almost forgot to notify

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xracer
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almost forgot to notify

Post by xracer »

Called 911 for an unresponsive driver stopped at a stoplight who missed at least one light cycle. When the police showed up I told them what was going on and then the officer went over to the passenger side of the vehicle. 5 seconds after that I thought maybe it would be a good idea to let him know that I had a concealed handgun license and was armed. He asked me if I had it on me which I thought was a dumb question since I had just told him I was armed but then later I was thinking maybe he was asking if I had my license on me? I never did show him my license,turned out to be a non-issue as usual. I'm glad he did'nt get ticked off about it.
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TJW815
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Re: almost forgot to notify

Post by TJW815 »

Been hearing alot of he u responsive driver calls lately around here. Almost always turns out to be a heroin overdose.
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xracer
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Re: almost forgot to notify

Post by xracer »

Don't know what this was, I beeped then beeped twice then laid on the horn and he didn't move. I pulled up next to him and yelled to him through my passenger window and nothing. Pulled around him, got out and called 911 while a girl who also got out of her vehicle put his in park. The police were able to get him up but then took him around to the ambulance and that was the last I saw of him. They said they were taking him to the hospital for evaluation.
Keep your eyes on the road and the rubber side down.
CroManGun
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Re: almost forgot to notify

Post by CroManGun »

TJW815 wrote:Been hearing alot of he u responsive driver calls lately around here. Almost always turns out to be a heroin overdose.
I've come across a few of these myself; they were all drunk. In the latest one, I pulled over to the side of the road to call 911. The police responded and parked behind the stopped car. When the driver was awakened from his slumber, he popped it into reverse and promptly slammed into the cruiser behind him. Cuffed, stuffed, and towed.
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JediSkipdogg
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Re: almost forgot to notify

Post by JediSkipdogg »

TJW815 wrote:Been hearing alot of he u responsive driver calls lately around here. Almost always turns out to be a heroin overdose.
General rule of thumb around me for someone unconscious/unresponsive is...

Vehicle = drunk
Apartment/Hotel = Heroin (occasion house, but very rare)
Public = Medical condition/heat stroke during summer
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Bama.45
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Re: almost forgot to notify

Post by Bama.45 »

CroManGun wrote:
TJW815 wrote:Been hearing alot of he u responsive driver calls lately around here. Almost always turns out to be a heroin overdose.
I've come across a few of these myself; they were all drunk. In the latest one, I pulled over to the side of the road to call 911. The police responded and parked behind the stopped car. When the driver was awakened from his slumber, he popped it into reverse and promptly slammed into the cruiser behind him. Cuffed, stuffed, and towed.

Lol that's a good way to start or end the day... The lack of intelligence kills me.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
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Voice
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Re: almost forgot to notify

Post by Voice »

Last time I came across someone unresponsive like that it was related to diabetes.
Bama.45
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Re: almost forgot to notify

Post by Bama.45 »

Voice wrote:Last time I came across someone unresponsive like that it was related to diabetes.

I have sympathy for cases such as this... But otherwise I don't.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen




U.S. Marines 01-07



~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
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TJW815
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Re: almost forgot to notify

Post by TJW815 »

JediSkipdogg wrote:
TJW815 wrote:Been hearing alot of he u responsive driver calls lately around here. Almost always turns out to be a heroin overdose.
General rule of thumb around me for someone unconscious/unresponsive is...

Vehicle = drunk
Apartment/Hotel = Heroin (occasion house, but very rare)
Public = Medical condition/heat stroke during summer
Wish it was that way around here. Apparently the draw of shoving a needle in ones arm is a strong one. It's getting bad around here. At least 2 calls a night for heroine overdose around here. I have my own opinions of how to handle the overdoses but it may be deemed as insensitive.
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color of law
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Re: almost forgot to notify

Post by color of law »

xracer wrote:Called 911 for an unresponsive driver stopped at a stoplight who missed at least one light cycle. When the police showed up I told them what was going on and then the officer went over to the passenger side of the vehicle. 5 seconds after that I thought maybe it would be a good idea to let him know that I had a concealed handgun license and was armed. He asked me if I had it on me which I thought was a dumb question since I had just told him I was armed but then later I was thinking maybe he was asking if I had my license on me? I never did show him my license,turned out to be a non-issue as usual. I'm glad he did'nt get ticked off about it.
I don't believe you had any duty to notify.
2923.126 Duties of licensed individual.

(A) A concealed handgun license that is issued under section 2923.125 of the Revised Code shall expire five years after the date of issuance. A licensee who has been issued a license under that section shall be granted a grace period of thirty days after the licensee's license expires during which the licensee's license remains valid. Except as provided in divisions (B) and (C) of this section, a licensee who has been issued a concealed handgun license under section 2923.125 or 2923.1213 of the Revised Code may carry a concealed handgun anywhere in this state if the licensee also carries a valid license and valid identification when the licensee is in actual possession of a concealed handgun. The licensee shall give notice of any change in the licensee's residence address to the sheriff who issued the license within forty-five days after that change.

