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A question about traffic stops and CCW

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Chris Z:
From the NSP Rules and Regs:   https://statepatrol.nebraska.gov/media/10070/ccwregs.pdf

002.05 “Contact with a peace officer” shall mean that the permit holder has been stopped, detained, questioned or addressed by a peace officer for an official purpose or in the course of his or her official duties.



I guess if you are in a car that has been stopped, technically you have been detained, as you ARE NOT FREE to jump out of the car and leave. So if you are in a vehicle that has been stopped, you would have an obligation to tell the Officer.

As mentioned elsewhere above, if you are not carrying then you are not required to inform them.... However if the Officer  were to take your drivers license for a data check, it is a wise idea to tell them up front you are a permit holder whether carrying or not.

Husker_Fan:
I was going to type something, then I read Chris's response. What he said.

pfinn:
I have had something similar happen twice while I was carrying. Both were in Johnson county.

The first time the car I was in was pulled over, and the officer asked for the driver's information I informed her I was a CHP holder, and was carrying on my right hip. She said thanks and went about her business with the driver.

I later talked to an OPD friend of mine about the situation, and he said I was required to inform. While not directly being addressed, I was being detained for an official purpose.

The second time was in a small town, I had pulled into a deer check station and a deputy pulled in behind me. He had seen the antlers in the bed of the pick up and wanted to see what I had shot. We talked deer for a few minutes, then he asked to run my license before I went on my way. It was at THAT point I declared to him. He didn't seem to care at all.

On a side note, the deer check station was closed that morning, so he worked through dispatch to find me the nearest open station so I could get it checked and off for processing. Good guy.


--- Quote from: Chris Z on March 12, 2013, 04:18:18 AM ---...you ARE NOT FREE to jump out of the car and leave...
--- End quote ---

The litmus test for me is whether if I can freely walk away...

bullit:

--- Quote from: pfinn on March 12, 2013, 07:27:17 AM ---then he asked to run my license before I went on my way. It was at THAT point I declared to him. He didn't seem to care at all.
--- End quote ---

pfinn....situations like this give me pause for "concern" i.e. LEO on a "fishing expedition".  I was not there, but based upon you report i.e. he pulled you over to see your deer, I believe I would have questioned his/her RAS for wanting to see "my papers".  Starting to stray a little off topic and I would have complied with their request, but still bothersome.....

pfinn:

--- Quote from: bullit on March 12, 2013, 09:02:59 AM ---...I would have questioned his/her RAS for wanting to see "my papers".  Starting to stray a little off topic and I would have complied with their request, but still bothersome.....

--- End quote ---

He can ask whatever he wants, I knew my rights and I chose to comply. He couldn't compel me to give him anything without reasonable suspicion. Him asking didn't bother me at all, but I did figure we had moved into the realm of "Official Contact" at that point.

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