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Thread: Duty to inform.
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May 22nd, 2019, 08:33 AM #1
Duty to inform.
After watching a video posted in the lounge that is a parody of a traffic stop concerning guns, a question arose.
In states where you have a duty to inform, wouldn't the 5th ammendment be violated by requiring one to answer questions/volunteer information?Go sell crazy some where else, we're all stocked up here.
Political power grows from the muzzle of a gun.
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May 22nd, 2019, 09:07 AM #2Grand Member
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Re: Duty to inform.
Yes
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May 22nd, 2019, 09:57 AM #3
Re: Duty to inform.
Technically yes. Legally the courts say it doesn’t
Let's not forget there are still species of tropical penguins living in the Galapagos.
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May 22nd, 2019, 10:09 AM #4
Re: Duty to inform.
Yes and no.
Yes - it would be a 5A violation if you don't have a license/permit, because you would be incriminating yourself.
No - it wouldn't be a 5A violation if you do do have a license/permit, since you wouldn't be breaking the law for merely carrying, thus cant be incriminating yourself.
Courts would likely rule it not a 5A violation on the grounds that "rights aren't absolute" and for "safety of the officer".RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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May 22nd, 2019, 11:35 AM #5
Re: Duty to inform.
Courts protect the criminal's rights. Be carrying illegally, you can invoke the 5th. Be carrying legally with license to do so, there is no criminal activity to be protected from, and the 5th is not applicable. Correct?
There are two kinds of guns. Those I have acquired, and those I hope to.
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May 22nd, 2019, 12:13 PM #6Grand Member
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Re: Duty to inform.
IMHO, the right to STFU is absolute. If I don't wanna say some shit, nobody's gonna force me. YMMV.
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May 22nd, 2019, 12:26 PM #7
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May 22nd, 2019, 12:28 PM #8Grand Member
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May 22nd, 2019, 12:32 PM #9
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May 22nd, 2019, 01:40 PM #10
Re: Duty to inform.
I was on patrol in the Philadelphia police department just as the civil disobedience movement was coming to the fore. I stopped a driver for a MV infraction I no longer recall. The driver lowered his driver's window about two inches. When I asked for his operator's license and owner's card he pressed them both against the glass. I explained that I had to physically have them in hand temporarily. He tried to refuse.
I then suggested it will be lot quicker than me calling for a supervisor, who will then call for a tow truck, and he cannot be in the vehicle as it is being towed, so he will either exit the vehicle or he will have to be forcibly extracted. He saw the light, and slid the cards through the cracked driver's window.
While I was in the patrol car, a horrific rainstorm opened up. The kind that some drivers pull over for. I was ready to return to the man, waited a little bit, and bit the bullet (ahhh...cartridge?)...and walked up to his door. He was soooo animated with laughter and delight!!! I can still see it. (I was internally laughing too).There are two kinds of guns. Those I have acquired, and those I hope to.
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