do i need to answer leo if asked

This is a discussion on do i need to answer leo if asked within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I know I know, look it up. OK, I did. I am in MA. Let's just say I am transporting, not carrying on me. It ...

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Thread: do i need to answer leo if asked

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    do i need to answer leo if asked

    I know I know, look it up. OK, I did.

    I am in MA. Let's just say I am transporting, not carrying on me. It is locked up. according to handgunlaw.us , i do not have to inform LEO.

    my question is, if I am pulled over for a traffic infraction, and I am asked if there are any weapons in the car, do I need to answer this question. And what are the ramifications if I answer this untruthfully.

    I am not trying to be a hardass, etc. I have utmost respect for LEOs, it's a tough job, my uncle was on NYPD.

    I am just curious as to my rights.

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    sgb
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    No you don't have to answer. No need to lie, just no need to answer.
    "There is a secret pride in every human heart that revolts at tyranny. You may order and drive an individual, but you cannot make him respect you." William Hazlitt (1778 - 1830)

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    While your not required to inform if you are carrying. If asked if you have any weapons in the vehicle I would say you need to answer truthfully. If not I can see a BIG hassle in the works. If you lie or refuse to answer, I can see a complete search of your vehicle, with you cuffed in the back of a patrol car. Why risk the hassle. Answer truthfully and get on with your business. Not sure about MA law, but I believe in many states it is a crime to intentionally lie to a LEO.
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    Quote Originally Posted by archer51 View Post
    While your not required to inform if you are carrying. If asked if you have any weapons in the vehicle I would say you need to answer truthfully. If not I can see a BIG hassle in the works. If you lie or refuse to answer, I can see a complete search of your vehicle, with you cuffed in the back of a patrol car. Why risk the hassle. Answer truthfully and get on with your business. Not sure about MA law, but I believe in many states it is a crime to intentionally lie to a LEO.
    Based on what exactly do you deliver this very flawed and incorrect and legally unsound reasoning?
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    Quote Originally Posted by sgb View Post
    Based on what exactly do you deliver this very flawed and incorrect and legally unsound reasoning?
    Thank you, saved me the time. Nobody is searching my car with out a warrant. I have never presented probable cause for an officer. I have had an officer ask if he could search my vehicle (why I don't know). I was polite and said no sir. And he started to ask more qustions, then I asked again politely if I was being detained. Then he left and I went on my merry way.
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    I understand what sun and sgb have said but is the hassle worth it? I assume from their perspective it is, and they are certainly correct in their comments. I also find it hard to believe that for a simple stop, an LEO is going to ask to search my car--makes very little sense, although I guess it can happen per sun's comments. If I were an LEO, however, you must admit that to some extent this would raise my curiosity and perhaps, within the law, expend a "bit more time" with you on the side of the road.

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    In Missouri if a Police Officer asks and you lie it is a crime.

    Rather than asking a bunch of folks on a message board, find a good 2A lawyer in your state, schedule a consultation and get an answer he is willing to defend you in court on if you are pulled over and asked.

    DO NOT TAKE THE WORD OF A BUNCH OF INTERNET PEOPLE!!!
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    Quote Originally Posted by 357and40 View Post
    In Missouri if a Police Officer asks and you lie it is a crime.

    Rather than asking a bunch of folks on a message board, find a good 2A lawyer in your state, schedule a consultation and get an answer he is willing to defend you in court on if you are pulled over and asked.

    DO NOT TAKE THE WORD OF A BUNCH OF INTERNET PEOPLE!!!
    Please post the statute.
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    Quote Originally Posted by kelcarry View Post
    I understand what sun and sgb have said but is the hassle worth it? I assume from their perspective it is, and they are certainly correct in their comments. I also find it hard to believe that for a simple stop, an LEO is going to ask to search my car--makes very little sense, although I guess it can happen per sun's comments. If I were an LEO, however, you must admit that to some extent this would raise my curiosity and perhaps, within the law, expend a "bit more time" with you on the side of the road.
    “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety,” - Benjamin Franklin
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    If my firearm is being legally transported in accordance with law, unloaded with no ammunition ready to quickly load, and stored away from immediate access and use, the true and honest answer is no.
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    I won't even attempt to state what legal in other states, but in FL there is no "must inform" requirement and if a LEO asks if there are any "weapons" in the car (Assuming OP's scenerio) the trueful answer is "No" as a firearm "not being used as such" is not defined as a weapon per statute.

    For all, keep in mind the difference between a "must inform" requirement and that of being directly asked a question by a LEO.
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    I've never been pulled over for a traffic infraction and asked anything about weapons in the car or permission to search the vehicle. If that happened, my guess would be that something else had aroused suspicion and the traffic stop was just a pretext. That's just my opinion. As far as lying to the officer, about the only statutes you will find are ones that are similar to these in Florida.

    837.05 False reports to law enforcement authorities.

    (1) Except as provided in subsection (2), whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    (2) Whoever knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    873.055 False information to law enforcement during investigation.

    Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

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    Quote Originally Posted by Gene83 View Post
    I've never been pulled over for a traffic infraction and asked anything about weapons in the car or permission to search the vehicle. If that happened, my guess would be that something else had aroused suspicion and the traffic stop was just a pretext. That's just my opinion. As far as lying to the officer, about the only statutes you will find are ones that are similar to these in Florida.

    837.05 False reports to law enforcement authorities.

    (1) Except as provided in subsection (2), whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
    (2) Whoever knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    873.055 False information to law enforcement during investigation.

    Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    I'm not a lawyer, so don't take my word for it.
    I'd note none of the above pertains to an Officers questions asked outside the scope of the traffic violation during a traffic stop.
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    Quote Originally Posted by sgb View Post
    I'd note none of the above pertains to an Officers questions asked outside the scope of the traffic violation during a traffic stop.
    You are correct. My contention is that when the questioning gets to vehicle contents and searches of the vehicle it's probably no longer a traffic stop. If the questioning gets to the point where I feel a need to be untruthful to an officer, then I'm getting my attorney. Once again, that's just my opinion. I'm not an attorney. But when you ask legal questions on the internet, opinions are what you get.
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    Quote Originally Posted by Gene83 View Post
    You are correct. My contention is that when the questioning gets to vehicle contents and searches of the vehicle it's probably no longer a traffic stop. If the questioning gets to the point where I feel a need to be untruthful to an officer, then I'm getting my attorney. Once again, that's just my opinion. I'm not an attorney. But when you ask legal questions on the internet, opinions are what you get.
    All one would need ask is "Officer am I under investigation for anything other than the traffic violation?" If the Officer states that you are then it'd be wise at that point to invoke your right to an attorney. If the Officer states no then simply don't answer the questions.

    There's nothing wrong with an Officer doing a little fishing, doesn't mean you have to bite.
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