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A question about traffic stops and CCW

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RLMoeller:
How do you define "official contact"?  During a traffic stop, is the driver is normally the only person in the vehicle having "official contact".

abbafandr:
My understanding is 'official contact' is if a LEO requests your ID.

Famous556:

--- Quote from: lightem up on March 11, 2013, 04:17:11 PM ---As I understand it, if you are the passenger you do not unless he ask for your ID.

--- End quote ---

This.  If you are not carrying you have no duty to do anything other than what you would normally do when stopped by the police.  If you choose to be courteous then you could inform the officer of your CHP and that you're not carrying, but unless he runs your ID or name he wouldn't know anyways. 

My understanding of an official contact is anything beyond the normal small talk passing in the street type of stuff.  I'm not sure there is an exact definition but as some others have suggested here if LEO is asking for your ID I would consider that an official contact... however I wouldn't consider that the be all end all qualification for official contact.  Use your good judgement.

I would also agree with Rod that during a typical stop the driver is the only one having official contact, but if the attention or questioning is turned to you as a passenger for any reason I would say that would then be an official contact to you as well.  HOWEVER, If I was carrying and was a passenger I would offer this information to an officer whether he was paying me any attention or not.  Seems like a grey area that could potentially lead to a CHP violation charge and maybe a conviction under the right circumstances.  Again judgement here is key.

This is all my opinion of course and may not be worth anything to anybody else.  I'm not a lawyer and have no legal training.  I'm just sharing what I myself would consider official contact.

unfy:
My Two Cents:

If you're not carrying you don't have to say anything.

If you are carrying - you *have* been stopped.  As a passenger, you can't get out of the car and walk away, now can you ? 

Declare yourself.

GreyGeek:

--- Quote from: Famous556 on March 11, 2013, 08:16:57 PM --- Seems like a grey area that could potentially lead to a CHP violation charge and maybe a conviction under the right circumstances.
--- End quote ---

That is my concern, especially if an aggressive prosecutor is against you, or you are in Omaha.   As I read it the law is not clear, but the way many prosecutors read the law these days they can find a law which makes almost any event a potential felony, even something minor like "resisting arrest" for protesting the demand to stop  video taping them doing their work in a public place.

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