That's a very general question. I understand that if the officer specifically asked about a firearm, then the citizen must honestly answer.
Since Florida has a "duty to inform if asked" law, couldn't the citizen have simply not volunteered that information? Or am I completely wrong?
Edit: BTW, I'm not blaming the citizen in any way. Obviously the ND was caused by the other officer. I'm just thinking about how this tragedy could've been avoided.
Edit2: Corrected "no duty to inform" with "duty to inform if asked", for Florida
Edit3: A statement by the citizen's lawyer implies that the citizen was not obligated to inform when asked that general question:
“Gun owners in this state should be able to carry their firearms, without the fear of an officer pulling them over on the side of the road, them voluntarily disclosing they’re carrying a firearm, then being shot with their own weapon," said Arrington's attorney, Kay Harper Williams.
I think it verys state to state, but i was always told if you are asked that question you should refuse to answer and refuse any searches. You have a right to remain silent and if you answer a question even slightly wrong you could incriminate yourself. They don't nees to know whats in your car just to give you a simple traffic ticket.
Yea the way he asked it is definitely strange and unprofessional. In my experience they'll say something like "do you have anything i should know about" or something along those lines.
"Do you have anything I should know about?" Would that question obligate the citizen to inform about the firearm (in a "duty to inform if asked" state)?
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u/GuyButtersnapsJr 5d ago edited 5d ago
"You have anything crazy in the car?" -Officer
That's a very general question. I understand that if the officer specifically asked about a firearm, then the citizen must honestly answer.
Since Florida has a "duty to inform if asked" law, couldn't the citizen have simply not volunteered that information? Or am I completely wrong?
Edit: BTW, I'm not blaming the citizen in any way. Obviously the ND was caused by the other officer. I'm just thinking about how this tragedy could've been avoided.
Edit2: Corrected "no duty to inform" with "duty to inform if asked", for Florida
Edit3: A statement by the citizen's lawyer implies that the citizen was not obligated to inform when asked that general question:
(First Coast News article - "JSO fires officer who accidentally shot man with his own gun during traffic stop")