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10-07-2012, 09:46
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#1
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Senior Member
Join Date: Jul 2012
Location: So. Louisiana
Posts: 374
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Florida AG Says Carrying a Gun is Always Presumably a Crime
ever since the Martin shooting in Florida... cops will be trying to deter anyone from carrying.. nuf said
Moderator Note: I moved this discussion to its own thread so as not to derail Arrested, prosecuted for incidental exposure.
Lets center it around the FL AG's opinion. Link to commentary on that is in Posts #5 and #8.
Last edited by RussP; 10-08-2012 at 07:38..
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10-07-2012, 11:34
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#2
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Senior Member
Join Date: Apr 2006
Location: South Louisiana
Posts: 479
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Louisiana law keys on carrying "in a manner to alarm the public".
Even if one thinks this is a poor legal description, it is a good guide line to use when selecting one's own mode of carry.
This definition would protect (though not perfectly) me from being picked up due to a printing noticeable only by a trained eye. It would also give some protection to Safepacker and fanny pack rigs.
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10-07-2012, 15:49
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#3
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Senior Moment
Join Date: Sep 2004
Location: Gator Nation
Posts: 5,575
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Quote:
Originally Posted by cajun_chooter
ever since the Martin shooting in Florida... cops will be trying to deter anyone from carrying.. nuf said
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Funny thing is...up to this point, the police are the only ones who got that one right.
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Director,
Florida Carry, Inc.
Detached reflection cannot be demanded in the presence of an uplifted knife.
-Justice Oliver Wendel Holmes Brown v. United States, 1921
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10-07-2012, 21:44
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#4
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Senior Member
Join Date: Jan 2006
Location: Clark County, NV
Posts: 928
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Quote:
Originally Posted by cajun_chooter
ever since the Martin shooting in Florida... cops will be trying to deter anyone from carrying.. nuf said
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How much you wanna bet TM would be alive today if Z had been openly carrying?
__________________
Owner: Blue & Gold Firearms Training
NV, UT, & NRA Private Concierge Instruction
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10-07-2012, 22:01
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#5
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Member
Join Date: Dec 2005
Location: Port Orange, FL
Posts: 18
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Quote:
Originally Posted by MAC702
How much you wanna bet TM would be alive today if Z had been openly carrying?
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Interesting that you live in Clark County NV. and say this. TM might be alive but Z may have been shot like Erik Scott was in Clark County if our Attorney General's Office wins another important case that is now before the FL Supreme Court.
Mackey v. State
Jeff Knox lays is out at:
http://www.allnineyards.com/2012/10/.../#comment-1007
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10-07-2012, 23:18
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#6
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Senior Member
Join Date: Jan 2006
Location: Clark County, NV
Posts: 928
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Quote:
Originally Posted by StogieC
... shot like Erik Scott was in Clark County...
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Erik Scott was carrying concealed and got made. This is extremely different than openly carrying.
I am by no means excusing his murder caused by Costco management and the police.
__________________
Owner: Blue & Gold Firearms Training
NV, UT, & NRA Private Concierge Instruction
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10-08-2012, 07:11
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#7
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Senior Member
Join Date: Jan 2010
Location: S FL
Posts: 13,113
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Quote:
Originally Posted by cajun_chooter
ever since the Martin shooting in Florida... cops will be trying to deter anyone from carrying.. nuf said
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Really? Where have officers gone on record saying no one should carry? I keep reading things like this on the internet and yet, oddly, I never seem to hear anything like it in real life.
__________________
Bruce
I never talked to anyone who had to fire their gun who said "I wished I had the smaller gun and fewer rounds with me" Just because you find a hundred people who agree with you on the internet does not mean you're right.
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10-08-2012, 07:27
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#8
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Moderator
Join Date: Jan 2003
Location: Central Virginia
Posts: 38,830
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Florida AG Says Carrying a Gun is Always Presumably a Crime
__________________
Freedom has a taste to those who fight and almost die, that the protected will never know.
