First Notification. Findlay PD A+
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- JustJack
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First Notification. Findlay PD A+
So, I'm out running around playing a game on my phone called Ingress. Picture capture the flag meets geo-caching. Anyway, stopped in the parking lot of a church on the edge of town because it was one of the locations active in the game. Sitting there doing my thing when I see a black-and-white roll by headed northbound. As soon as I saw him, I know he was gonna pull in. Low and behold, he lights me up. I do the whole hand on the wheel window down thing. Cop walks up, give him the "I have an Ohio CHL and I am armed" spiel. He says, "OK. Can I see some ID?" I say sure, he asks where the gun is, I say on my right hip. He says, "Go ahead and grab you ID, just be careful about it." No big deal for me, wallet's in my left back pocket. 5 min later, I'm on my way. No muss, no fuss.
IANAL, YMMV, other standard disclaimers, yada, yada, yada, etc, ad nauseum, in infinitum.
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- Cloudwraith
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Re: First Notification. Findlay PD A+
Glad it went smooth. What was his reason for approaching you?
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- Stryker74
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Re: First Notification. Findlay PD A+
So, you're one of "those"?JustJack wrote:So, I'm out running around playing a game on my phone called Ingress.
I have a friend that plays it every time we are at lunch at Schmidt's here in Columbus. I guess there are a ton of portals in German village.
Good to hear the encounter was a non-issue!
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Re: First Notification. Findlay PD A+
And you do this while DRIVING a vehicle?JustJack wrote:So, I'm out running around playing a game on my phone called Ingress.
Abandon ye all HOPE!
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Re: First Notification. Findlay PD A+
No, Silly, he said he was 'Running"!Cruiser wrote:And you do this while DRIVING a vehicle?JustJack wrote:So, I'm out running around playing a game on my phone called Ingress.
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bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
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Re: First Notification. Findlay PD A+
Good to know. Thanks for the post.
This game sounds interesting...researching now.
This game sounds interesting...researching now.
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Re: First Notification. Findlay PD A+
Yeah, I second that inquiry. Where's the PC???Cloudwraith wrote:Glad it went smooth. What was his reason for approaching you?
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- pirateguy191
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Re: First Notification. Findlay PD A+
I think he was playing on his phone. His computer was probably at home.glocksmith wrote:Yeah, I second that inquiry. Where's the PC???Cloudwraith wrote:Glad it went smooth. What was his reason for approaching you?
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- Stryker74
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Re: First Notification. Findlay PD A+
I know that was a joke - but my mind went to that same place.... long day as an IT guy today I guess...pirateguy191 wrote:I think he was playing on his phone. His computer was probably at home.glocksmith wrote:Yeah, I second that inquiry. Where's the PC???Cloudwraith wrote:Glad it went smooth. What was his reason for approaching you?
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Re: First Notification. Findlay PD A+
He didn't need PC.glocksmith wrote:Yeah, I second that inquiry. Where's the PC???Cloudwraith wrote:Glad it went smooth. What was his reason for approaching you?
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Re: First Notification. Findlay PD A+
xpd54 wrote:He didn't need PC.glocksmith wrote:Yeah, I second that inquiry. Where's the PC???Cloudwraith wrote:Glad it went smooth. What was his reason for approaching you?
IANAL...ahem...but it sure sounds like a stop to me. He asked for ID and I assume that the OP was not free to go at that point. Any reason for all of this? Assuming that a person only looks suspicious, but is otherwise operating legally, LEO's almost always look for a legitimate reason to stop someone - tailight out etc. The OP says he was merely sitting in a parking lot. Is this illegal nowdays? So again, I ask how did the LEO acquire probable cause for the stop?
Its perfectly legal for them to run someone's plates if that person is operating a motor vehicle in public, but it's altogether different to do a traffic stop, require ID and detain the occupant for questioning. At least that's how I see it.
