Author Topic: Leo and the 4th and 5th  (Read 6544 times)

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Offline zancruse

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Leo and the 4th and 5th
« on: December 15, 2011, 08:38:42 PM »
As a newcomer to the open carry forums I can say that there is a ton of great info from these guys here.  After reading here and a lot of youtube videos I cant believe how leos can just trample on your rights like that.  What I'm trying to do is be prepared for any possible scenario.
 My question has to do refusing to give your name to a Leo.  I was reading about the OC guys in Wisconsin and how the cops ask five guys for id, two refused.  The two that chose to  remain silent were cuffed then searched to produce id (4th violation).  Would it be better to refuse to produce id then if pressured say: What will you do?  Will you arrest me if i don't show you id? In other words try to get him to say " I will arrest you."  Now it seems, since you have this recorded, his is intimidating you into giving up your 5th rights by threat.  Either way he has your id, but what rights violation would you rather have on him? 

Offline northofnowhere

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Re: Leo and the 4th and 5th
« Reply #1 on: December 17, 2011, 07:39:21 AM »
Michigan is not a stop and ID state.  Wisconsin is per my last 1 minute of google research into the subject.  Instead of a long drawn out response, I will simply link you the page I found to be rewarding in information as to why Wisconsin is a stop and ID state.  No promise on the cites or info being current.

http://answers.yahoo.com/question/index?qid=20110510054137AAwmEpN
Jason E. Reese aka northofnowher

Offline zancruse

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Re: Leo and the 4th and 5th
« Reply #2 on: December 20, 2011, 08:46:35 PM »
Jason, thanks for answering my posts even though they may seem strange.  My question wasn't so much about Wisconsin ID laws but showing ID in general.  Now, I'm not questioning anybody's decision when and when not to show ID.  I have never been in that situation and don't know Jack about it either.  I'm simply trying all angles before I OC.  I'm particularly interested in a scenario where you refuse to show ID period.  You are out in public, approached by a LEO, blah blah, and you refuse to show ID.  Now the way I see it, one of two things could happen.

1. Leo could just leave.
2. Leo could arrest you and take your ID.

Now it arrested, it seems like you could have a case.  The question is: does it need to go that far.  If you ask " are you going to arrest me if I dont show ID" and can get him to say yes, wouldn't that be just as good as if he actually arrested you.  I mean he is going to get your ID one way or another?

And lastly, would anyone pursue case if arrested or threatened with arrest in court?



Offline TheQ

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Re: Leo and the 4th and 5th
« Reply #3 on: December 20, 2011, 08:59:47 PM »
What if you're not carrying ID?  "Sterile Open Carry"
I Am Not A Lawyer (nor a gunsmith).

Offline ocdetroit

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Re: Leo and the 4th and 5th
« Reply #4 on: December 20, 2011, 11:34:36 PM »
 8) that would be a wide open subject carry on.
Open carry in Detroit
With both of them.