- Joined
- Apr 1, 2001
- Messages
- 738
Whatever the officer decides. Even if he is wrong, he goes home. You get cited or go to jail. The officer is now pretty much out of the picture - it is at this point between you and the "system."
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What is considered "concealed" police officers/anyone?
- Thread starter Enter
- Start date
Actually Brownie, it is up to the officer whether you get charged. The Solicitor's Office (District Attorney) may decide to drop it, but the officer can make a charge.
Our state law concerning concealed weapons (not including firearms)only mentions "dirks, daggers, brass knuckles, etc" and does not give a definition of dirks and daggers so that is left up to interpretation by the officer and ultimately the courts.
My thinking behind this kind of law or regulation is that it's an "excuse" law.
For instance in Texas it's now illegal to have a license plate frame. Is there anything inherently unlawful or morally questionable about having a plastic frame around your license plate? Of course not. This law seems stupid but it has a purpose. What this does is give the police an "excuse" to pull you over if they think something is seriously amiss. Imagine this:
Cop: "You look suspicious. I want to see your driver's license."
That policeman doesn't really have a leg to stand on now, does he?
Now imagine this:
Cop: "You have an illegal accessory on your vehicle. That's a $60 fine. I'm going to need your license and registration."
This policeman has a valid excuse for detaining this person. He can now take that license back to his patrol car, swipe it, and find out either:
A. there's 3 warrants out for this guy's arrest and his suspicions were confirmed
B. The guy is clean but the cop doesn't look bad
Of course it's also a chance to raise some revenue, but that's beside the point.
There are lots of what I call "excuse" laws. For instance I used to live in a city where it was illegal to "congregate on a public venue". Two or more people waiting at a bus stop is a "congregation on a public venue" and so is a bunch of kids playing in a sandbox in a public park. The idea behind the law was that the local police could use it against local gangs who had a habit of standing around in large groups at the local mall. It took away from the gang members the "We weren't doing anything illegal" defense.
I can see why these type of laws exist. But philosophically I think they're wrong.
For instance in Texas it's now illegal to have a license plate frame. Is there anything inherently unlawful or morally questionable about having a plastic frame around your license plate? Of course not. This law seems stupid but it has a purpose. What this does is give the police an "excuse" to pull you over if they think something is seriously amiss. Imagine this:
Cop: "You look suspicious. I want to see your driver's license."
That policeman doesn't really have a leg to stand on now, does he?
Now imagine this:
Cop: "You have an illegal accessory on your vehicle. That's a $60 fine. I'm going to need your license and registration."
This policeman has a valid excuse for detaining this person. He can now take that license back to his patrol car, swipe it, and find out either:
A. there's 3 warrants out for this guy's arrest and his suspicions were confirmed
B. The guy is clean but the cop doesn't look bad
Of course it's also a chance to raise some revenue, but that's beside the point.
There are lots of what I call "excuse" laws. For instance I used to live in a city where it was illegal to "congregate on a public venue". Two or more people waiting at a bus stop is a "congregation on a public venue" and so is a bunch of kids playing in a sandbox in a public park. The idea behind the law was that the local police could use it against local gangs who had a habit of standing around in large groups at the local mall. It took away from the gang members the "We weren't doing anything illegal" defense.
I can see why these type of laws exist. But philosophically I think they're wrong.
- Joined
- Sep 30, 2003
- Messages
- 48
it also depends on the situation, ima cop in Colorado and i have stopped hundred's of people with knives. If i stop you beacuse we have a burglary in the area an you match the description you are a potential threat. More than likely you will be in handcuffs and in back of car awaiting a show up, however if I get a a call of someone looking hinky on a street corner and you just happen to be waiting for the bus different story. Now if you the person is a reasonable person and can understand that police often stop and detain individuals based on crappy info from citizens adn dont get all POed for us doing our job i never makea a big deal out of it, however if you act like a four year old getting their but spanked your gonna get treated different.