Gunner75

So where did this all take place in the story? Your starting to follow Magley's lead with grasping at improbable ideas.

So if I ever record any stop that I am involved in, then Im looking for a payday?

Not aware of any laws that would prevent that. Its common to have a CHL instructor to recommend having a voice recorder on you at all times incase of a stop so you can record the interaction of the officer and any instances where the officer might violate your rights. Police can record you so why is it a bad thing for you to record them? It should keep everyone on the up and up.

thats up to the judge and/or jury to decide if his rights being violated are worthy of such a reward

I will clarify this with my friend who runs the Beavercreek BMV She got back to me faster then I had anticipated. I formed my comment above into a question and her answer is "No you have to retest unless you can prove that the endorsement was dropped by BMV due to a glitch"

Obviously hes having a hard time grasping what a LEO is and isnt allowed to do when enforcing the laws.

Thats why they are paid to investigate, and since the bill of rights protects ones right to not self incriminate there is no reason, the officers violated his rights or unlawful search and seizure and unlawful detainment.

In order to be required to identify who you are, you must be suspected of wrong doing (committing a crime or about to commit a crime), open carry of a firearm is perfectly legal according to ORC 9.68 therefore not a crime so a reason to identify is not fulfilled. http://codes.ohio.gov/orc/2921.29 2921.29 Failure to disclose personal information. (A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following: (1) The person is committing, has committed, or is about to commit a criminal offense. (2) The person witnessed any of the following: (a) An offense of violence that would constitute a felony under the laws of this state; (b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property; © Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section; (d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)© of this section has been, is being, or is about to be committed. (B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree. © Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth or for refusing to describe the offense observed. (D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing. Effective Date: 04-14-2006

Ill give you that much, but police are there to investigate crimes, there was no crime committed so there its a waste of money and public resources to investigate a noncrime.

So where is this law that specifically says one must carry their ID at all times regardless of where they are and what they are doing

Its called common sense, the person making the call says, "yeah Im at speedway getting gas, and someone walked into the store with a gun" The dispatcher should have asked "What is the person doing with it, are they waving it around" What the dispatcher probably said was "Ok we will get someone out there"

First off it would have been up to the dispatcher to verify that a crime was taking place as open carrying of a firearm is legal. Had I been an officer who was dispatched, I dont know how to respond to such a call as I am not trained in the laws that these officers should have been trained in.

And the area in which he was detained isnt the greatest area, its right next to a shitty apartment complex, and less then a quarter mile from the Riverside Police station right off route 4.

HE WASNT DRIVING WHEN THE POLICE INITIATED CONTACT WITH HIM, THEREFORE HE WASNT REQUIRED TO HAVE IT ON HIM Jesus christ do you know how to read?

Highly doubt that he knew for a fact he was going to be stopped or detained. Saying that makes you look like a jackass and would imply guilt on everyone man, and woman, who leaves their wallets and purses with their IDs in their vehicles and just use cash to pay for gas, or to get a pop.

If he had left his ID in his wallet in his vehicle. I dont always carry my ID on me when I get out of my vehicle.

just gotta find one, Ive been lucky and come across 3 in my life

ok let me tell it to you so you will understand, he was not driving his vehicle when the cops initiated their interaction with him, he was inside the store

Its required to have while driving, he wasnt driving when he was detained. So it wasnt needed

he didnt lie, lieing would be saying he is someone other than he is, he didnt identify is what he didnt do, they asked him if he had his id on him, he said no, even though it was in his truck, it wasnt on him. So he didnt lie, he side stepped the question neither is illegal

How? There is no law that says you must identify, there is no law that says you must carry Identification. edit, you must identify if you are being detained, and you can only be detained if there is a reasonable suspicion of a crime being committed. Open carry of a firearm is protected by ORC 9.68 and the second amendment, therefore not a crime so detainment was in effect illegal

This is going to come down to the legality of Terry Stops.

They probably asked him if he had ID on him, he most likely answer no because it wasnt on him, it was in his truck

He intentionally went out to get a rise out of the cops, he has a history of doing so so yes he did initiate it. Im not saying what he did is wrong but hes going about it the wrong way.

I can promise you this there are woman who actively like taking it in the pooper chute because they can get off that way.