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Re: First Notification. Findlay PD A+
PC is a legal standard for a search or an arrest. NOT the minimum standard for a stop. A common misconception. Reasonable articulable suspicion is needed to justify a stop. RAS is a lower standard.
To avoid a lot of retyping, here you go:
http://www.ohioccwforums.org/viewtopic.php?f=2&t=54988
Having said that, I don't know exactly what happened so the officer may not have had RAS. But I do know he didn't need PC.
To avoid a lot of retyping, here you go:
http://www.ohioccwforums.org/viewtopic.php?f=2&t=54988
Having said that, I don't know exactly what happened so the officer may not have had RAS. But I do know he didn't need PC.
".....in the end we must still slosh our way through the factbound morass of reasonableness."
- Supreme Court Justice Antonin Scalia in Scott v. Harris
The views expressed in this post are my own. They have not been reviewed or approved by my employer.
My Blog
- Supreme Court Justice Antonin Scalia in Scott v. Harris
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- BobK
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Re: First Notification. Findlay PD A+
Thoughtful answer, thank you.xpd54 wrote:PC is a legal standard for a search or an arrest. NOT the minimum standard for a stop. A common misconception. Reasonable articulable suspicion is needed to justify a stop. RAS is a lower standard.
To avoid a lot of retyping, here you go:
http://www.ohioccwforums.org/viewtopic.php?f=2&t=54988
Having said that, I don't know exactly what happened so the officer may not have had RAS. But I do know he didn't need PC.
A different police car checking out a guy sitting in an empty parking lot at night may very well interrupt a burglary. Those circumstances would be called "good police work".
Also, note that if the driver did not have to identify himself as being armed, we do not know if the officer would have asked for identification. I recall times as a young man where I was sitting in an odd or isolated place. Police officer cruised by, stopped, said hello and asked what I was doing. An innocuous reply from, a wave from him, and he moved on. Not every stop requires ID. However, once a person announces they are armed, then the police have every statutory right to check the CHL and license.
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Re: First Notification. Findlay PD A+
Regardless of the technical terminology....did the LEO in this particular case have a justifiable reason for stopping the OP? He approached the OP, lit up flashers, asked the OP to produce ID...and presumably the OP was not free to go, or in any position to challenge the officers request to produce ID. Does anyone understand what I'm getting at...legal terminology aside? Is parking or idling in a roadside parking lot illegal...or suggestive of illegal behavior? We drum it into our kids...and even adults not to text and drive, or fool with your phone - so I think people probably pull over quite a bit these days to fiddle with their iPad. So, should anybody who pulls into a parking lot to play with their phone expect to be detained by the police? I ask this for a good reason. I've had it almost happen to me. I once went to HPB in Kenwood and I arrived too early...they didn't open for another 15 minutes...so I decided to wait. Seems someone working at TGI Fridays thought it was odd that I didn't immediately exit my car and enter a building, so they called the cops. The HPB store opened just as police were pulling into the lot...so I guess they saw me jump out and go into the store - which was enough to satisfy them. Again the question is - in both the OP's case and mine - what gives an LEO the right to stop and question someone sitting in a parked car...if they're not violating any parking, fire zones etc.?
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Re: First Notification. Findlay PD A+
Until the OP comes along with more info, it's impossible to know if the officer had RAS. There are so many different things that could satisfy the RAS requirement, it's tough to make an informed opinion.
Are there situations where sitting in a church parking lot minding your own business would justify a stop? Yes. Do they apply here? No idea.
Are there situations where sitting in a church parking lot minding your own business would justify a stop? Yes. Do they apply here? No idea.
".....in the end we must still slosh our way through the factbound morass of reasonableness."
- Supreme Court Justice Antonin Scalia in Scott v. Harris
The views expressed in this post are my own. They have not been reviewed or approved by my employer.
My Blog
- Supreme Court Justice Antonin Scalia in Scott v. Harris
The views expressed in this post are my own. They have not been reviewed or approved by my employer.
My Blog