Kind of like on the internet forums - People continually flip someone off who they know is obligated to not break the rules in response. Yeah, usually that type of stupidity eventually yields the rewards that are earned.
And then there are those trying so hard to be offended that they're imagining things that haven't even been said in a thread.
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10-08-2012, 07:46
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#9
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Senior Member
Join Date: Jan 2010
Location: S FL
Posts: 13,113
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The arrest in question involved a guy with previous arrests (convicted felon) leaning on a fence with grip of the gun sticking out of his pocket (pocket carry - another thread) in a drug hole. I am uncertain what the AG's position is, although admittedly it seems messed up based on the title. But the incident in question sounds like solid Constitutional police work to me.
__________________
Bruce
I never talked to anyone who had to fire their gun who said "I wished I had the smaller gun and fewer rounds with me" Just because you find a hundred people who agree with you on the internet does not mean you're right.
Last edited by Bruce M; 10-08-2012 at 07:47..
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10-08-2012, 07:49
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#10
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Senior Member
Join Date: Jan 2010
Location: S FL
Posts: 13,113
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Quote:
Originally Posted by MAC702
Erik Scott was carrying concealed and got made. This is extremely different than openly carrying.
I am by no means excusing his murder caused by Costco management and the police.
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If we are going to assign blame as to his death, let's not forget that Mr. Scott had a high level of morphine in his system and reached for his gun when he was stopped by the police. I wonder how many other people LVMPD contacted that day and other days that do not reach for guns while they are high on morphine do not get shot.
__________________
Bruce
I never talked to anyone who had to fire their gun who said "I wished I had the smaller gun and fewer rounds with me" Just because you find a hundred people who agree with you on the internet does not mean you're right.
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10-08-2012, 07:51
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#11
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Raven
Join Date: Feb 2010
Location: Tampa, Fl.
Posts: 6,678
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Strange, any time I've told a cop I was carrying when it came up in conversation they didn't even bat an eye.
Whats that phrase again...tot...totall....totally...circumstances? Pam Bondi is an idiot. Pam Bondi is also not a police officer and our police officers (as long as you stay away from the Southeastern seaboard and out of St Petersburg/Clearwater) are not generally idiots.
Last edited by John Rambo; 10-08-2012 at 07:52..
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10-08-2012, 08:30
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#12
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Senior Member
Join Date: Jan 2010
Location: Florida
Posts: 2,413
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Depends heavily on your location within Florida. I've had traffic stops where the officer didn't even ask me if I had a weapon. And then I know people that have been dragged out of the car & cuffed for LEGALLY carrying concealed while they were in a bad area or late at night.
No duty to inform in FL so I shut my mouth.
Last edited by fuzzy03cls; 10-08-2012 at 08:31..
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10-08-2012, 08:47
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#13
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Lifetime Membership
A Nice Prick
Join Date: Jan 2009
Location: Southwest Missouri
Posts: 5,693
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Maybe we should assume 95% politicians are cheats and they should be arrested/investigated to prove they are not.
The AG is stretching and reaching for anything to develop reasonable suspicion.
Sounds like a bureaucratic government leach....trying to get more power for the gubbermit!
red
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TopGun *357sig* Club - #2632
R.I.P. Cajunator®
R.I.P. Mullah (aka El Ron)
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10-08-2012, 09:22
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#14
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Lifetime Membership
Unfair Facist
Join Date: Apr 2005
Posts: 23,296
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One thing to bear in mind about whatever the Florida AG has to say.
The FLorida AG has opinions and that is all. unlike many other states the Fl AG has no authority whatsoever over Fl LE agencies and cannot dictate policies for LE.
The Ag's role in Fl is strictly advisory with no legal weight behind the advisory.
__________________
“Right is still right, even if nobody is doing it. And wrong is still wrong, even if everybody is doing it.”—Texas Ranger saying.
