Originally Posted by orangello
I agree that he probably should've been a bit more concise and to-the-point on where he had been. I also agree that 1100 rounds is a lot of ammo to be carrying around; i would only have that on me on the way home from a gunshow or while in the process of moving to a new home. Of course, we don't really know how much of that TMI was in response to officer questions.
I agree...coming home from a gun show with that amount of an ammo purchase, or moving to a new location...good reasons to have this on you...or more. OR, if we were truly in serious SHTF scenario...really serious.
For the reasons he gave, and the picture he painted in the mind of the officer...not a good reason.
And again...just because an officer asks you a question, does not mean you must answer it. You have a legal right to silence and not incriminating yourself through the 5th Amendment. Once you start the flow of information, you have waived that right.
He should have limited his discussion to 3 or 4 main areas :
Why have you stopped me?
Am I being detained? If so, why?
Am I under arrest? If not, then may we go?
No? Go back to number two and repeat...are we being detained, and why....
Asking to conduct a search for contraband. Myself, I would not consent to any searches...he should show probable cause and get a warrant. In this case, first asked question of carrying drugs and weapons. Tough one...you are not obligated to answer...if you know you have no drugs and have a weapon, well you can state that, but still not consent to searches. You might be asked for the officer to temorarily hold the guns while stopped, for his personal safety concern, as sometimes happens with CCW holders. This could be OK, but I still would not consent to searches.
In his case, the officer used his dog and lied about the dog ID'ing drugs...like I said, "probable cause" is almost a joke as officers are trained to lie to get around that. And this is law we are supposed to respect?
It is not easy to do, and cops will intimidate to answer their questions, but EVERYTHING they are engaging questioning in WILL be used AGAINST you. That being said, during the process it is important to always be respectful and polite.
The 1100 rounds of ammo...I guess I would have simply stated that I was committing no crime by having that in transport and left it at that...all of the rhetoric about trouble at the rally and SHTF scenarios...don't go there.
Might you still be taken in, or charged with something...perhaps, but there will be less on spoken record to use against you, and less for your attorney to untangle and defend against later.