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How To Survive Arrest

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posted on Jul, 29 2009 @ 07:52 AM
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reply to post by fraterormus
 


Too much direction here with too little input. How you react to an officer HAS to be measured by each situation and type of cop you are dealing with. Be kind and polite if you can.

Some of these jar-head military type cops are just pure evil to everyone. Best advise is, less said the better. You don't have to answer anything without a lawyer, if you are being arrested. Most lawyers will advise just this. Establish up front if you ARE being arrested and for what charge. If you are arrested just shut up.

The good 'ol days when mommy said, "The nice policeman is your friend."...they are forever gone in the NWO world we live in today.




posted on Jul, 29 2009 @ 08:04 AM
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2.) Cooperate with the officer. Actually, go a step further and help them out by volunteering what you know they want. If they've been dispatched to your location, there is nothing you can do to change that. However, your cooperation can go a long way towards making the officer who is just doing his job treat you like another fellow citizen like him rather than mistreat you like a scumbag who needs to be taken off the streets. If they ask if you have any weapons on you, don't just answer them, but show them...and go a step further by volunteering to allow them to search you if they would like. Even if you have a dimebag in your pocket that you don't really want them to find, don't hesitate to empty your pockets. If you've been friendly and cooperative, most officers aren't going to hold something trivial like a dimebag against you. Besides, even if they do, facing another Criminal Misdemeanor charge added on to your original charge is much better than things turning hostile and potentially getting out of hand.


I disagree with you on this point. One should NEVER voluntarily give up one's 4th Amendment rights against unreasonable searches and seizures. I have been advised if the Cops (or any Law Enforcement) come to your house and knock on your door, you are to go outside, NEVER invite them in, once you do, you have given up your 4th Amendment rights. Furthermore, I would suggest NOT allowing them to search you, unless they have "probable cause". Again, if you volunteer to be searched, you have given up your 4th Amendment rights. I believe if one were to consult with a criminal defense attorney, regarding searches, you would receive the same advise, NEVER voluntarily give up your 4th Amendment Rights.

Secondly, I have always been advised to say absolutely NOTHING if arrested. You have "the right to remain silent", and most attorneys will advise you to volunteer NOTHING to Law Enforcement. Many arrest and prosecutions are because the one arrested volunteers his guilt or says something to implicate him. Also, by conversing with Law Enforcement, frequently suspects will be charged with other crimes he volunteered unintentionally to Law Enforcement Officials.

In review:

NEVER GIVE UP YOUR 4TH AMENDMENT RIGHTS against unreasonable searches and seizures! NEVER invite Law Enforcement into your home, always meet them outside.

NEVER say anything to Law Enforcement, volunteer nothing, as you have the right to remain silent.



posted on Jul, 29 2009 @ 08:23 AM
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The title of this thread is "How to Survive Arrest."

Arrest, not traffic stop or speeding ticket but ARREST.

If you are told that you are under arrest, then you have done something or poesess something that the officer believes is a criminal offense and you are going to be taken into custody.

At that point, its pretty simple, go along with the program. Dont resist or fight the officers. You will get your chance to give your entire side of the story to the judge. The officers are acting on the violation and doing their job. They are not passing judgment but doing their job.

You will be searched, your car inventoried and towed unless someone with you can drive it home for you. You will be searched again upon arrival to the station, processed (printed and photographed) allowed to make call(s) and depending on the offense be held or released within the time frame it takes to process paperwork.

As usual, this thread has turned into another anti-cop thread with all the typical BS and untruths that come with them.

Treat people with respect and you will be amazed how much you get back, cop or no cop.



posted on Jul, 29 2009 @ 08:38 AM
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I think most people forget that the police are PUBLIC SERVANTS. I don't kiss their ass or help them in any way.. If you ever watch the 'The First 48' on A&E you realize they need a confession 75% and that's in Murder cases. Most people are so upset they forget they have the right to remain silent. You NEVER have to speak to the police. If they take you in for questioning. Ask if your under arrest.. if your not walk out the door... if you are stay quiet till your bond is stated. Then walk out the door. Remember by law they can lie to you when there trying to question you.. They can say so and so put you at the scene.. or we have 6 people who saw you do it.. when honestly they have no one. Unless your the victim the police are not your friends.. and this is coming from someone who's never been arrested.. I have heard of too many horror cases of the police abusing their power.



posted on Jul, 29 2009 @ 09:46 AM
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Diffuse your encounter with police early by showing them respect first. Treat an officer with about the same respect that you would show to a friend of your brother.

