sjfcontrol wrote:bronco78 wrote:bdickens wrote:I just can not understand why some people are so worried about what might happen if they get caught not breaking the law.
Not breaking the law according to who.. You? What makes you think you get a vote
First a Law Enforcement officer gets a vote, ..... you will never be asked to vote prior to seeing your lawyer if you think you should have been arrested for what someone else voted you did wrong.
It is naive to not understand this happens every day. most times by honest officers who make a mistake, misjudge, mis understand...,, other times by LEO's or a DA with an agenda, Legality at the arrest site has no bearing on your arrest or trial date... Your vote comes MUCH later in the cycle... after much time and money.
The fact is that in this state, having a gun in your vehicle is NOT illegal (with some exceptions not really relevant here). ANY officer that doesn't know that shouldn't be an officer. If you're arrested for something that isn't illegal, you have a case for false arrest. I believe Charles addressed this in a different thread. You CAN be accused of breaking a law. Then you're arrested and get a chance to work it out in court. But this is not a case of being accused of a crime you didn't commit -- it's a case of being arrested for something that IS NOT ILLEGAL. That's false arrest. Likely somebody would realize that (officer's superiors, DA, etc.) and you'd be released. It doesn't make sense to me to get all twisted out of shape worrying about being arrested for doing something that is not illegal. That attitude just keeps you hiding under your bed for fear ANYTHING you do might cause you to be arrested.
That's not the issue as I see it, whether or not the gun is legal. The issue is the potential police response. I submit that an encounter with police who don't know you're carrying, or an encounter like a traffic stop, where you've advised an officer that you're legally carrying before he sees a weapon, is fundamentally different than having a gun in your possession revealed inside your vehicle or on your person. At that point, the police don't know you're carrying legally, all they see is a gun --you could be a guy who just robbed a convenience store. It's potentially the difference between walking away and being shot down like Erik Scott because with guns pointed at you, you make the wrong move. Especially problematic in a car, as I see it, where you may be with a passenger who makes an unpredictable move or a move that seems furtive because police can't see everything going on inside the vehicle. And we're also not talking about Texas police or the DPS --we're talking about the Feds, who may not have the same appreciation for carry laws.
That said, I think encounters like the Erik Scott encounter are rare. However, if searches like this become routine at places like BP checkpoints, or other places, there may be more of them. Instead of pulling up to be asked if you're an American citizen, you may pull up to someone poised and ready to shoot you if you make the wrong move. While this isn't going to stop me from carrying, and while I"m not going to spend much time worrying about it, I do think it may be a good idea to consider the possibility at certain checkpoints and be careful about where you put your hands and how you move around in your vehicle.
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