Officers just disarmed me in Subway, lectured and took my DL.

[Titanium_Frost]

IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.

Cops can write all the tickets in the world but if they weren't there and have no evidence it WILL be thrown out in court.

Source: I got three infractions dropped last year and the judge apologized for the cops wasting my time.

 

[MikeDVB]

If you were smart enough

Whoa... Now we're starting off by insulting the intelligence of somebody who disagrees with you rather than debating the facts? Way to take the high ground and kudos to you.

to go back and read the thread

I read it.

the OP ADMITTED to the police that he drove there, they don't have to witness it especially if it's an infraction....good grief you people just don't get it. Educate yourselves.

So they filled out and signed an affidavit stating as such? They were under oath?

Wait, they could have been doing what the police do quite often which is lying? Well, why would they lie about that... Doesn't matter - just because they said it doesn't make it the truth.

I think you'll find any decent attorney would get such a ticket dropped/dismissed fairly easily.

Anyhow, you guys can bicker amongst yourselves. I don't need to be insulted for merely making a response.

 

[TheReaper]

Cops can write all the tickets in the world but if they weren't there and have no evidence it WILL be thrown out in court.

Source: I got three infractions dropped last year and the judge apologized for the cops wasting my time.

Suuuuure

 

[ArcadiaGP]

I'm pretty sure the cops were very aware that they couldn't cite me unless they saw me get in my car and leave. Even though I was being honest with them, and told them I drove there. Maybe they had a slight bit of sympathy for the BMV error. I don't know.

They told me what would happen if I drove OUT of there, so I didn't.

 

[Titanium_Frost]

Suuuuure

Nice rebuttal, oh wait... You don't DO those. You make snarky comments on the internet about people you don't know, gosh I hope I can be as cool as you one day.

 

[TheReaper]

Nice rebuttal, oh wait... You don't DO those. You make snarky comments on the internet about people you don't know, gosh I hope I can be as cool as you one day.

Well, maybe someday you will be.

 

[Ted]

I agree that there is little harm while verifying one is issued a LTCH. Terry v Ohio is not the law though. I don't think it actually has anything to do with laws and more to do with what police can stop for. RAS is not a law.

Terry is law, common law or case law.......if you will.

Among other matters, it authorizes police to search for a weapon and secure it until the investigative matter is resolved.

 

[Bill of Rights]

Just a gentle in-thread warning.

This thread has more than 400 posts so far.

There has been some borderline name calling and heated exchanges.
I suggest we let this thread go dormant. I'm not sure further debate will be productive.

I'm confident there will be future incidents where these issues can be discussed again.

Guys... The above was a gift. LMW kindly suggested you calm down and let this die out. Instead, the borderline namecalling and heated exchanges to which he referred have continued. Since you chose to ignore him, you won't be ignoring this. This thread is closed. There may be infractions coming. I can't say there won't be any temp bans coming. I can say that if I see this continuing elsewhere, there more than likely will be bans coming.



Blessings,
Bill