Don't volunteer anything. Don't make the him mad. It's easy to do if he
starts asking prying questions and you don't want to answer them. Just give him simple, short answers with a smile...just like you would a friend of your brother's, "...I'm headed to see my girlfriend", etc.

The majority of police are just regular guys with a little extra testosterone.
Show them respect, look them in the eye, pose no threat but also don't be
weak.

In my experience, 8 of 10 cops will react favorably if you treat them like
a regular human. As for the other 2 cops...keep your mouth shut and don't
resist. My girlfriend once tried to save me from a cop who was being a
pr*ck (lol, this guy was like Barney Fife on steroids--slamming me around
and jamming my face into the trunk while taking me to jail for a traffic warrant). Her screaming at him didn't do me any good
I did manage to
get the cuffs under my feet and around in front of me while in transit, so
when I got out of the car at the station it embarrassed the cop in front of
his friends and he shoved me around some more.

Anyway, there are some bad eggs out there and no amount of
respect or anything will win them over. Once you recognize you're dealing
with a cop like this, just follow the letter of the law...these are the kind of
guys who will falsely claim probable cause for a search if the think they
will find something on you.

I've been treated like an @sshole and I've been let go for serious violations...cops are like a box of chocolates....

just hope you don't get the coconut



posted on Jul, 29 2009 @ 09:55 AM
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According to my instructor for CC permit, if you are pulled over, hand the officer you license and your permit. It will save you a lot of grief, and the most the officer will do, usually, is ask you where it is.
On a personal note, I was pulled over by a cop several years ago, and according to him, he had been following me for at least 2 miles when I pulled over. He became extremely abusive(verbally) calling me a liar when I said I had pulled over when I seen him, rather than when he first turned his lights on. I told him I hadn't noticed his lights, at which point he decided to call me a liar. (exact quote.)
I told him I was fed up with his crap(i wasn't that nice) and told him I had already had a hard day and I was taking my butt home. He responded that he had a good mind to call the county sheriff's office and have them arrest me. (I was effectively out of his jurisdiction, since he couldn't prove "hot pursuit.") I told him he could do whatever floats his boat but I was going home. I got back in my vehicle. I looked back and he had his hand on his sidearm. I said "Don't even think about." I put my vehicle in gear and drove quietly to my house, which was about 2 miles. Since I was really tired, I told my wife to tell any deputies that showed up that I was asleep and I would call them when I got up.
Guess what? No sheriff's deputies, no city cops, and I never heard another word about it.
A couple of years later, I got a chance to talk to the cheif of police, and told him about the incident. He told me who the officer was, that he had several complaints about that officer, and he had to let him go. He apologized, and told me if I ever had a problem with an officer, to call him and report it. He emphasized that if I had a PROBLEM as in a legitimate problem, not one where I had just broken the law.
I took him at his word, Our police force has been pretty straight. At least as far as speeding is concerned.
(This episode occurred about 20 yrs ago.)

[edit on 29-7-2009 by kettlebellysmith]



posted on Jul, 29 2009 @ 10:17 AM
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I have to STRONGLY disagree with a point you made below:


Originally posted by fraterormus

2.) Cooperate with the officer. Actually, go a step further and help them out by volunteering what you know they want. If they've been dispatched to your location, there is nothing you can do to change that. However, your cooperation can go a long way towards making the officer who is just doing his job treat you like another fellow citizen like him rather than mistreat you like a scumbag who needs to be taken off the streets. If they ask if you have any weapons on you, don't just answer them, but show them...and go a step further by volunteering to allow them to search you if they would like. Even if you have a dimebag in your pocket that you don't really want them to find, don't hesitate to empty your pockets. If you've been friendly and cooperative, most officers aren't going to hold something trivial like a dimebag against you.


