I've read several accounts of cops disarming citizens during a traffic stop in Indiana. Can someone quote anywhere in IC or any court interpretation where this is legal?
If not what consequences would I suffer if I respectfully decline to do so?
... what consequences would I suffer if I respectfully decline to do so?
I would highly recommend that you not do this. This would certainly ruin
your day if not potentially your life.
Why?
I'm not convinced that the majority of law enforcement officers are going to bequick to disarm level-headed citizens.
Are you playing devil's advocate or do you really need an answer?
There SHOULD not be, but there possibly WOULD be. And if there were, they probably would not be that pleasant for the 'suspect'.Nope. Dead serious. Why should there be consequences for respectfully declining?
Ben and I got pulled over and the cop actually made Ben get out and then the cop frisked him. He also disarmed him. I think Ben wrote about it in another thread. Ben didn't decline the search but Ben did make a lot of phone calls afterwards.
I myself want to know. If a law is vague or wrong, one place to start is AT
the enforcement of said law. But are you (-all) telling us that there is no
safe, civil way to balk at enforcement of that possibly illegal law? Again, "WHY?"
Nope. Dead serious. Why should there be consequences for respectfully declining?
Because of society's view of cops and the job they do. Because the courts would be your only friend in this matter and they don't take kindly to people disobeying an order that doesn't present imminent danger in its eyes. Because cops and prosecutors are trained to exploit the thousands of ridiculous laws that you haven't even heard of to use against you at their leisure. At any point in time you are probably breaking some law or they can just make one up like "disturbing the peace". That one gets used a lot in these scenarios
How can they "make one up"? Has there been a case where an officer has made up a law and arrested an individual based on the law he/she just made up?