TexasCHLforum.com

Hey friends I am new to this site and need your input. I just received my CHL in May and was pulled over yesterday by a police officer for "Passing Marked Stop" ( try looking that up and tell me he wasn't fishing for city revenue) and was so shocked that I forgot to give him my CHL, he threatened to take me to jail and he searched my car(i don't own a gun so not one in car), gave me a ticket for "Passing Marked Stop" and then said he was personally sending a request to have my CHL revoked. Has anyone ever had a similar situation occur? My officer friends are looking into it for me but I need forum input. Thank you.

Interesting first post.

There is no requirement to show your CHL if you are not armed. Did you give permission for the search?

Didn't the State remove the duty to inform altogether a year or two ago? And regardless, if you didn't have a firearm on your person, you had no legal duty to inform. Did you consent to the search of your car, or did was this a "Terry search"?

(from Wiki: Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous.")

What you have described doesn't sound right at all. I hope you got the officer's name. You shouldn't need to worry about having your CHL revoked - it sounds like the officer involved doesn't have the slightest idea what he's doing. It would be a good measure to call DPD and be persistent in voicing your concerns regarding the stop to some official. They are a sprawling, very busy department - getting a hold of the right person might take some effort, but I think you ought to do it anyway. Everyone benefits when the community provides feedback on the "services" rendered by the department.

There has never been a duty to show your CHL unless you are armed. (I recommend doing so anyway.) In 2009, we removed the penalty for failing to display your CHL even if you are armed. If the officer does submit an affidavit to DPS for suspension, his incompetency will be on display for everyone.

Chas.

knoxknoxrocks wrote:Hey friends I am new to this site and need your input. I just received my CHL in May and was pulled over yesterday by a police officer for "Passing Marked Stop" ( try looking that up and tell me he wasn't fishing for city revenue) and was so shocked that I forgot to give him my CHL, he threatened to take me to jail and he searched my car(i don't own a gun so not one in car), gave me a ticket for "Passing Marked Stop" and then said he was personally sending a request to have my CHL revoked. Has anyone ever had a similar situation occur? My officer friends are looking into it for me but I need forum input. Thank you.

Since you were not carrying, there is no duty to inform. Second, even if you were carrying and forget to inform, there is no longer a penalty for failing to do so. I would contact the appropriate police department and make sure you file a complain. That officer needs remedial training. Did you consent to have your car searched? He had no probable cause. You should have refused and asked for a superior officer to come to the scene.

did give permission to search.

knoxknoxrocks wrote:did give permission to search.

Again, file a complaint with DPD.

thank you all for your input. i did not have a weapon in the vehicle or on my person. I don't own one yet and was so shocked for being pulled over that i didn't pull it out.

I will be filing a complaint and have badge number and name. I even know his salary. It's too bad though because I know some amazing officers in town. A few are even helping me out with this.

What was the violation cited for? "Passing Marked Stop" What is the statute number?

Would be great if you could post a clear picture of the citation (understand you might want to redact your personal info)


Thanks

bronco78 wrote:What was the violation cited for? "Passing Marked Stop" What is the statute number?

Would be great if you could post a clear picture of the citation (understand you might want to redact your personal info)


Thanks

This is a stop sign violation where you end up stopping, but you roll passed the marked stop line on the pavement.

§544.010 - STOP SIGNS AND YIELD SIGNS
(a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).
(b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).
(c) An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.

Feel free to file a complaint if you want to, personally I would go to the station and just speak with his Captain, explain the situation in a calm and professional manor and suggest that they go over CHL laws during one of their internal briefings. Filing a complaint will make an enemy of the officer and in the end nothing will come out of it, sometimes we need to educate the peace officers the same way we educate new CHL holders. IMO letting them search your vehicle was a mistake, but to each their own..............

Did I mention he said he could arrest me and take me to jail for not showing him my license?

Since you were not armed, his threat to take you to jail is meaningless. The officer needs serious remedial training for dealing with CHL holders.

As for searching your car, maybe you felt bullied into compliance because it sounds like the cop was a bully. However, say this out loud to yourself over and over until it rolls off your tongue as easily as your name does, “I do not consent to searches.”

Try it out loud, “I do not consent to searches.” “I do not consent to searches.” “I do not consent to searches.”

If the cop asks, “are you hiding something?” simply say, “I do not consent to searches.”

If the cop says, “I’ll just take a quick look and you can be on your way.” You say, “I do not consent to searches.”

If the cop says, “I can bring a dog here and if he alerts I will have cause to search.” All you say is, “I do not consent to searches.”

If they have probable cause, they don’t need your consent so they won’t ask. Otherwise, “I do not consent to searches.”

knoxknoxrocks wrote:Did I mention he said he could arrest me and take me to jail for not showing him my license?

He could arrest you and take you to jail for having bad breath --though I suspect he was probably just trying to intimidate you. If an officer really wants to take you to jail he can find or make up something and there's nothing you can do about it until afterwards.