You should NEVER talk to the police, volunteer *ANY* information. If in a case as you state above you know you have a 'dime bag' on you, the best way NOT to go to jail is to assert your legal rights. If you're stopped for speeding NEVER answer the question "do you know how fast you were going?" or "do you know what the speed limit on this road is?"

The tactic I hate the most is when they want to "take a look" in your car or handbag or in your pockets. Watch this video and see how things can be different depending on how you assert your rights, or don't.



posted on Jul, 29 2009 @ 10:56 AM
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reply to post by TroyB
 


Good point. I think everything kinda depends on the situation...



posted on Jul, 29 2009 @ 11:07 AM
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Reply to post by fraterormus
 


Wrong, wrong, and wrong.

NEVER volunteer any information to an arresting officer, EVER. That stuff can later be used against you in court. What are you, a cop spreading disinformation or just plain ignorant of how the "system" works?


 
Posted Via ATS Mobile: m.abovetopsecret.com
 



posted on Jul, 29 2009 @ 11:09 AM
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off-topic post removed to prevent thread-drift


 



posted on Jul, 29 2009 @ 11:38 AM
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Contrary to what most people believe, MOST law enforcement agencies do not have a "quota" that they are required to meet. My husband has worked for two local agencies and has at no time ever had to meet a quota. In NC, the only thing that comes close to even being quota-like is when an agency receives money via the Governor's Highway Safety Program. And even then, the only thing that this requires is that the agency preforms a certain number of DUI and seatbelt roadblocks per year.

As for law enforcement officers making a reasonable amount of money, it's not true. Just out of school you make aproximately two dollars more than minimum wage an hour. Officers do not get cost of living raises or merit raises.

Yes there are "bad" cops out there, but there are also "good" cops. If you treat an officer with respect most of the time they will treat you with respect also.



posted on Jul, 29 2009 @ 12:58 PM
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To all the doubters, let it be said for the record that I am not in Law Enforcement (although granted, like 25 years ago or so I was in the Explorer Program with the local Sheriffs Department after I left the Eagle Scouts, and at one point prepared to apply to the FBI Academy, but that was a long time ago when I was very young and naive).

Neither am I spreading Disinfo or Propaganda. These come from personal experience with having been arrested far more times than I can count (over a dozen times...although I was only taken to jail about 6 of those times). To this day, I have never spent more than 2 hours in Jail and have had only one of those arrests actually make it to Trial (and having the Arresting Officer testify on my behalf got the charge tossed out).

My personal Arrest experience is not limited to small communities either...but large metropolitan centers such as Portland, Seattle, and San Fran as well. The S.F. police were by far the most difficult to deal with, as they were so unaccustomed to someone being civil and nice that they thought I was on drugs, but after they looked at my Driver's License and saw where I was from their tenor changed immediately and became more than civil and friendly. They even changed their mind about arresting me and took the cuffs off and suggested next time I just ignore people in need in S.F. and let the cops help out people lying in the middle of the street.

As another poster mentioned, this is not about Routine Traffic Stops or being approached by an Officer randomly. This is a Survival Guide for when Arrest is inevitable. Another poster mentioned that just like on the show Cops when the police get dispatched on a call someone is going to be arrested 95% of the time. That is very much true in real life. The moment they are dispatched they are going to have to fill out paperwork any way, so in their eyes someone has to go to jail. And these days, in most cases, when there is no clear victim or both parties are in dispute of the events, the police routinely arrest both parties just to be safe, and let the District Attorney sort it out. Most police aren't going to bother with taking the time to try to sort things out themselves.

