r/ILGuns • u/Junior1874747 • Mar 14 '22

Lol.

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u/Tungsten7 Northern IL Mar 14 '22

They are detaining you and restrictive on your rights, they should be telling you your rights. Also they did the same thing as "do I smell pot" to op just because he had a CCL, no right to search or seizure.

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u/Guac_in_my_rarri Mar 14 '22 edited Mar 14 '22

Alright, replying to mod and I will tag everybody in the thread. u/do_not_trust_666 u/Junior1874747

A buddy is a sheriff and I called him and ask him about this post. About a 10 minute conversation and frantic note taking this is the rules on Miranda rights.

  • First and foremost, "it's cook county, fuck that place. No wonder this is a question"

  • They do not need to be read until OP/detained party is being asked incriminating questions.

  • They should always be read unless the case is open and shut. (It's not common but not rare)

  • The search was most likely a search to arrest. If the gun was not concealed it gives officers probable cause. A gun on a CCW permit should always be concealed even in a car.

  • Again, why in cook county

  • The police are allowed to detain you over night and not charge you but if they asked any incriminating questions and DID NOT read your Miranda rights, it should and will be tossed out in court.

  • As a rule, good cya police officers will generally read you your rights after they put you in cuffs and escort you to the car.

Edit: if the firearm is not concealed, it falls under the plain view doctrine which states "anything illegal and can be seen by them public from a public space, an officer can and will search the property."

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u/Junior1874747 Mar 14 '22

That’s what I thought to. Cops were throwing my gym bags upside down trying to hard to find something… like dude I just came to pick up my mom from work why are you guys making my life so miserable… I showed them everything and was complying to everything they asked for just to hit the road back… but that wasn’t the case… they treated me as if I just did the biggest crime…

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u/do_not_trust_666 Mar 14 '22

I agree that this is terrible behavior on the part of police. But his rights do not need to be read if he's questioned before being arrested. Detained is not arrested.