Absolutely wrong. You are not required to inform if they ask. If they ask you have a few options:
1) Tell them what they want to know (Good luck)
2) Refuse to answer (This is where the good ol' 5th amendment comes into play)
3) Simply reply: I have nothing illegal.
4) Lie. I do not believe this is illegal but I do not recommend this either. It should, if I understand the law correctly, only be illegal if the lie pertains to what violation they are investigating.
So: Yes you should not lie but you are NOT required to answer.
The only question you really have to answer if confronted by the cops for a violation are the questions to determine who you are. If you have a government issued license you can use that to answer all them and never open your mouth (except maybe to breath). Never volunteer information if you don't have to.
gosh... I must have gone to the wrong law school.... The emphasis I put on this was the DUTY to inform, not whether you had other options... Refusing to answer, or being an asshat is well within your rights, but you better be able to explain AND document why you are doing so. Pushing back, usually gets responded with a push back from the other side (newton's third law of legal physics... . )
its kind of like the whole "am I being detained" discussion. If he goes back to the car and reads a magazine for twenty minutes while you sit in your car stewing in your juices, while he is "waiting for the check of registration to come back" it's your time to sit. Too bad....
Perhaps i I have been an arbitrator for too long as what I usually see is when one side sets their heels, the other becomes equally obstinate... And it doesn't end well for either. Yes by all means know and protect your rights, but if you are looking to pick a fight with an "ignorant cop". Over your constitutional rights, You will likely get one, even if passive aggressively.
lastly (To Sparks...) There are VERY few Absolutes in life and this is especially true in regard to the law. Rarely is someone "absolutely wrong" .... American Law is still an ongoing evolving process, and often subject to interpretation and circumstances...
(Example of Barnes decision and the 4th Amendment last year and the resulting subsequent legislation, immediately comes to mind...)
Just so we are clear, if during a normal traffic violation stop (which was not the case in the OP), you are stating that if asked if about a firearm, you are required by law to answer truthfully?
Does that response actually work? It's not like cops are dumb and can't figure out what you mean.IANAL, but my understanding is that you do not HAVE to answer at all, but if you do, it needs to be truthfully. Some choose to answer the question with vagueness such as "I have nothing illegal in the car".
Just so we are clear, if during a normal traffic violation stop (which was not the case in the OP), you are stating that if asked if about a firearm, you are required by law to answer truthfully?
Does that response actually work? It's not like cops are dumb and can't figure out what you mean.
I mean that saying, "I have nothing illegal," will likely just inspire more questions until you tell the truth. What's the point?What do you mean?
I saw what you did there.What do you mean?
lastly (To Sparks...) There are VERY few Absolutes in life and this is especially true in regard to the law. Rarely is someone "absolutely wrong" .... American Law is still an ongoing evolving process, and often subject to interpretation and circumstances...
(Example of Barnes decision and the 4th Amendment last year and the resulting subsequent legislation, immediately comes to mind...)
Does that response actually work? It's not like cops are dumb and can't figure out what you mean.
I mean that saying, "I have nothing illegal," will likely just inspire more questions until you tell the truth. What's the point?
If you have no duty to inform in the first place then how can it be illegal to lie about having a legally possessed firearm if it is not pertinent to the alleged infraction/ordinance violation you were pulled over for?
Does that response actually work? It's not like cops are dumb and can't figure out what you mean.
No idea. I've never been asked if I had a firearm in the car. If I was asked, I'd just answer the question. I guess I'm just not one to search out confrontations for the sole reason of posting them on INGO.
To me I would inform the officer that I am exercising my 5th adm. right and not answering. I would not be doing so to "search out [a] confrontation". I would be doing so to protect myself by not providing more information to an officer than I am required to that could land me a charge from something I am unaware of.
Your approach to that situation, chezuki, is why many people land in jail. Would you also submit to a search just to avoid a confrontation if the officer thinks you have something else in the car? Same principle, and just as dangerous to your freedom.
Many people today will submit to their cars being searched just to please an officer and avoid a possible confrontation. Many of them will spend the night regretting that choice inside their cold jail cell. Others will be doing the same because they told an officer they had a gun when they did not have to (again, thinking they were all good legally).
Google how many felonies the average person commits without knowing it. Then I hope you reconsider and realize that you should take every step, no matter how small, in protecting yourself during an encounter with police. Even if that little thing is as simple as not answering if you have a gun or not on you.
If you have time to waste why not let them search? It's not forfeiting a right if you consent. My friend did this and said it was very entertaining to watch the cop get frustrated when he finds nothing.
That is exactly what forfeiting a right is.If you have time to waste why not let them search? It's not forfeiting a right if you consent. My friend did this and said it was very entertaining to watch the cop get frustrated when he finds nothing.
I find being a law abiding citizen with nothing to hide is pretty effective in keeping me out of jail. YMMV.