People talk about 4th Amendment Rights and not allowing yourself to be searched. That would be absolutely true if you were pulled over on a Routine Traffic Stop. However, when you are facing Arrest, you will be searched before you are placed in the Officer's Cruiser and you will be searched more thoroughly again when you make it to the County Jail to be processed. The moment you are placed under arrest you no longer have 4th Amendment Rights to unlawful Search & Seizure. The sooner you realize that arrest is inevitable, the better. Don't try to hide behind 4th Amendment Rights when they are not going to apply to you 5 minutes later. Nothing peaves off an Officer more and turns them hostile than finding out someone lied to them or tried to cover up something wrong. When you are facing arrest, you just have to come to terms with it otherwise the situation is going to turn against you and you've lost the opportunity to be the one controlling it.

Arrest isn't the end of the world. It's a minor inconvenience that will delay you about 2 hours from your daily routine. It sucks, but if you take control of the situation early it isn't that bad, and your life can return to its normal programming schedule shortly. However, if you don't choose to control it and try to avoid it, or argue, or fight it instead, the situation could turn far worse than you might imagine. Just read the daily headlines for examples of how badly arrests can go when someone doesn't take control of the situation!

Fear is the mind-killer. If you let fear of Arrest control you, then you cannot control the Arrest.

[edit on 29-7-2009 by fraterormus]



posted on Jul, 29 2009 @ 01:26 PM
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No, your wrong in a spot i noticed.. DONT EVER ATTEMPT TO SHOW AN OFFICER YOUR WEAPON. I was pulled over once and the cop asked if i had a weapon on me, which i did, a simple little pocket knife, i attempted to get it out for him to give it to him so he wouldnt be nervous, and he proceeded to point his gun in my face and tell me repeatedly afterwards about how he almost shot me in the chest. they are pigs and nothing more.



posted on Jul, 29 2009 @ 03:24 PM
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I guess another distinction that should be made is whether or not you actually are guilty of doing something in either the spirit or the letter of the law when volunteering information.

If you are being arrested for doing absolutely nothing wrong, such as for "Leaning with the Intent to Fall" or "Molesting a Cheese-burger" (actual criminal offenses in Louisiana), but have done nothing else, then the rule of volunteering information to the officers definitely apply.

If you are running drugs for your cousin and get arrested, well these still apply, but you probably don't want to volunteer more than you have to to the Police and withhold that information until the District Attorney contacts your lawyer with a deal to testify against your cousin or with a plea-bargain.

If you murdered your wife in cold blood and you get arrested, then the rule of volunteering information to the Arresting Officer does not apply in any way shape or form.

The Rule to volunteer information to an Arresting Officer is under the assumption that you are innocent of any actual wrong-doing. If you are guilty as sin, then well...it had to happen sooner or later when you took that calculated risk to commit a crime.

For example:

I have been arrested for letting someone use my phone.
I have been arrested for providing Emergency Medical Assistance to someone having a heart-attack.
I have been arrested for restraining an attacker (twice), using legally proscribed methods of restraint.
I have been arrested for spitting on someone after they physically assaulted me.
I have been arrested for calling a person a derogatory name after they physically assaulted me.
I have been arrested for being on a date with my wife.
I have been arrested for sitting in a car and smoking a cigarette unknowingly after gunshots were reported in the area.

Only one of these was a technical offense where the letter of the law had been violated despite no violation of the spirit of the law.

In the United States you can, and usually will be, arrested for no reason whatsoever. An Arresting Officer does not need to provide citation of a Criminal Code to arrest you. You can be arrested for breaking no law whatsoever. You simply cannot be held, even without posting bail, after an Arraignment if the District Attorney cannot show violation of Criminal Code to charge you with (even in Louisiana where there is Napoleonic Law instead of Tort Law).

If you know that you have done nothing wrong, then you can safely volunteer whatever you want without fear of persecution from the District Attorney's Office even though you are still getting arrested by the Police and going to jail.

However, if you have something to hide because you have committed a crime, then well...they can throw whatever charge will stick at you...so use discretion. Just know that if it is leading up to being arrested, and your gravest of offenses is just a minor Misdemeanor charge, you're probably better off being upfront and honest before you get lawfully searched when the hand-cuffs are placed on you. If you are guilty of something more severe, then use your better judgment rather than pre-canned rules.



posted on Jul, 29 2009 @ 04:09 PM
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What if you meet an officer that just seems nutty?

