Recent threads about open carrying in public places, like Wal-Mart, has renewed in me a question about Indiana law WRT police powers vis-a-vis my Personal Protection Permit. If a person has a PPP, when is a police officer permitted to demand to inspect said PPP, as the Indiana page here on USACarry.com claims they have the authority to do.
Since this is specific to Indiana, here is the relevant law:
IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
So, this seems to indicate that the police can demand that you ID yourself, and if you refuse, it's a Class C misdemeanor, but does this extend to divulging my PPP status? Being that it's not mentioned in the statute, I would say no.
But wait, even this statute is limited to being asked for ID after being stopped for suspicion of an infraction or ordnance violation, so there would have to be at least the Terry stop criteria of Reasonable, Articulable Suspicion that I have committed, am committing, or am about to commit a criminal offense of some degree. Unarguably, if it were such a case, they have the authority to determine both, whether the person they suspect of criminal conduct is armed, and in addition, if that person is permitted to be armed in public. But still, does the condition on being charged with the Class C misdemeanor for refusing to ID oneself also govern whether you could be charged with the Class C misdemeanor for refusing to divulge whether or not you hold a PPP? Meaning if the Indiana police officer confronting you cannot give RAS, then manifestly, under the above statute, you cannot be charged with the Class C misdemeanor for refusing to ID yourself by one or the other of the listed means, but could you still be charged, or otherwise suffer legal ramifications, if the police officer cannot or does not give RAS and is demanding to see your PPP, and you refuse?
Vis-a-vis the open carrying at Wal-Mart thread, which resulted in being accosted by police, if it happened in an Indiana Wal-Mart, could the police have the authority to arrest you on suspicion of violating IC 34-28-5-3.5 or other statute for refusing to divulge your PPP status, if they accost you for OCing in Indiana, being that carrying a firearm in public in any mode requires said PPP?
I say no, if they cannot, at a minimum, cite RAS, and the fact that you are open carrying cannot be said RAS. It would be tantamount to pulling you over while you're driving for suspicion of operating a motor vehicle without a license. If you were speeding, changed lanes without signalling, or failed to stop at a stop sign, etc., then that would constitute RAS (actually, PC if witnessed by the police officer), but merely packing heat opening is not sufficient RAS to demand to see my ID, let alone my PPP.