And then there's the demand to produce an LTC. ...
If you don't produce it,
the LEO is allowed to take your gun(*) down to the station, ...
And while I've
never seen it analyzed whether or not
invoking the statute's "misplaced LTC" process
can be used by your Chief to decide that you're unsuitable...
...in the PRM, the answer is obviously: "yes".
If the officer asks if you have a gun, and you say "in the glove box" is that an accusatory question (gun not under direct control) and thus excludable as evidence when trying the driver for the lack of direct control?
Wut? Where do I go to read about such a thing?
Because I sure couldn't find the concept.
If the officer asks you if you were driving 66 MPH,
and you say "yes" is that an accusatory question (speeding)
and thus excludable as evidence when trying the driver for the speeding?
The legal gymnastics surrounding all the MA police stuff about "asking to see an LTC" are pretty complicated.... So much so that I can never remember it all.
It couldn't be simpler:
Asks: Take the Fifth with confidence.
Demands: Cough up that LTC like a hairball.
I remember one LEO telling me that
he couldn't just walk up to someone and ask if they had an LTC unless other tests were satisified, etc.
We've got 'em on the run, guys!
(With a little helpful "jurisprudence" from the SJC).
The police never need probable cause to ask you a question.
The only time they can ask you a question and they might not be able to use your answer against you is after you say something like. “I choose to remain silent. I want a lawyer.” And I wouldn’t count on that.
I've seen at least one video on "How do you remain silent? By remaining silent".
ETA: Immediately after saying "I'm invoking my right to remain silent".
It's considered naughty when cops keep asking questions.
(But perhaps mainly if they get answers that are used to incriminate the detainee).
But the practical risk solidly endangers the detainee who continues to run their mouth,
because it may be considered "initiated conversation" that revokes the invoked right.
I’ve since moved mine also. My drivers license sits in its own slot now. What is a “non-goal”?
The employment of engineering resources on tasks
which are not listed in the Component Software Development Plan.
The time
you spent one spent putting the LTC next to the DL
is energy wasted on something that doesn't advance The Project.
I was ... driving through Dorchester ... and I had a trooper pull me over for a no u-turn. ... Came back with a verbal warning and get the hell out of here...
That's because in Dot you need to come heavy.
He wanted you to leave town because he was busy that night,
and not realizing that you were already carrying,
was upset because he didn't have time to call around to
find you a loaner piece
(the normal courtesy shown to visitors).
On the other hand, I've been "felony-stopped" on my bike, put up against a patrol car ...
Well,
of course.
... and had my firearm removed from me while I was being searched. Cop handed me back my unloaded firearm.
Say, do pistols with electronic trigger locks allow someone to
work the slide without the RFID key?
I loaded it then and there before re-holstering it.
Definite bonus points for style.
He’s pointing out the bullshit that if you choose to do anything other than roll on your back and urinate all over yourself when a cop asks you a question that cop can then use your non-cooperativeness as proof that you have something to hide thereby justifying a deeper search.
Cops are adept at inventing pretexts for continued search whether or not you run your mouth.
But as body cams continue to roll out, a lot of the traditional
"we can make this easy or we can make this hard"
bombast may not fly anymore when replayed for a court.
No one has yet supped in our dining room, who recognized
the gorgeous red/green plastic 3D-printed
BCG ornament hanging from the chandelier
which
@cockpitbob (?) kindly gave me at one of the last Framingham NES GTGs.
I would assume a police office would need probable cause to ask this question. The same as entering your car by saying "do you mind if I look in here?" you can say yes or no.
other than an NRA sticker on the car or maybe that you have an LTC, there is no real reason to ask this question to any driver going down the road that is stopped.
What am I missing here, people?
When did any jurisdiction suddenly mandate that
any cop needs to jump through any legal hoops
to ask
any freaking question that pops into their head
during a traffic stop?
(Absent the development of evidence of a further crime,
they have to conduct their fishing expedition
during the period of time it would typically require
to complete a stop for the original offenses).
But as long as they are prepared to testilie that they had
free time to further question the driver
"because the computer was slow that day",
they can ask what you know about the disappearance
of Jimmy Hoffa or Judge Crater.
IANAL and I live in NH. ....so what do I know? I just read it on a legal rights site years ago. Don't ask me to cite it , i don't recall where i saw it now.
Your computer is lying to you.
Get rid of it.
Don't even sell it to an innocent person.
Just smash it.
I couldn't find the video but their was a case where an officer came up to the window of a vehicle. I believe but I'm not sure that it was in Ohio and the guy tried to tell the officer but the officer kept talking and wouldn't listen and then flipped out on the guy when he found out he was armed and if I remember correctly he said something like I should shoot you or could shoot you. Unfortunately not every situation is handled professionally.
But volunteering information he wasn't asked for
proved he was solicitous of the officer's feels!