In my case it was a game warden when my wife and I were anchored in a little cove fishing on a nearby lake.

Game warden pulls his boat into the cove and does the usual check stuff (life jackets, fishing liscnese, no booze, etc). I've been through them bunches of times and its never been a big deal.

This officer just seemed angry for the start of it. I never said anything to him other than, "Yes sir, right here" when he asked to see something. But everything being ok just seem to make him more angry.

Finally he ran through everything and he was standing on his boat, I was standing in the middle of mine hands and my side and asked him...

"Do you want to see in the live well?"
"No!"

I tried to make converstation like you suggest...
"Ok, I've only caught a couple so far. Is anyone catching anything much today?"

Now - with all the other game wardens I've ran into this has been a real ice-breaker and they'll tell me how the fishing is, what they are bitting, etc.

This guy screamed.. "SHUT THE F*** UP!! I'M ASKING THE QUESTIONS!!"

As he did that his knees bent into a crouch, one hand dropped to his pistol. Three fingers around the grip, index finger down the side - a "draw" posistion. His face was as red as a beet and he was shaking all over.

Mind you I've not moved. I'm still standing in the middle of my boat - hands at my sides.

By this time a few others had pulled into the cove and people on shore were also looking.

In as calm a voice as I could I said...

"Why are you about to draw your weapon? I'm not armed, my hands are visible, I'm not moving and I'm no threat to you. Are you going to shoot me in front of my wife and all these witnesses because I asked you if the fish are bitting?"

He jerked his head almost in a "Whaaa?" reaction. Looked down at his hand on his pistol and his brows went up. Almost like he was surprsied to find it there. He looked around at everybody looking at him. He didn't say a word to me.

Still shaking he took his hand off his gun, got in the drivers seat of his boat, gunned the engine (nearly swamping us) and sped away leaving a big rootser tail as he sped across the lake (the whole lake is a no wake zone).



posted on Jul, 29 2009 @ 04:16 PM
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reply to post by fraterormus
 


I have had contacts with the police and I would usually call them sir or m'am. I would always make it seem like I am on their side of the law. this works well when you come from a police family.
I have argued before with police and it does get you into more trouble. It seems police are more worried about petty little things. I was arrested for parking tickets.
I was handcuffed to a chair when the man beside me who had stolen something; (he told me), had no handcuffs on. The only people who were still handcuffed were people on drugs.
If you owe the city money you are treated a lot worse. Especially if they know you are a good citzen. The reasoning behind that is it will scare that person to pay the fine and never break the law again.
Unforunately for me I was poor and had no money. When I got out; the next day I asked my boss for an advance on my paycheck. He gave to me then I paid the tickets.



posted on Jul, 29 2009 @ 05:15 PM
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Originally posted by octaviameister


2.) Cooperate with the officer. et al



I disagree with you on this point. One should NEVER voluntarily give up one's 4th Amendment rights against unreasonable searches and seizures. I have been advised if the Cops (or any Law Enforcement) come to your house and knock on your door, you are to go outside, NEVER invite them in, once you do, you have given up your 4th Amendment rights. Furthermore, I would suggest NOT allowing them to search you, unless they have "probable cause". Again, if you volunteer to be searched, you have given up your 4th Amendment rights. I believe if one were to consult with a criminal defense attorney, regarding searches, you would receive the same advise, NEVER voluntarily give up your 4th Amendment Rights.