If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (E) of section 2923.16 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves. Additionally, if a licensee is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.04 of the Revised Code and if the licensee is transporting or has a loaded handgun in the commercial motor vehicle at that time, the licensee shall promptly inform the employee of the unit who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun.

If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer who approaches the licensee while stopped that the licensee has been issued a concealed handgun license and that the licensee currently is carrying a concealed handgun; the licensee shall not knowingly disregard or fail to comply with lawful orders of a law enforcement officer given while the licensee is stopped or knowingly fail to keep the licensee's hands in plain sight after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves, unless directed otherwise by a law enforcement officer; and the licensee shall not knowingly remove, attempt to remove, grasp, or hold the loaded handgun or knowingly have contact with the loaded handgun by touching it with the licensee's hands or fingers, in any manner in violation of division (B) of section 2923.12 of the Revised Code, after any law enforcement officer begins approaching the licensee while stopped and before the officer leaves.
You called them. They did not stop you for a law enforcement purpose.
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djthomas
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Re: almost forgot to notify

Post by djthomas »

color of law wrote:You called them. They did not stop you for a law enforcement purpose.
But did the officer know for sure that he was the complainant? Or was the OP stopped, albeit briefly, while the investigating LEO tried to sort out who was who and what the issue was?

Just because you called 911 doesn't necessarily mean that the arriving officers haven't stopped you for a law enforcement purpose when they roll up. It's not a bright, thick line in the sand. We can debate the coulda shoulda woulda's til the cows come home but at the end of the day it's going to depend on the officer's perception of the situation and what he can convince the prosecutor of, and in turn, what he can convince the judge/jury of.

When we roll up to the scene of a 911 call everybody is technically detained until we can sort it out. In most cases that detention is only a few seconds, but it's still happening all the same. Don't believe me? Call 911 to report a legitimate crime in progress. Give a complete, accurate description of the perpetrator, making sure that it in no way resembles you. Stand around. As soon as the first cruiser rolls up take off running. You won't get far.
WayneB
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Re: almost forgot to notify

Post by WayneB »

While I understand the way the law is written, I interpret it as if there is any encounter between myself and the officer while the officer is being an officer, then I have to notify.
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color of law
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Re: almost forgot to notify

Post by color of law »

djthomas wrote:
color of law wrote:You called them. They did not stop you for a law enforcement purpose.
But did the officer know for sure that he was the complainant? Or was the OP stopped, albeit briefly, while the investigating LEO tried to sort out who was who and what the issue was?

Just because you called 911 doesn't necessarily mean that the arriving officers haven't stopped you for a law enforcement purpose when they roll up. It's not a bright, thick line in the sand. We can debate the coulda shoulda woulda's til the cows come home but at the end of the day it's going to depend on the officer's perception of the situation and what he can convince the prosecutor of, and in turn, what he can convince the judge/jury of.

When we roll up to the scene of a 911 call everybody is technically detained until we can sort it out. In most cases that detention is only a few seconds, but it's still happening all the same. Don't believe me? Call 911 to report a legitimate crime in progress. Give a complete, accurate description of the perpetrator, making sure that it in no way resembles you. Stand around. As soon as the first cruiser rolls up take off running. You won't get far.
WOW!!!! you sound like JediSkipdogg. No 911 call for a crime in progress was made. It was a medical emergency call.
Your "technically detained" analogy is technically a 4th. Amendment seizure. You know, that Terry v. Ohio Supreme Court case, being stopped and briefly detained by a police officer based on a reasonable suspicion of involvement in a punishable crime.

A medical emergency does not fall into the Law enforcement purpose category. If it does please cite some case law.
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color of law
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Re: almost forgot to notify

Post by color of law »

WayneB wrote:While I understand the way the law is written, I interpret it as if there is any encounter between myself and the officer while the officer is being an officer, then I have to notify.
That is what is great about the USA, you can believe whatever you want. A lot of people just choose to believe the Emperor has clothes on.
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djthomas
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Re: almost forgot to notify

Post by djthomas »

color of law wrote:WOW!!!! you sound like JediSkipdogg. No 911 call for a crime in progress was made. It was a medical emergency call.
How do we know for 100% sure it's a medical emergency call? The call is that a male in a vehicle is unresponsive. He could be drunk (that's a crime and usually not a medical emergency), he could be a victim of a crime (and is the guy standing next to him somehow involved?), or yes it could be a genuine medical emergency. The first thing that happens at a call for service is a size up no matter what the complainant told the dispatcher. What is the situation, who are these people standing around, how are they involved, and what dangers exist and how do I mitigate them?
color of law wrote:A medical emergency does not fall into the Law enforcement purpose category. If it does please cite some case law.
Actually, it does. If you're looking for case law on the topic I'd suggest boning up on the community caretaking doctrine. Cady v. Dombrowski is a good place to start. Officers engaged in community caretaking functions can make stops and detentions without reasonable suspicion that a crime has occurred as long as it's not a pretext for an investigative stop. Responding to an active medical emergency is very much a community caretaking function and thus a law enforcement purpose when the person involved is a law enforcement officer.

So now it's my turn to ask a question. Where in the notification law does it say that if you are the one who calls the police you do not need to notify?
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