2 LEO / attorney questions that grew from another thread.

[wozbean]

Here is the original thread. http://www.theoutdoorstrader.com/threads/478175-Rules-for-Police-Stops/page4

I have 2 questions.

1. A traffic stop, let's say for speeding or an out taillight or something, is a Tier 2 encounter correct? Because you are not allowed to leave? It is not a tier 3 because you have not been arrested. Right?

2. Let's say on said stop (out tail light) the LEO sees an ODT or GCO sticker on your car and proceeds to ask you if you have a weapon in the car. You politely answer "no", which is a lie, you do have one. Then let's say for whatever reason (I can't think of a good simple one right now) you are asked to exit the vehicle and the LEO sees said pistol on your belt. You obviously directly lied to an LEO, which I believe is against the law. Yes I understand you didn't have to answer the question but you chose to and you chose to lie. Could you be ticketed for lying?

THIS ALL HYPOTHETICAL. I would assume for the ticket to hold up in court the reason he pulled you from the car would have to be valid. Not simply a ODT sticker and a tail light.

 

[GreenPanther]

A GCO or ODT sticker is not RAS for a search. They can ask whatever questions they feel are appropriate at a stop. Do not lie.

 

[moreammo]

when i have ever been ask if i had a weapon in my vehicle i answer with i have nothing in my car that is illegal or you need to know about and generally that is received well

- - - Updated - - -

dont lie

 

[ArmedinAtlanta]

Unless they ask you if you know me. Then, lie your face off.

 

[rOmiLaYu]

Here is the original thread. http://www.theoutdoorstrader.com/threads/478175-Rules-for-Police-Stops/page4

I have 2 questions.

1. A traffic stop, let's say for speeding or an out taillight or something, is a Tier 2 encounter correct? Because you are not allowed to leave? It is not a tier 3 because you have not been arrested. Right?

2. Let's say on said stop (out tail light) the LEO sees an ODT or GCO sticker on your car and proceeds to ask you if you have a weapon in the car. You politely answer "no", which is a lie, you do have one. Then let's say for whatever reason (I can't think of a good simple one right now) you are asked to exit the vehicle and the LEO sees said pistol on your belt. You obviously directly lied to an LEO, which I believe is against the law. Yes I understand you didn't have to answer the question but you chose to and you chose to lie. Could you be ticketed for lying?

THIS ALL HYPOTHETICAL. I would assume for the ticket to hold up in court the reason he pulled you from the car would have to be valid. Not simply a ODT sticker and a tail light.

1) Correct on all counts.

2) You can not get a ticket for "lying." Its not, per se, "illegal" to lie to LE. If the LEO really wanted to give you a hard time he might slap you with the "obstruction" catch all...but to sum up what others have said, don't lie.

 

[buck111]

Follow all internet advice to the letter. That's the best policy...

 

[wozbean]

I did a little more digging and all I can come with is giving a false name etc to hinder an investigation. While not specifically against the law I just hate to lie so I'll divert the question. http://forums.officer.com/t152583/

I did find an example where a kid was having a party, police show up, he gives them a false name, someone squeals and they cite him for obstruction.

 

[loadnplenty]

As an LEO I will tell you this, when I ask if there are any weapons in the vehicle, I am doing from a safety standpoint. When people tell me yes, I ask where it is and just ask them not to touch it or reach in that general area. I don't give people a hard time since I believe in the second amendment. HOWEVER, if you lie to me about it, and I find out, you are going to raise my suspicion GREATLY!! Which means an additional unit to see if you are up to no good. Lying about weapons will put an officer on the defense quick!!! Honesty will save you a lot of heartache and a pat down!

 

[sparked1]

Best way to avoid the hassle is by using camoflauge. They never even notice the Glock.

 

[loadnplenty]

Best way to avoid the hassle is by using camoflauge. They never even notice the Glock.

View attachment 215909

We will when we run out of donuts lol