Autowrench:
Absolutely correct. These rights only exist if you make them exist. A police officer cannot enter your home without a search warrant, and these must be sworn to in front of a Judge. Same goes for you automobile, if the officer asks you to step out, do so, take the keys, and lock the door behind you. Some cops will threaten to bring drug dogs, tell them to go ahead and do that, if it is their duty to do so. Remind them of their oath to uphold and defend the Constitution, and remember, without all equipment and documentation, the cop is not a cop.
The policeman must wear a full uniform, with cap, must have a business card with his name and badge number on it, and he/she must have a surety bond, and provide, upon request, the name of the bonding agent and the phone number of the bonding company. Also, those highway radar units must, according to the manufacturers, be installed and configured by "qualified personnel," and a policeman is not qualified. The units must be recalibrated every 30 days to be correct, and as the units emit a radio wave form, an FCC license must also be maintained, with a visible copy in the station house. (my own daughter got her ticket thrown out because of an expired FCC license) Now for the most important thing....keep your big mouth shut! Do not give them anything to use against you, they will. Do not volunteer anything. When you go to court to fight the ticket, yes, you fight every ticket, do not hire a lawyer, they work for the court, they are officers of the court! By hiring a lawyer, you are telling the court that you are not smart enough, or have any understanding of the law to represent yourself. When they call your name as it is written on the court documents, do not answer in the affirmative, for to do so is to board their ship. Stay on dry land by asserting that you, a flesh and blood person, name of First Middle: Last, stating that you have a name, and a second name, and you are of the family of the last name, are there to represent the legal fiction. Get it? The most effective way to defeat any traffic ticket is to destroy any claim of [jurisdiction] by the traffic court in your case. Legally the court must dismiss whenever the court lacks jurisdiction or loses jurisdiction.

Some research links for you...

The Citizens Rule Book
www.geocities.com...

THE BRITISH LEGAL SYSTEM OF MIXED COMMON AND ROMAN LAW
HAS BEEN USED TO ENSLAVE US(A)
www.detaxcanada.org...

Virginia Declaration of Rights (Basis of Common Rights)
avalon.law.yale.edu...

Are you sure you're a "driver"?
www.usavsus.info...

Original vs CORPORATE government
www.usavsus.info...

If you are confronted with explaining what the "UCC 1-207" does here is
your answer. www.landrights.com...

UNDERSTANDING COMMON LAW
www.friendsoffreedom.com...

THE SHERIFF - MORE POWER THAN THE PRESIDENT
fourwinds10.com...



posted on Jul, 29 2009 @ 05:28 PM
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Most important thing to remember is never do or say anything that will implicate you. The leo could use that information against you somehow.



posted on Aug, 1 2009 @ 02:27 PM
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Oh to live in America
.

I have found that the best way to deal with police is to be polite and to follow their instructions. I was in a bit of police trouble when I was in my early twenties. Bear in mind that I am from a pretty rough housing estate in Belfast, N. Ireland. The RUC in Belfast were not exactly known for their courteous ways in the early 90s.

I was a member of the UDR at the time (a military regiment in the British Army that only worked on security forces duties in N. Ireland), and I always carried a legally held firearm on me for personal protection. I was stopped while going to the shop late one evening. It was dark and I probably looked a bit dodgy. I was also a bit on the 'less than sober' side of the scale. The constable asked me if I had any weapons on me. Like a plonker I said yea and stated that I was in the UDR (I didn't have my ID on me at the time). As I was speaking I reached back and started to pull the pistol to hand it over.

Big Mistake. I quickly found myself face first against a wall with an MP5 and a revolver sticking up my nose. I was VERY luck I survived with just a couple of bruises to my forehead and ego.

Lesson learned - The police aren't looking for an excuse to shoot you. That said they have the right to defend themselves if required. They do deal with the dregs of society on a daily basis. They have become conditioned to think the worst of people - it's all they see. They are aware that even the most simple stop can be met with some drunken pr1ck pulling a gun on them. In my case the drunken pr1ck was a legally carrying member of society. In many cases it isn't.

In my scenario I made a number of mistakes. I should have had my ID on me. I should have informed the police from the outset that I was in the UDR and that I had a personal protection weapon on me. I should have kept my hands in plain view.

If you (legally) carry a weapon, let the constable/officer know that you have it. DO NOT just blurt out 'I've got a gun'! State that you have a conceale carry permit and that you are carrying now and tell them where it is. Let the police tell you how they want to play it, don't just assume.



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