promptly inform, is 97 seconds too long while being questio?

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bonziguy31
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promptly inform, is 97 seconds too long while being questio?

Post by bonziguy31 »

I was arrested for mishandling a firearm. I was a passanger in the front of my ford E-250 van. I informed the officer as soon as we answered his questions and listened for any lawful orders/instructions from him. I've posted the video on you-tube. I did end up interrupting him to get the words out. "Officer, I have a firearm." I'd like some opinions on this. Maybe people willing to view the video. https://youtu.be/Plq88KgbERQ" onclick="window.open(this.href);return false;
SMMAssociates
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Re: promptly inform, is 97 seconds too long while being ques

Post by SMMAssociates »

bonziguy31:

Find a lawyer....

The law says "promptly" but neglects to define the word.... Something on the order of a minute and a half appears to be where it's at right now, but I'd call that "informally" and others may disagree. (IANAL)

IAC, he's got you....

Otherwise, the stop looks OK, and he didn't pull you out through the vent window or anything like that :) ....

IMHO, you had more than one opportunity to inform him, but I wasn't there, and your state of mind could easily muck that up. That's why we want the necessity to inform to go away, or at least get more user-friendly for us. Right now, it's largely up to the Officer, although a dashcam usually can protect us. Other than the arrest, presuming the rest of the stop went as well as the tape shows, the Officer seems to have handled thing quite well.

Since the Officer started off speaking to the driver, although you were required to interrupt him if necessary, you can't legally get out of the vehicle, and the van's big enough to presume that getting his attention might be an issue. Gets even stranger if there is more than one Officer involved, too - you're supposed to notify BOTH of them....

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pirateguy191
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Re: promptly inform, is 97 seconds too long while being ques

Post by pirateguy191 »

We had one member that was arrested for failure to notify 51 seconds into a stop. I'm sure others will elaborate.
I agree the law needs to go away but you need to follow the law while it's still on the books.
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Re: promptly inform, is 97 seconds too long while being ques

Post by AlanM »

Frankly, I suspect that interrupting an LEO with the words "I have a firearm.", no matter how calmly you say it, isn't going to be received well.
I'm of the opinion that in that situation it would be better to start out with, "Under the law, I'm required to inform you .........".
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DontTreadOnMe
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Re: promptly inform, is 97 seconds too long while being ques

Post by DontTreadOnMe »

AlanM wrote:I'm of the opinion that in that situation it would be better to start out with, "Under the law, I'm required to inform you .........".
That seems like a good way to start.
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Re: promptly inform, is 97 seconds too long while being ques

Post by carmen fovozzo »

Seems like this guy has a problem with laws...license plates wrong, did not notify, lady driver no license on her..I wonder what happened after the video was over other then the arrest......officer was acting professional....
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DontTreadOnMe
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Re: promptly inform, is 97 seconds too long while being ques

Post by DontTreadOnMe »

I disagree with mandatory notification, I think Ohio's penalty level is outrageously high, and I just read a news story about a guy in Texas whose stop was normal and without issue until he voluntarily notified and then it went south. That said, after viewing this video I have to admit there were plenty of opportunities to notify before the 97sec. mark. At about 20 sec. after the officer approaches the car he directly addresses the OP, who didn't notify at that time.

Still, Ohio's mandatory notification law bites.
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Re: promptly inform, is 97 seconds too long while being ques

Post by Chuck »

Is 97 seconds "promptly"?

If I were on the jury, I'd be voting to acquit,,,,
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Re: promptly inform, is 97 seconds too long while being ques

Post by Tweed Ring »

i trained my students to begin giving their notification as their window is being opened.

Having said the above, I think notification needs to go.
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Re: promptly inform, is 97 seconds too long while being ques

Post by Sevens »

BOTH occupants of the vehicle are answering questions from the LE and given a chance to speak. Nobody informs.

YES we all agree that notification sucks and notification needs to go away. Aside from that...

Yes, you took too long, way too long, WAY too long to inform.
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Re: promptly inform, is 97 seconds too long while being ques

Post by Brian D. »

Did I hear correctly, the stop was initiated because of no front license plate? Another law I'm not fond of, but while it exists, motorists should understand what a common "gotcha" it is for LE.
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Re: promptly inform, is 97 seconds too long while being ques

Post by dl1911 »

I've been pulled over once and was well prepared. Sometimes I'll practice when I've stopped at a red light and a car is a little bit behind me. When it stops I picture an officer getting to the window (which will be open and my hands on the wheel). "Officer, as required by state law I am informing you that I have a valid Ohio Concealed Handgun License and am currently armed, do you have any directions for me?" On the one stop, I had that out as soon as the officer came into vision. He wasn't ready and asked me to repeat myself. No chance I wasn't informing promptly! After repeating that phrase I'd practiced a second time it all went smoothly even though it was a Cleveland cop. He asked me where it was located and I told him it was on my right hip. His only comment about it after that was as long as I didn't try to pull it, he wouldn't shoot me. Not the friendliest, but I've heard and seen worse. We practice shooting, practice reloads, practice drawing, etc. Don't forget to practice notifying as well.
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Re: promptly inform, is 97 seconds too long while being ques

Post by Tweed Ring »

Well said. i believe traffic and Terry stops will be the majority of interactions Ohio concealed carry people will ever have with law enforcement officers.
bonziguy31
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Re: promptly inform, is 97 seconds too long while being ques

Post by bonziguy31 »

Thanks everyone! I appreciate the feedback. The law is vague. Here's a link to some case study. http://www.adamsdrafting.com/promptly-and-immediately/" onclick="window.open(this.href);return false;
Carmen fovozzo, thanks for your opinion. Do you really think so? If you listen to the video the plate is displayed. It was in the window. He just didn't see it. That's why he ends up trying to go on to the citation of not registered commercial tags. No one was cited for any tag violation. Please explain your logic that I have an issue with law because my driver had no drivers license. At that rate it's my drivers fault I failed to promptly inform.
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Re: promptly inform, is 97 seconds too long while being ques

Post by carmen fovozzo »

bonziguy31 wrote:Thanks everyone! I appreciate the feedback. The law is vague. Here's a link to some case study. http://www.adamsdrafting.com/promptly-and-immediately/" onclick="window.open(this.href);return false;
Carmen fovozzo, thanks for your opinion. Do you really think so? If you listen to the video the plate is displayed. It was in the window. He just didn't see it. That's why he ends up trying to go on to the citation of not registered commercial tags. No one was cited for any tag violation. Please explain your logic that I have an issue with law because my driver had no drivers license. At that rate it's my drivers fault I failed to promptly inform.
You have a business and the van is for business...I'm certain you knew you needed commercial plates...You have someone driving your company van that did not have her license with her..
...You screwed up when you took 90 seconds to notify......I believe I made myself clear.....
Can you tell us if you can what happened after the video ended ? We're you ticketed ? Was your female driver ticketed ?

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