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  • Info needed from Indiana LEO

    I'm in need of some info re: Indiana open carry/CCW laws and vehicle code type infractions. If you can provide the exact code sections, that would be helpful too.
    1) If an officer stops a person for a traffic violation and the violator has a "carry" permit, is there a mandate to notify the officer that the subject is armed?
    2) Are there laws generally prohibiting concealed or open carry within a vehicle, that (if the driver wasn't in possession of a permit) would lead to his/her arrest for weapon's violations? (I know this sounds stupid, but please bear with me.)
    3) Are violators of traffic infractions (ie: speeding) required to sign a notice/promise to appear before being released at the scene and if they refuse, are they subject to arrest?

    Thanks for any and all help!
    "I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."

  • #2
    Originally posted by pulicords View Post
    I'm in need of some info re: Indiana open carry/CCW laws and vehicle code type infractions. If you can provide the exact code sections, that would be helpful too.
    1) If an officer stops a person for a traffic violation and the violator has a "carry" permit, is there a mandate to notify the officer that the subject is armed?
    2) Are there laws generally prohibiting concealed or open carry within a vehicle, that (if the driver wasn't in possession of a permit) would lead to his/her arrest for weapon's violations? (I know this sounds stupid, but please bear with me.)
    3) Are violators of traffic infractions (ie: speeding) required to sign a notice/promise to appear before being released at the scene and if they refuse, are they subject to arrest?

    Thanks for any and all help!
    1) No
    2) No permit no carry on your person inside the vehicle. Period The only place you do not need a permit to carry is in your home.
    3) Not for a common ticket. If they commit a misdemeanor crime the officer can promise to appear rather than send them to jail. If they refuse to sign the promise to appear then they can be sent to jail instead. It is up to the officer.

    Comment


    • #3
      Originally posted by MCSD241 View Post
      2) No permit no carry on your person inside the vehicle. Period The only place you do not need a permit to carry is in your home. Or your FIXED place of business.

      Comment


      • #4
        Originally posted by MCSD241 View Post
        1) No
        3) Not for a common ticket. If they commit a misdemeanor crime the officer can promise to appear rather than send them to jail. If they refuse to sign the promise to appear then they can be sent to jail instead. It is up to the officer.
        Is this what you call the Promise to Comply? The option available to residents of other jurisdictions that are members of the Nonresident Violators Pact. This allows residents of States that are members to sign the citation in lieu of posting bond on traffic tickets. According to Rule 501 (g) Alaska, california, Michigan, Montana, Oregon, and Wisconsin are the only non members now.

        Comment


        • #5
          In Indiana, driving while suspended is only an arrestable offense for Indiana ID/permit/DL holders. We have 3 levels of DWS: infraction (ticket), suspended/prior (prior conviction within 10 years, jail or summons), and habitual traffic violator (felony). I was advised that Indiana BMV/legislature considers all other states suspended driving status as our infraction part of the statute so I only issue a UTT. IN doesn't require you to post a bond on tickets, you either pay it within 60 days or appeal it. As far as issuing someone a summons for a misdemeanor, if they are out of state and just passing through it has been my practice to take them into custody because its a good possibility that they won't return to IN to answer to the charge.

          Hope I didn't confuse you too much...

          Comment


          • #6
            Thanks all for your replies. I'm still a bit confused and it's obvious that your state handles things differently from mine. If an Indiana resident is stopped for a traffic infraction (ie: a stop sign violation) and you were to notice a concealed weapon (handgun) in that person's possession, would I be wrong in assuming a correct response would be to secure it (pending verification that he was properly licensed)? If that person did have a license, are you still permitted to secure the weapon until the investigation is concluded?

            If the subject was issued a citation for the traffic offense and refused to sign the cite, in CA he/she would be arrested and would have to post bail/bond because there was a refusal to promise to appear in court. What happens in Indiana, when someone is written a cite, refuses to promise to appear and then fails to appear or otherwise handle the cite? In CA, a warrant is issued. In Indiana, how is a warrant issued when the defendant never promised to appear in the first place?

            Do Indiana officers have any discretion to arrest when a violator tells them he/she has no intention of signing the cite, showing up for court or otherwise (properly) handling the violation?
            "I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."

            Comment


            • #7

              Yeah. I listed that first then I erased it...I wasn't 100% on that. Thx IMPDSW

              Comment


              • #8
                Originally posted by pulicords View Post
                Thanks all for your replies. I'm still a bit confused and it's obvious that your state handles things differently from mine. If an Indiana resident is stopped for a traffic infraction (ie: a stop sign violation) and you were to notice a concealed weapon (handgun) in that person's possession, would I be wrong in assuming a correct response would be to secure it (pending verification that he was properly licensed)? If that person did have a license, are you still permitted to secure the weapon until the investigation is concluded?
                Yes, is it up to the officer but you are correct.

                Originally posted by pulicords View Post
                If the subject was issued a citation for the traffic offense and refused to sign the cite, in CA he/she would be arrested and would have to post bail/bond because there was a refusal to promise to appear in court. What happens in Indiana, when someone is written a cite, refuses to promise to appear and then fails to appear or otherwise handle the cite? In CA, a warrant is issued. In Indiana, how is a warrant issued when the defendant never promised to appear in the first place?
                They would still issue a warrant. We can actually send in the promise to appear paperwork WITHOUT the signature in this county and they will still consider it valid. Me personally, if I have to do all the same paperwork as an arrest...then I'm going to make an arrest. I rarely do a summons.

                Originally posted by pulicords View Post
                Do Indiana officers have any discretion to arrest when a violator tells them he/she has no intention of signing the cite, showing up for court or otherwise (properly) handling the violation?
                Yes for the most part. They would like us to make an outright arrest in lieu of a summons if we cannot verify their information.

                Comment


                • #9
                  Originally posted by pulicords View Post
                  Thanks all for your replies. I'm still a bit confused and it's obvious that your state handles things differently from mine. If an Indiana resident is stopped for a traffic infraction (ie: a stop sign violation) and you were to notice a concealed weapon (handgun) in that person's possession, would I be wrong in assuming a correct response would be to secure it (pending verification that he was properly licensed)? If that person did have a license, are you still permitted to secure the weapon until the investigation is concluded?

                  If the subject was issued a citation for the traffic offense and refused to sign the cite, in CA he/she would be arrested and would have to post bail/bond because there was a refusal to promise to appear in court. What happens in Indiana, when someone is written a cite, refuses to promise to appear and then fails to appear or otherwise handle the cite? In CA, a warrant is issued. In Indiana, how is a warrant issued when the defendant never promised to appear in the first place?

                  Do Indiana officers have any discretion to arrest when a violator tells them he/she has no intention of signing the cite, showing up for court or otherwise (properly) handling the violation?
                  Maybe what is confusing is that in Indiana, you don't have to sign a traffic ticket for an infraction (disregarding stop sign/red light, no headlights, etc). The only "citation" you have to sign is the summons (misdemeanor arrest).

                  Comment


                  • #10
                    Originally posted by MCSD241 View Post
                    Thx IMPDSW
                    Don't knock it until you've tried it. My run load has dropped considerably so I have more time to do proactive stuff and study for the Sgt test.

                    Comment

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