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10-08-2012, 09:27
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#15
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Senior Member
Join Date: Sep 2009
Location: U.S.A.
Posts: 13,463
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The guy is an idiot. He can say the world is flat too. Doesn't change reality.
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10-08-2012, 09:28
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#16
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Senior Member
Join Date: Jul 2010
Location: Florida
Posts: 132
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The FL CCW permit is legal authorization granted to the permit holder by the State of Florida to carry a concealed weapon in the manner proscribed by FL law.
If the CCW holder is doing that in accordance with the law, then politely answering an officer's questions and producing the permit should end the matter. It's up to the permit holder to obey the laws under which the permit was issued, and not be a complete flaming jerk should an officer see what they view as a suspicious bulge under the permit holder's clothing and decide to investigate.
An officer who does choose to investigate a 'suspicious bulge' is understandably concerned about a possible crime, and about their personal safety. A little common sense and common courtesy on the CCW's part can defuse just about any such situation.
Becoming antagonistic and loudly arguing your 2nd Ammendment rights while an officer is trying to decide if he is dealing with an armed felon is rather stupid.
The Bondi opinion may presume a felony, but my CCW permit clearly states otherwise to any officer I am contacted by, once I politely show him my permit. That is the point you want to get to quickly, and without drama, in any officer initiated contact.
__________________
Arguing with a fool is like rolling around in the mud with a pig. You both get dirty, but the pig enjoys it.
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10-08-2012, 13:30
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#17
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Senior Member
Join Date: Jul 2009
Posts: 1,909
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When anyone in the justice system who gets the "everyone is a criminal" mentality; they have either been on the job too long or are mentally defective and need to be let go.
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10-08-2012, 15:54
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#18
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Senior Member
Join Date: Jan 2006
Location: Clark County, NV
Posts: 928
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Quote:
Originally Posted by Bruce M
...Mr. Scott ... reached for his gun when he was stopped by the police.....
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It is not my intention to hijack this thread, but if you are going to bring this up, then clarification is in order.
Mr Scott did not have a gun in his hand. One of the police officers yelled at him to drop his gun. It's awfully hard to drop it until you reach for it.
Mistakes were made on all sides. The shoot was a bad one.
__________________
Owner: Blue & Gold Firearms Training
NV, UT, & NRA Private Concierge Instruction
Last edited by MAC702; 10-08-2012 at 15:55..
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10-08-2012, 15:57
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#19
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Platinum Membership
NRA
Join Date: Apr 2006
Location: minnesota
Posts: 13,082
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Quote:
Originally Posted by RussP
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Basic tenet in our country: Presumed guilty until proven otherwise.
What an *****.
__________________
janice6
"Peace is that brief, glorious moment in history when everybody stands around reloading". Anonymous
Earp: Not everyone who knows you hates you.
DOC: I know it ain't always easy bein' my friend....but I'll BE THERE when you need me.
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10-08-2012, 17:54
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#20
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Senior Member
Join Date: Jan 2010
Location: S FL
Posts: 13,113
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Quote:
Originally Posted by MAC702
It is not my intention to hijack this thread, but if you are going to bring this up, then clarification is in order.
Mr Scott did not have a gun in his hand. One of the police officers yelled at him to drop his gun. It's awfully hard to drop it until you reach for it.
Mistakes were made on all sides. The shoot was a bad one.
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Out of curiosity was there an investigation? An inquest?
__________________
Bruce
I never talked to anyone who had to fire their gun who said "I wished I had the smaller gun and fewer rounds with me" Just because you find a hundred people who agree with you on the internet does not mean you're right.
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10-08-2012, 18:12
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#21
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Senior Member
Join Date: Mar 2008
Location: South FL
Posts: 1,040
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Quote:
Originally Posted by Chris Chris
The FL CCW permit is legal authorization granted to the permit holder by the State of Florida to carry a concealed weapon in the manner proscribed by FL law.
