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well, Police officers, being human, are sometimes scumbags too...Originally Posted by hip55
Gun and a badge attitude.
"WTF you gonna do, I will lock your ass up and say I Saw you doing [whatever]."
Think it doesn't happen? http://www.youtube.com/watch?v=ZVb7lww9J1I
Sure, there has to be a few bad apples out there, but I believe that most LEOs are professionals and act accordingly.
The worst kind of scumbag is one that has been intrusted with authority.
Grandpa's Sheriff Badge, Littleton 1920's
My Dad, who is a retired 20 veteran of the AZ Highway patrol in addition to time served in other LE agencies has always told me to refuse any request by police to search my car on the side of the road. Advice from someone who spent a lot of time in the business...
"Investigating a crime is different than investigating a report of "a citizen that is open carrying." Way too simplistic statement, my friend. How does that cop know what is going on when the call comes in? How does he know it is someone "open carrying" or if it someone who should not have a firearm, may had a concealed weapon that got exposed (this happens A LOT), may be just prior to some other concern, etc. How does that cop know? Are you recommending to have the dispatcher tell the caller it is legal to carry openly and see if there is additional information, or does the fact that this open carry so concern the person who called and expects an officer to come and make sure all is ok? Believe me, a lot of the calls received are similar to these types of calls in which the caller wants an officer to check out something and make sure it is ok.
What, in your opinion, is the difference between a peace officer and a LEO? I'm curious, so I'll know which one I'm supposed to be.
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
Sure, there has to be a few bad apples out there, but I believe that most Gun Owners are peaceful citizens and act accordingly.
Good point.
Easily bootstrapped in Colorado, all he needs is someone to call in a "man with a GUN!! OMFG" and cite with "disturbing the peace". Then he has reasonable suspicion that you are that "man" and can stop you, ask for ID, pat you down, cuff you, disarm you, and generally make your life miserable until he ascertains you have no wants or warrants, then fills out the report, eats lunch, and converses with his supervisor about their fantasy football league. Then he can send you peaceably on your way, all without actually charging you with anything or actually arresting you. Many if not most cops will NOT grind this scenario out to the bitter end if you are not a jerk, but they have a lot of discretion in how to handle it. Denver, Arvada, Lakewood, and Breckenridge have ordinances against open carry, and they can enforce them without conflicting with state law. CRS18-12-201 ONLY covers the supremacy of state law over local ordinance in regards to concealed carry, not open carry.
(Sigh)...I dunno. The ongoing argument is getting tiring.
It is a simple thing. You don't have to give consent if you are asked. If they see something unlawful in the vehicle, they don't need consent, nor a warrant. There is a motor vehicle exception to the warrant requirement. It deals with the ability to move the vehicle. If you lock the vehicle and they saw something inside it, they can break the window to get in...and they won't be required to pay for the repair (just to cut that argument off at the pass).
My law book states this:
4 Ways to Search a Vehicle
1. Consent
2. Probable Cause
3. Impound Inventory
4. Search Incident to Arrest
Additional Ways
5. Plain View
6. Exigency
7. Search Incident to Detainment
8. Search Warrant
#4 was recently successfully challenged in court and is in the process of appeal to the Supreme Court. We'll have to see if the Supremes are willing to hear the case.
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
Yep. I respect you and all our discussions here have been good ones and we've agreed more than we've disagreed. On this topic, we do disagree.Once again, we agree to disagree I guess.
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
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