I, too, came up empty handed for a definitive answer. The best I could muster was a minimum requirement for an officer to have suspicion.
If this were to happen in the future, in the same context, I have come up with a few scenarios, within the law, that would better suit my needs.
I agree. If Iâm not the suspect or even suspiciousâŠwhy take my CCW
I get that, really do. I wonât assume that I would draw on someone running by, but only if I felt my life was at stake.
I would rather have the option of defending my life if I needed to, rather than relenquish all possibilities of surviving in order to satisfy the desire for control.
As far as knowing the laws and changing them, easier said than done, but I will continue the quest.
Yes, I did what I didnât feel was right, then again, theyâre not exactly prone to that type of discussion in the middle of conducting business. I will, indeed have a chat with the local P.D. when I feel I have enough to defend my reasoning (sad but true).
That is quite an irking dilemma. Then again, your daughter did call for the cavalry, and they got there in 15 minutes, I donât know if thatâs relatively good or bad for your area, but itâs useful information.
Tough for the police, too. Ideally, the officer could have responded something like, âI understand, sir, but to secure the property, we are required to gain control of all known weapons present first, or call for additional support. Alternatively, since it appears relatively safe now, we can simply leave after completing some brief paperwork. Which do you prefer?â
MikeBKY. That is such BS, yet sadly, I know itâs true.
Whatâs the problem, officer?
âSir, I pulled you over because you were driving. You donât even have to admit it. I witnessed you driving. Iâm going to need your license and registration.â
Why? Driving isnât a crime. Was I speeding or something?"
âYouâre right, but driving without a driverâs license and proof of insurance is illegal, You could be engaged in illegal activity, and itâs my job to check that out.â
What? Thatâs,âŠso⊠that makes no sense. OK, I donât have time to argue, here you go. License ⊠and registration. Again, I havenât done anything wrong.
âWeâll see about that. Remain in the vehicle, until I get back. Should only be a few minutes.â
2 minutes later, a towtruck shows up.
Officer! Whatâs this?
âWeâre impounding the vehicle until your license clears.â
What? No, thatâs silly. How did that truck even get here so fast? What did you call for it before even pulling me over? Iâm not getting towedâŠ
âDown on the ground, NOW! Hands behind your back! Click. Clack. Didnât I tell you to remain in the vehicle?!! You idiot, trying to get shot? Count yourself, lucky, bigtime. Now, watch your head.â
Iâm wondering if the officer came into your house, would he ask if you had any firearms in your house? Would he ask to secure all your weapons for âhis safetyâ? Total BS!! Some guys (officers) think that they should be the only ones allowed to carry.
I wonder what he would have done if you told him that you would secure your own weapon in your own house on your own property⊠for âhis safetyâ.
Fourth Amendment
Fourth Amendment Annotated
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Sir do you have any weapons on you?
No, officer.
Am I missing something?
Just remember:
âLying to a Police Officer who is conducting an investigation of a crime scene or potential crime scene is a criminal act for which the law provides a criminal punishmentâ
I think this applies to suspected criminals under investigation. The man wasnt.
I think it applies to any person who gives statement to Police officer. Perpetrator, victim, witness⊠anyone.
I know this is sarcastic. Buttt. This is how driving commercial vehicles is. Not as bad now days but they didnât need any reason to pull you over and inspect you and vehicle. No reason at all. But now they just need a made up something as a reason to pull you over. This is real life all day everyday ⊠its not quite as bad as you scenario but not to far off.
I would have just lied.
Secure all the firearms in the home? Probably for most of us, he wouldnât have the number of hands nor the time needed to secure all the arms in our homes.
Some legal clarification is needed here (seems like having to do with the 4th or 5th amendments):
- is it a crime to lie to the police officer, if you are not the target of investigation?
- what if police asks you a question, and in response you ask them to leave?
Without knowing your state laws, just assume itâs unlawful to give an investigating officer false information. Even if you arenât the person under investigation, providing bad info can derail an investigation and lead to innocent people being detained or suspects walking free.
On your own property, you may ask an officer to leave at any time, unless they have a warrant. Also remember that once you give an officer permission to enter your home, anything in plain sight is fair game. Itâs not so clear if a crime scene is on your property, because they have a duty to preserve, document, and investigate the scene. The OP was in a grey area. The police were invited on the property by way of the call. It would not be considered a crime scene because there was no crime yet determined.
What is the best course of action, not to be disarmed and put into risky position, while the cops are roaming away? Admit you are armed, but disinvite the police from the property when they ask to detain your weapon?
your unarmed, with a possible armed intruder?? You surrendered your safety.
donât say yes, donât say no. Walk into your home, lock the door.
Until I find a more definitive answer regarding this particular issue (I believe I already have one, being my rights were trampled) I have considered alternate actions.
Though, Arkansas is currently going through proposals for 2A rights and the implications, on face value, seem to be geared toward my situation: Second Amendment sanctuary bills are being proposed that would require and warrant for ALL searches and seizures conducted by police officers. This would take away the officers ability to interpret 2A law and keep situations like mine from happening. There are caveats, however, regarding their ability to search and seize during hot pursuits and other issues, but it does sound like interesting legislation.