Marine Cpl
.577 Tyrannosaur.
I respectfully disagree. There is nothing in the NY Penal Law that says lying is illegal.Will,
I'm not sure I agree with you about the "Lying isn't illegal" comment. I have read of arrests where the police officer asked someone in a vehicle for their name and date of birth, and then arrested them for lying. In fact, I remember reading just 1 week ago in the Buffalo News about a woman passenger in a car with 3 warrants out for her arrest who gave a false date of birth to an officer during a traffic stop in the hope of avoiding being arrested. I seem to recall that she was charged with Obstruction or something similar over lying about her DOB.
I wish the laws were uniform across the country. In lieu of that, if I am stopped while driving, and the officer asks to see my license (which is normally in my back pocket), while my hands are on the steering wheel, I plan to state to him: "Officer, before I reach for my ID, I am informing you that I have a valid NY concealed carry permit, and I am carrying. How would you like me to proceed?"
In those cases where a person gives false information to identify themselves, if it doesn't check out, they are arrested so that their identification can be verified for warrant purposes.
You aren't under oath at a car stop. And a law enforcement officer in this state is breaking the law by asking you if you are armed at a routine traffic stop.
There are two types of law enforcement officers. Those that do their job and those that are going beyond and are fishing.
When you get the good one that doesn't ask and just runs your information, checks for warrants, and either gives you the ticket or a warning after you come up clean, everything is working as it is supposed to.
When you get the one that asks illegally if you are armed, he or she is the one that is looking for trouble. So why should you introduce a variable into the equation that can only go wrong?
By saying no, he or she is supposed to take your word and run your license that WILL come up clean and do his job by issuing you the ticket. If he asks you to step out of the car even after your information comes up clean, you have a guy or gal that is violating your rights in searching you since you aren't suspected of a crime and your information has come up clean. He or she is now making a conscience choice to find something wrong to lock you up on when there is no probable cause that you committed any crimes.
At that point things have gone wrong from his end and informing him after he orders you outside the vehicle that you are legally carrying makes no difference. He or she is already wrong and looking to make your life miserable.
The way I see it, more things can go wrong by informing him during the initial encounter then by not. You are introducing a variable into the equation that has no bearing on the routine traffic stop for speeding and informing him or her can lead to additional factors.
It sounds like I'm a hardliner but I'm only looking out for my own safety and it's none of his business if a legally armed and licensed law abiding citizen is carrying. You mean him no harm as a law abiding citizen so questions by him or her are pointless. A criminal is never going to say yes.