I'm not a lawyer, so this is worth exactly what you paid for it.
"IMHO", I suspect that upon your admission that you had been drinking prior to the operation of your truck, coupled with the smell of ETOH on your breath, he had probable cause to suspect a crime was in progress.
IMO, that's all the justification he needed. He had already determined you were not intoxicated, but you had previously given him enough information to suggest that there was a high potential of a crime (open container) in progress
While I agree that being nice to the police is paramount, there is no requirement to aid a criminal investigation if you're the suspect.
The US 5th Amendment states "No person...shall be compelled in any criminal case to be a witness against himself...", by admitting to the alcohol use, you did just that.
He already had smelled your breath, so its likely he could draw probable cause from that observation alone; but you firmed up his suspicion by your comment.
The 5th Amendment gets a bad rap, but it is (and was) intended to protect the common folk from inadvertently giving information (even truthful information) that can later be used against you in court.
If he was on shaky ground before your admission, it appears to me he got a firmer stance when you spoke. Noble? maybe......good for you? Probably not so much.
Just my opinion. Nice is one thing, conviction by your own admission is something else.
LabRat
Search found 1 match
Return to “incident with Johnson County Sheriff”
Search found 1 match
• Page 1 of 1
- by LabRat
- Wed Feb 15, 2012 12:33 pm
- Forum: Never Again!!
- Topic: incident with Johnson County Sheriff
- Replies: 138
- Views: 24875
Search found 1 match
• Page 1 of 1
Return to “incident with Johnson County Sheriff”
Jump to
- Administrative
- ↳ Site Announcements, Questions & Suggestions
- ↳ Test Area
- ↳ Technical Tips, Questions & Discussions (Computers & Internet)
- Resources & Links
- ↳ CHL Checklist
- ↳ Government resources & CHL-related links
- ↳ DPS Updates
- National Rifle Association, Texas Firearms Coalition & Good Guys United
- ↳ National Rifle Association
- ↳ Texas Firearms Coalition
- ↳ Good Guys United
- General
- ↳ General Gun, Shooting & Equipment Discussion
- ↳ General Texas CHL Discussion
- ↳ Gun and/or Self-Defense Related Political Issues
- ↳ Rifles & Shotguns
- ↳ New to CHL?
- ↳ The "Waiting Room"
- ↳ Other States
- ↳ Shooting Ranges
- ↳ Reloading Forum
- ↳ Never Again!!
- ↳ Competitive Shooting
- ↳ Hunting Photos
- ↳ Books & Videos
- ↳ Off-Topic
- ↳ Ladies
- ↳ Anti-gun propaganda and other lies!
- ↳ Second Amendment Cases
- Day-To-Day
- ↳ Holsters & Accessories
- ↳ LEO Contacts & Bloopers
- ↳ "How To" Tips
- ↳ Job Board
- ↳ Camp's Corner
- ↳ Prayer Requests & Updates
- ↳ The Crime Blotter
- ↳ Self-Defense Reports
- ↳ Training & Practice
- Instructors , Classes and Training
- ↳ LTC Class Schedules & Locations
- ↳ Basic & Advanced Training (Non-LTC)
- ↳ Past Classes
- ↳ Instructors' Corner
- ↳ General
- Market: Buy, Sell, Trade - Please check the minimum posting requirements in Forum Rule 13
- ↳ Holsters, Accessories, Reloading Equipment & Supplies
- ↳ Firearms
- ↳ FFL Holders
- ↳ Closed Items
- ↳ Commercial Vendor Bargains and Deal
- ↳ Non-Firearm related items
- Community Service Announcements
- ↳ General Announcements
- ↳ Animal Rescue
- ↳ Prior Year TexasCHLforum Days
- ↳ 2012 TexasCHLforum Day at PSC
- ↳ 2010 TexasCHLforum Day at PSC
- ↳ 2009 TexasCHLforum Day at PSC
- ↳ TexasCHLforum Day at PSC 2008
- ↳ Feedback - 2007 TexasCHLforum Day at PSC
- ↳ 2007 TexasCHLforum Day
- Legislative
- ↳ General Legislative Discussions
- ↳ 2019 Texas Legislative Session
- ↳ Governor's Abbott's "School and Firearm Safety Action Plan"
- ↳ Crimes on Campus
- ↳ Prior Session: 2005 - 2017
- ↳ 2015 Legislative Session
- ↳ 2013 Texas Legislative Session
- ↳ 2013 Calls-To-Action
- ↳ 2011 Texas Legislative Session
- ↳ 2009 Texas Legislative Session
- ↳ 2007 Texas Legislative Session
- ↳ 2005 Texas Legislative Session
- ↳ Goals for 2007
- ↳ Concealed Carry on College Campuses
- ↳ 2017 Texas Legislative Session
- ↳ 2017 Legislative Wish List
- ↳ Federal
- Elections
- ↳ Prior Year Elections
- ↳ 2012 Texas & Federal Elections
- ↳ Texas - 2008
- ↳ Federal - 2008
- ↳ 2014 Elections