to show them your LTCH but still wasn't read-up on the matter.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Thanks for the reply. I was aware that you had to given you had been pulled over in a traffic stop, or even walking if you had comited an infraction. I was just unsure whether this applied if you were just walking along and a LEO stopped you because you were open carrying. I believe I have heard that you have to show them your LTCH but still wasn't read-up on the matter.

Where OC is fully legal, which I believe is the case in IN with a CCW, the cop cannot stop you simply for doing so. He must have RAS of a crime having been committed, or about to be committed by you.
 
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protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
Where OC is fully legal, which I believe is the case in IN with a CCW, the cop cannot stop you simply for doing so. He must have RAS of a crime having been committed, or about to be committed by you.

My original qustion still hasn't been answered. A for instance: I'm walking down the street OCing. LE get a call MWG (Man With a Gun). Cop sees e walking down the street approaches me. Asks me if I have a weapon on me. Ask to see ID LTCH ect... What are my rights? What information do I have to give up by Indiana law? I've researched but can't come up with any citations on the matter...
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
I'll have to look for this later, but INGO has a thread that describes what to do to prevent your rights from being violated.
 

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
I'll have to look for this later, but INGO has a thread that describes what to do to prevent your rights from being violated.
I suppose I could look it up, seeings how I'm a member on there. It would save time if you could post the link to the thread on here for me if you have the page available.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
I'll have to look for this later, but INGO has a thread that describes what to do to prevent your rights from being violated.

I suppose I could look it up, seeings how I'm a member on there. It would save time if you could post the link to the thread on here for me if you have the page available.

Much easier to find things on my home computer than on my work computer!

http://ingunowners.com/forums/carry...our_rights_what_to_do_when_leo_stops_you.html
 

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana

I got it thank you. Have to show LTCH whether I commit a crime or not. Don't agree with it, but thats how it is. The law states that No matter how far into the conviction process, the moment you show that you DO have a LTCH they have to let you go, and erase arrest records. They were saying it would really piss some people off to not show proof, wait till the day of trial and then "oh look at that, I found it!" lol
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI
I got it thank you. Have to show LTCH whether I commit a crime or not. Don't agree with it, but thats how it is. The law states that No matter how far into the conviction process, the moment you show that you DO have a LTCH they have to let you go, and erase arrest records. They were saying it would really piss some people off to not show proof, wait till the day of trial and then "oh look at that, I found it!" lol

I find it odd IN has had a permit system for such a long time that you guys haven't fought for Constitutional Carry, especially since you can carry pretty much everywhere.
 
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