Michigan Open Carry, Inc.

Open Carry Specific => OC Questions => Topic started by: bigt8261 on August 15, 2011, 11:47:59 AM

Title: Question about what to do when stopped by LEO
Post by: bigt8261 on August 15, 2011, 11:47:59 AM
I have seen in many places (including a sticky above), that when stopped by an officer, you should ask the officer "Am I free to go?". What about asking "Am I being detained" instead?

I have read many descriptions of encounters and seen many videos where the person will ask "am I free to go" and the officer will not respond, thus not explicitly giving you the freedom to walk away, but also not explicitly detaining you.

To me, asking the officer "am I being detained" will force him/her to either let you go or actually detain you, because if the officer does not answer in the affirmative, then you would have no reason to believe you are not free to go. If the officer gives you no reason to believe you are being detained, then (I assume) you have every right to walk away.

Thoughts?
Title: Re: Question about what to do when stopped by LEO
Post by: ocdetroit on August 15, 2011, 03:50:24 PM
 Sir i think you can go back and read other members responds to you question. On here that is what we want you to say , am i being detained officer? Yes you are right. Some other members will respond soon. Be Safe out there and Carry One. 8)
Title: Question about what to do when stopped by LEO
Post by: TheQ on August 15, 2011, 04:36:51 PM
Venator once asked -- Am I being detained?

After being told "no" he walked away. One officer then grabbed him by the upper arm (physically battering him) and held him back. Guess that cop doesn't know what it means to not be detained?
Title: Re: Question about what to do when stopped by LEO
Post by: emt805 on August 15, 2011, 06:24:12 PM
This is always a good place to start
http://forums.michiganopencarry.org/index.php/topic,672.msg4532.html#msg4532

As well as tons of other helpful information here
http://forums.michiganopencarry.org/index.php/topic,576.msg3864.html#msg3864
Title: Re: Question about what to do when stopped by LEO
Post by: apfelsauce on September 26, 2011, 11:20:50 PM
I have a question about this. I don't have my cpl yet, but I plan on getting it.
http://michigan.gov/msp/1,1607,7-123-1591_3503_4654-10941--,00.html

I assume you must only show id and cpl when being 'detained'. But the only way to know is if you ask if you're being detained, but then they could argue that you did not "immediately" show id and disclose that you were carrying.

So the scenario would be you're shopping in a grocery store that sells alcohol, and an officer walks up to you and starts asking questions.
Title: Re: Question about what to do when stopped by LEO
Post by: rvd4now on September 27, 2011, 12:14:58 AM
I have a question about this. I don't have my cpl yet, but I plan on getting it.
http://michigan.gov/msp/1,1607,7-123-1591_3503_4654-10941--,00.html

I assume you must only show id and cpl when being 'detained'. But the only way to know is if you ask if you're being detained, but then they could argue that you did not "immediately" show id and disclose that you were carrying.

So the scenario would be you're shopping in a grocery store that sells alcohol, and an officer walks up to you and starts asking questions.

am i being detained.. you have to gage ever officer and every time is diffrent.

now the ag has stated that carrying a weapon is not gorund for you to be stop and detained.. "with that being said i some times got for a walk with out my id or cpl."
when im stop am they say im being detained, i kindly tell them to contact my lawyer and ask them any and everything they wanna know about me.

now if u dont have a cpl, i would not even open carry. or carry, its so many places you cant go that its not even worth it..
Title: Re: Question about what to do when stopped by LEO
Post by: CV67PAT on September 27, 2011, 01:16:59 AM
am i being detained.. you have to gage ever officer and every time is diffrent.

now the ag has stated that carrying a weapon is not gorund for you to be stop and detained.. "with that being said i some times got for a walk with out my id or cpl."
when im stop am they say im being detained, i kindly tell them to contact my lawyer and ask them any and everything they wanna know about me.

now if u dont have a cpl, i would not even open carry. or carry, its so many places you cant go that its not even worth it..

WHAT?!?!? You can't even put together a cohesive sentence. And you have the unmitigated audacity to tell someone not to arm himself because it is "not even worth it"?

You, with your college education, should refrain from posting  advice because it is obviously not worth it for you to post grammatically correct comments with proper punctuation.



Title: Re: Question about what to do when stopped by LEO
Post by: Christian Patriot on September 27, 2011, 07:06:26 AM
rvd4, You can carry almost any place without a CPL. At your place of residents, down any sidewalk, into any store that does not sell alcohol, into any public and state building or office with the exception of courthouses and Federal building. So, carry on my friends
Daniel
Title: Re: Question about what to do when stopped by LEO
Post by: METL on September 27, 2011, 08:55:12 AM
rvd4, You can carry almost any place without a CPL. At your place of residents, down any sidewalk, into any store that does not sell alcohol, into any public and state building or office with the exception of courthouses and Federal building. So, carry on my friends
Daniel


+1

I OCd -a lot- before I got my CPL.... sure it's a bit of a pain at times....  but I did it...    You just have to mind your Ps and Qs and ALWAYS have a recorder.  Just in case.
Title: Re: Question about what to do when stopped by LEO
Post by: rvd4now on September 28, 2011, 05:52:03 PM
rvd4, You can carry almost any place without a CPL. At your place of residents, down any sidewalk, into any store that does not sell alcohol, into any public and state building or office with the exception of courthouses and Federal building. So, carry on my friends
Daniel


+1

I OCd -a lot- before I got my CPL.... sure it's a bit of a pain at times....  but I did it...    You just have to mind your Ps and Qs and ALWAYS have a recorder.  Just in case.

yes u can its just so much easyer for u when u  have ur cpl...
Title: Re: Question about what to do when stopped by LEO
Post by: rvd4now on September 28, 2011, 05:53:06 PM
well thank you for the bashing i hope that made you feel very big...

am i being detained.. you have to gage ever officer and every time is diffrent.

now the ag has stated that carrying a weapon is not gorund for you to be stop and detained.. "with that being said i some times got for a walk with out my id or cpl."
when im stop am they say im being detained, i kindly tell them to contact my lawyer and ask them any and everything they wanna know about me.

now if u dont have a cpl, i would not even open carry. or carry, its so many places you cant go that its not even worth it..

WHAT?!?!? You can't even put together a cohesive sentence. And you have the unmitigated audacity to tell someone not to arm himself because it is "not even worth it"?

You, with your college education, should refrain from posting  advice because it is obviously not worth it for you to post grammatically correct comments with proper punctuation.
Title: Re: Question about what to do when stopped by LEO
Post by: apfelsauce on September 28, 2011, 06:25:47 PM
Okay, so the fines in the link I posted only apply to when you are 'detained' ?
Title: Re: Question about what to do when stopped by LEO
Post by: northofnowhere on September 29, 2011, 10:04:13 AM
Okay, so the fines in the link I posted only apply to when you are 'detained' ?
To directly answer that question.....  Those fines are clearly stated that they apply whenever you are (1) "stopped" by a LEO, AND (2) when you are carrying concealed.  It does not apply to open carry, as there is no duty to disclouse that you are open carrying, only concealed.  Being stopped in my inds eye is anytime an officer approaces you to question you about something, wether it be on foot or for a traffic stop.  If you are carrying, and think the officer may feel he has stopped you, be safe and disclose.  If you are openly carrying, you do not need to.