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Concealed Carry Rights conundrum!
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<blockquote data-quote="henschman" data-source="post: 1709389" data-attributes="member: 4235"><p>The law requires you to notify "when the person first comes into contact with any law enforcement officer [...] during the course of any arrest, detainment, or routine traffic stop." So you're right... I misquoted the law when I said you have to notify upon "any contact." But you do have to be careful, because "detainment" could include <em>Terry</em> stops, which happens any time a cop stops someone to investigate whether a crime is taking place. If the guy in this thread actually was a cop, he was attempting to conduct a <em>Terry</em> stop by trying to keep the guy there and ask him questions about whether he has a gun. Whether it would have been a legally justified stop based on reasonable suspicion is definitely debatable, but it would still constitute a <em>Terry</em> Stop (which the Supreme Court characterizes as a temporary detention, and seizure of the person for the limited purpose of investigating whether illegal activity is afoot).</p><p></p><p>So if you know you're actually dealing with a real cop, and want to follow this law, you should notify any time a cop stops you to ask you questions, because it could be legally construed as a "detainment" under the SDA. </p><p></p><p>Obviously this case is different, because the person did not know that this was a cop. </p><p></p><p>And no doubt a battery took place.</p></blockquote><p></p>
[QUOTE="henschman, post: 1709389, member: 4235"] The law requires you to notify "when the person first comes into contact with any law enforcement officer [...] during the course of any arrest, detainment, or routine traffic stop." So you're right... I misquoted the law when I said you have to notify upon "any contact." But you do have to be careful, because "detainment" could include [I]Terry[/I] stops, which happens any time a cop stops someone to investigate whether a crime is taking place. If the guy in this thread actually was a cop, he was attempting to conduct a [I]Terry[/I] stop by trying to keep the guy there and ask him questions about whether he has a gun. Whether it would have been a legally justified stop based on reasonable suspicion is definitely debatable, but it would still constitute a [I]Terry[/I] Stop (which the Supreme Court characterizes as a temporary detention, and seizure of the person for the limited purpose of investigating whether illegal activity is afoot). So if you know you're actually dealing with a real cop, and want to follow this law, you should notify any time a cop stops you to ask you questions, because it could be legally construed as a "detainment" under the SDA. Obviously this case is different, because the person did not know that this was a cop. And no doubt a battery took place. [/QUOTE]
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