WTK: Open carry and ID in CO

[OneGuy67]

My book states a few diffrent things.
Amendment II
Amendment IV
Amendmemt V
Amendment VI
All found in The Constitution of the United States which are the supreme law of the land, all laws in violation of these rights are not lawfull and are not of my concern.

Leo's have a hard job to do and if they want my support they need to not look for the easy way and lay excuses on me while they try to trample my rights.

Sigh...Once again people don't seem to understand that yes, there are identifiable ways in which things can happen that are lawful, have been upheld by the Supreme Court and allow officers to do their job.

So, I'll discuss them here and this will be my last communication on the subject, because apparently, people aren't getting it.

4 Ways to Search a Vehicle:
1. Consent - If you provide consent to an officer to search something.

2. Probable Cause - Probable cause is the threshold needed to make an arrest. Upheld countless times by the Supreme Court.

3. Impound Inventory - An agency is required to make a full inventory of a vehicle's contents in order to protect themselves from liability. If, during that inventory, they find something, it can be used against that person. A vehicle can be impounded for traffic related offenses (DUI, etc), arrests, etc. This is another item that has been upheld by the Supreme Court on numerous occassions.

4. Search Incident to Arrest - Was a standard for years to allow a search of the interior of the vehicle if the driver was to be arrested for something and the vehicle wasn't going to be impounded. It is commonly referred to as the wingspan of the driver, where the driver could effectively reach inside the vehicle. This was recently challenged and is awaiting to see if the Supreme Court will hear arguments on the challenge.

Additional Ways
5. Plain View - If you have something illegal like a pot pipe in plain view, the officer can seize it. Pretty simple.

6. Exigency - Exigency would mean that the officer would normally have obtained a warrant, but the seizure of the item or vehicle required an immediate response for a specific reason. Not commonly used, but let's say the vehicle is on fire and it had been used in a robbery. Exigency would allow the officer to gain entry to look for evidence before the fire consumed the vehicle.

7. Search Incident to Detainment - Another not normally used and requires a lot of articulable reasons to ensure the search was lawful. Vehicle was used in drive by and witnesses report blue Dodge with two males in it. Vehicle stopped three blocks away matching description with two males in it. Males are detained and a search is conducted to ensure officer safety due to possible weapon issue.

8. Search Warrant - Lastly, the formal request to search for something signed by the judge. Easy to get during the daylight hours, a hassle for the judge at night. Still doable, but takes time.

There you have them. All are perfectly legal and have been upheld by the Supreme Court in numerous cases that you yourself will have to research as I am tired to be the research bitch for you. You want to have a continuing dialogue? Do it with respect!

[Irving]

If you get pulled over for a suspected DUI, can your car be searched if it is not impounded (left on the street)?

[Seamonkey]

Sigh...Once again people don't seem to understand that yes, there are identifiable ways in which things can happen that are lawful, have been upheld by the Supreme Court and allow officers to do their job.

So, I'll discuss them here and this will be my last communication on the subject, because apparently, people aren't getting it.

I for one want to thank you for the loads of info including references.

[KevDen2005]

If you get pulled over for a suspected DUI, can your car be searched if it is not impounded (left on the street)?

It was up until recently that car could be searched "Incident to Arrest" all the time, but now it has to be searched incident to arrest only if there is possible evidence of the crime you are being arrested for and you have an articulable reason to believe that evidence exists. The general rule of thumb now is that a car cannot be searched "Incident to Arrest."

A car can still be inventoried on the tow sheet, even if you are signing a waiver to have it parked lawfully where it sits. This has to be within your department policy and has to be common practice per the US Supreme Court

[KevDen2005]

I would also like to point out that it seems that every time a police officer in this country does something, the critics of this thread feel the need to immediately point out why its "wrong."

Just a thought, but I certainly don't bitch about the way anyone else performs their jobs on here. Furthermore, if a police officer does something wrong in the state of Colorado, there are 14,000 other police officers that seem to have done the job right that day. As if anyone on here is an expert in law and deciphering it and understanding the quickness of rapidly evolving situations. Sometimes police officers have to react very quickly. Sometimes people need to be contacted for carrying guns in certain places. Violence happens, and I guess sometimes the police should just look into situations just to make sure everything is on the up and up. Supposing that is their job to prevent crime whenever possible.

[Krasni]

I'm not disagreeing with you but I'd like to point out that I don't think anyone actually believes a police officer's job is to prevent crime. I've always thought it was to enforce the law once it's been violated.

Regardless, we need police and I think everyone can agree that a majority are good people doing a somewhat thankless job.

[OneGuy67]

I'm not disagreeing with you but I'd like to point out that I don't think anyone actually believes a police officer's job is to prevent crime. I've always thought it was to enforce the law once it's been violated.

Regardless, we need police and I think everyone can agree that a majority are good people doing a somewhat thankless job.

If that be the case, then we could be like the firemen and sit around watching tv or sleeping until someone calls and then head out. That would show my paramedic brother!

The very act of patroling, parking and watching, and traffic enforcement are visual indicators of police activity that tend to decrease crime in the areas that it occurs in. Unfortunately, there isn't any way to get an accurate poll or quantitative number of exactly how much crime was prevented or moved due to the increased police activity. The same argument is made for concealed carry. We just can't poll the bad guys to see why they didn't commit a crime at this location.

[KevDen2005]

If that be the case, then we could be like the firemen and sit around watching tv or sleeping until someone calls and then head out. That would show my paramedic brother!

The very act of patroling, parking and watching, and traffic enforcement are visual indicators of police activity that tend to decrease crime in the areas that it occurs in. Unfortunately, there isn't any way to get an accurate poll or quantitative number of exactly how much crime was prevented or moved due to the increased police activity. The same argument is made for concealed carry. We just can't poll the bad guys to see why they didn't commit a crime at this location.

Good point my friend...

Someone call the f-ing Fire Department...sounds like we need America's Heroes to make everyone happy and feel good...

[KevDen2005]

I'm not disagreeing with you but I'd like to point out that I don't think anyone actually believes a police officer's job is to prevent crime. I've always thought it was to enforce the law once it's been violated.

Regardless, we need police and I think everyone can agree that a majority are good people doing a somewhat thankless job.

By the way, I know what is in my job title, just thought I would point it out

[Byte Stryke]

Additional Ways
5. Plain View - If you have something illegal like a pot pipe in plain view, the officer can seize it. Pretty simple.

Ahem... "Controlled"

depending on how you see the conflict of federal vs state laws

I personally don't indulge due to National Security regulations. but I thought I would point that out.


As for the whole Bad cop vs Good cop, I guess I am a bit Jaded.
Ive had a weapon taken from me by a cop in Ky and planted at a bad shoot. There was a record of the interaction with him and I did file for return of property immediately afterward which was well before the drop... So it was pretty stupid on his part Dirty none the less.. and I Still lost my weapon and 2 weeks work (court).
I also had to testify when a DPD made an illegal U-turn (Evans/Broadway) into the side of this poor woman's vehicle (No Emerg lights) Injuring her and her Baby. He then Turned ON his lights(after the Impact), got out and proceeded to make her life hell at the end of a baton.

So, I understand that there are a ton of good cops out there doing their job in the most respectful and professional manner possible.
I also understand the Growing levels of distrust within the citizenry of this country when we see 74 year old Man with a cardiac Condition (known) in Cuffs lying on the floor being Tasered as punishment, or 12 year old little Girl getting her head blown up by a cop with a taser on the national news.



To the good cops, Thank you and start cleaning house!