Must notify law should be changed!

[Crosstimbers Okie]

Being detained is another word for being under arrest. So says the US Supreme Court. A traffic stop is another word for being under arrest. So says the US Supreme Court. If you are free to go, you are not under arrest. If you are not free to go you are under arrest until such a time as you are released from custody. If the jailer kicks you out of jail because there's no more room at the inn on Saturday night, you have been released from Custody. If a traffic cop issues you a warning for going 50 in a 45, and then says "you are free to go," you have been released from custody.

 

[twotonevert]

I have a few friends on the TPD, and I know a few troopers on the OHP. All are good guys and I have never had a bad encounter with a LEO. We stopped yesterdy at 193rd and the Creek, the OHP had a road block set up under the bridge, I had both of my licenses out and handed them to the trooper. We had some small talk and he told us to have a good day, he even urged my wife to get her CCW. If you are polite and respectful, most of the time they will be the same way with you. I am sorry some of you guys have not had very good luck.

 

[MLR]

I have a few friends on the TPD, and I know a few troopers on the OHP. All are good guys and I have never had a bad encounter with a LEO. We stopped yesterdy at 193rd and the Creek, the OHP had a road block set up under the bridge, I had both of my licenses out and handed them to the trooper. We had some small talk and he told us to have a good day, he even urged my wife to get her CCW. If you are polite and respectful, most of the time they will be the same way with you. I am sorry some of you guys have not had very good luck.

The law regarding your stop is perfectly clear in that you are required to notify. No problem there.
On the respect issue that is not a problem either. The issue I am addressing here is that the only part of the notification law is the part referring to detainment. The fact that a person can be detained without actually being aware of it.
I have not received an answer as to why it should not be clearly pointed out by the person in charge that you are being detained.

Those who say that there is no problem and that you only have to ask if you are being detained proves my point. If you know you're being detained there would be no need to ask the question.

Michael

 

[Michael Brown]

The trouble is with determining which is which, as both types wear the same badge.

Michael

The irony here is terribly ironical.

Michael Brown

 

[AKguy1985]

I usually try not to talk to them unless i have to.

 

[dennishoddy]

The irony here is terribly ironical.

Michael Brown

Ok, let Me know if I'm on track.
Got my first speeding ticket in years in Jan. In Texas county. gave the OHP both license as he walked up. Got my donation request for the governor. (guilty as charged) and we talked shooting as my USPSA card was stuck under the DL. I noticed in the comment section of the ticket, a two letter code?
Went on my way, and had a fender bender a couple of months later In Osage county. OHP pulled up. I had my CCW with me, but unloaded at the time, so according to the law, I don't have to declare.
He took my DL, and stood there looking at me. Finally saying, "do you need to tell me something else?"
I told him I had an unloaded CCW, and he walked away to the other vehicle.

So it's obvious that folks that have CCW are followed by law enforcement?

I don't care personally. They have all of my history any way.

 

[Fatboy Joe]

In the two instances that I have had with LEO, both of them I was a witness to an accident. I didn't inform the officer until they asked me my name, at that point I felt it became and official contact. You starting taking my name and contact information, I am letting you know. You tell me to stand back and you will take my statement I will just wait to tell you.

 

[twoguns?]

I dont know how some of you people are able to get through daily life being so paranoid. Why do you think just because a cop is talking to you we are out to "get you"? I guess maybe I should start not talking to people unless in an "official" capacity.

Not as far as you know.

Michael Brown
This would be a start....
.jk

 

[okiebryan]

In the two instances that I have had with LEO, both of them I was a witness to an accident. I didn't inform the officer until they asked me my name, at that point I felt it became and official contact. You starting taking my name and contact information, I am letting you know. You tell me to stand back and you will take my statement I will just wait to tell you.

IANAL, but I am of the opinion that notification was not strictly required in this case. You were not detained. Your witness status was 100% voluntary, and there would be no sanction if you had chosen at any time to simply walk away. You certainly weren't arrested, and you were not the subject of a traffic stop.

Having said that, I certainly have no problem with your choice to notify. Personally, I probably wouldn't have... but in the course of my job, I come in contact with police almost every day. I'm used to carrying concealed without telling them, and it would be sort of inappropriate to stop what I'm doing and interrupt what they are doing in order to notify.

I should clarify...Before I ever made the choice to apply for a carry permit, I asked several of the officers I see regularly if I would be required by law to notify them when I responded to an impound or an accident scene. They all told me no, that I was not the subject of their business. Several told me that they were surprised that I wasn't already carrying, because of what I do.