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by TrueFlog
Thu Jul 21, 2011 5:38 pm
Forum: Other States
Topic: OH - LEO Notification goes BAD, really BAD.
Replies: 189
Views: 29692

Re: OH - LEO Notification goes BAD, really BAD.

Texas Dan Mosby wrote:
When, pray tell, did he have time?

As soon as the supporting officer stuck his nose in the vehicle.

CHL: "Officer..."
LEO: "Shut up!"
CHL: (ASSERTIVE VOICE) "FOR YOUR SITUATIONAL AWARENESS, AND IN ACCORDANCE WITH STATE LAW, I AM REQUIRED TO INFORM YOU THAT AS A LICENSED CHL HOLDER I CURRENTLY HAVE A FIREARM IN MY POSSESION"


Simple as that, really. Are they going to charge you with using an assertive voice in order to COMPLY WITH THE LAW? If so, I would be willing to bet it wouldn't hold up in a court of law.
Let's put 20 seconds on the clock and see how many holes I can poke in that idea.
1) The driver had already tried twice to notify the officer before he was told to shut up. How many times does he have to try to be acceptable in your book? If two's not enough, then how many?
2) The officer was clearly trying to dominate the situation. If the driver had tried yet a third time to identify, I have no doubt the cop would've yelled at him again to shut up. Subsequent tries weren't going to change anything.
3) Do you really think trying to be assertive against this cop would've had a happy ending? It would only enraged him further. Trying to be assertive often comes across as being aggressive, especially with then other person wants to see it that way.
4) Given this officer's mindset, if the driver had said "I have a gun" in an assertive voice, the cop probably would've taken that as a threat. Again, things get worse from there.
5) The video clearly shows that the cop thinks the driver should've notified at the start of the stop. He rants on and on about how the driver had a gun while they were searching his car - well before either officer approached him. By the time the office was at the window, it was too late. Even if the driver had notified right then, the cop still would have blown up on him.
6) Ohio law requires the driver to obey all of the officer's command. Once the cop told him to shut up, he had no choice. If he had pressed the issue and notified (for yet a third time), he could've been arrested and charged with disobeying the order to shut up. It's lose-lose.
7) Finally, since when does someone have to be assertive to exercise their Constitutional rights? I agree it helps, but it's not a mandate. Many people find it difficult to be assertive even in day-to-day, non-life-threatening encounters, and it's even more difficult when dealing with authority figures. It only gets worse when they're faced with an intimidating bully who also happens to be carrying a gun.
by TrueFlog
Thu Jul 21, 2011 4:06 pm
Forum: Other States
Topic: OH - LEO Notification goes BAD, really BAD.
Replies: 189
Views: 29692

Re: OH - LEO Notification goes BAD, really BAD.

Texas Dan Mosby wrote: The CHL holder had AMPLE time to notify BOTH officers and he FAILED. I'm not buying the "they wouldn't let me speak" excuse, nor am I buying the "...but officer, I wasn't picking up a prostitute" story either.
When, pray tell, did he have time? Neither of the officers approached him until well into the stop, at which time the driver tried to notify them. The only time prior to that when an officer was within conversational range was when the officer was searching the back seat. If he had informed at that time, you can guarantee it would have gone much worse for him. Or do you just expect him to yell "I've got a gun!" as soon as they pulled him over? Had he done that, it probably would've been the last thing he ever did.

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