If the CCW holder is doing that in accordance with the law, then politely answering an officer's questions and producing the permit should end the matter. It's up to the permit holder to obey the laws under which the permit was issued, and not be a complete flaming jerk should an officer see what they view as a suspicious bulge under the permit holder's clothing and decide to investigate.
An officer who does choose to investigate a 'suspicious bulge' is understandably concerned about a possible crime, and about their personal safety. A little common sense and common courtesy on the CCW's part can defuse just about any such situation.
Becoming antagonistic and loudly arguing your 2nd Ammendment rights while an officer is trying to decide if he is dealing with an armed felon is rather stupid.
The Bondi opinion may presume a felony, but my CCW permit clearly states otherwise to any officer I am contacted by, once I politely show him my permit. That is the point you want to get to quickly, and without drama, in any officer initiated contact.
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This. Word for word. I have never understood the people that antagonize an officer during a stop. Being cooperative beats being an argumentative ass every time, even if the officer is not showing you the same courtesy. If you get an officer that is being a jerk, take it up with his superiors at a later time. The side of the road is NEVER the place to argue or be a Constitution Commando.
I have been asked by an officer to search my vehicle on one occasion. I did not ask why as it really didn't matter to me. I had nothing to hide, so I said absolutely. He asked me to exit the vehicle and retreived the german shepherd from his car. He opened all the doors and the trunk and allowed the dog to sniff around the inside of the car. It literally took about 2 minutes and that was the end of that. The officer thanked me for my cooperation and didn't even write me the speeding ticket I deserved. Had I been a jerk about it and blabbered about my constitutional rights, I am sure things would have gone south in a hurry. I don't get why some people don't understand that.
Last edited by Roger1079; 10-08-2012 at 18:14..
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10-08-2012, 18:48
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#22
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Senior Member
Join Date: Sep 1999
Location: Hartford, Vermont
Posts: 13,236
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I carry a G17 up here in VT everyday. I am not a felon!
__________________
Gun Ownership Offers Freedom in Many Dimensions
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10-08-2012, 18:53
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#23
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NRA Life Member
Join Date: Jan 2005
Location: New Jersey...sucks
Posts: 29,373
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Quote:
Originally Posted by RussP
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Allow me to predict that isn't going to work out for them in the future.
__________________
I deserve to lose a gunfight if I ever take gunfighting advice from James Yeager.
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10-08-2012, 19:21
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#24
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Senior Member
Join Date: Sep 1999
Location: Hartford, Vermont
Posts: 13,236
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Quote:
Originally Posted by Bren
Allow me to predict that isn't going to work out for them in the future.
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You're probably correct!
__________________
Gun Ownership Offers Freedom in Many Dimensions
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10-08-2012, 19:53
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#25
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Senior Member
Join Date: May 2012
Location: South Florida, USA
Posts: 213
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Quote:
Originally Posted by Roger1079
This. Word for word. I have never understood the people that antagonize an officer during a stop. Being cooperative beats being an argumentative ass every time, even if the officer is not showing you the same courtesy. If you get an officer that is being a jerk, take it up with his superiors at a later time. The side of the road is NEVER the place to argue or be a Constitution Commando.
I have been asked by an officer to search my vehicle on one occasion. I did not ask why as it really didn't matter to me. I had nothing to hide, so I said absolutely. He asked me to exit the vehicle and retreived the german shepherd from his car. He opened all the doors and the trunk and allowed the dog to sniff around the inside of the car. It literally took about 2 minutes and that was the end of that. The officer thanked me for my cooperation and didn't even write me the speeding ticket I deserved. Had I been a jerk about it and blabbered about my constitutional rights, I am sure things would have gone south in a hurry. I don't get why some people don't understand that.
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^^ And this too. ^^
Yes sir, no sir.
Assuming you're not being asked to take part in the receiving end of an impromptu body cavity search to be performed by a rhinoceros, complying with the officers' requests without attitude will up your chances of a non-issue tremendously.
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