Question for the LEO's ...
I was talkin to a freind of mine, he happens to be a County Deputy. I asked him what would happen if he came up on a person and for what ever the reason the Deputy asked the person .. "Are you carrying any weapons"?
Now lets say the person in a felon (easy enough to do these days) and lets say the felon has a gun on him. (we all know this would never happen, after all it is illegal) [:D] Now comes the odd part . Mr felon says under the 5th am. I dont have to answer. Other than having the Deputy aim his gun at you for the reply is there any legal ground for this? Or are ya just double screwed? Does the felon have to present inciminating evedence against himself?
Just curious. By the way the Deputy was here to shoot, have no fear of this man if he aims at you. [8D] He told me he could not hit his own car from the inside ... I now am a believer.[:I]
Now lets say the person in a felon (easy enough to do these days) and lets say the felon has a gun on him. (we all know this would never happen, after all it is illegal) [:D] Now comes the odd part . Mr felon says under the 5th am. I dont have to answer. Other than having the Deputy aim his gun at you for the reply is there any legal ground for this? Or are ya just double screwed? Does the felon have to present inciminating evedence against himself?
Just curious. By the way the Deputy was here to shoot, have no fear of this man if he aims at you. [8D] He told me he could not hit his own car from the inside ... I now am a believer.[:I]
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Lots of possibles here. If he has a 5th waiver it's a mute point. Also a LEO has a right to do an external pat down for his own safety.
But 9 times outta ten if you just ask they will give up that they are armed, or that tingly feeling I always got that someone was armed. I was never wrong.0 -
He does not have to answer if he wants, but he usually will. He will be searched, at gun point if necessary, and arrested if he's packing.
Many felons are under search & seizure as a condition of their release or parole. That means they can be searched anytime for any reason without PC.0 -
Interesting....so he doesn't have to answer, but he's going to be searched anyway? [:D] Might as well tell the truth and get a teensy bit of respect from the LEO that at least you're being honest with him... 0 -
I wouldn't think its likely anything he said about the gun would be held against him in court. The officer would find the gun if he put the subject under arrest, which would then be the only evidence needed. Who cares what he said after after the gun is found on his person. 0
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