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by Wes
Mon Jun 10, 2013 5:38 pm
Forum: General Texas CHL Discussion
Topic: DPS Serial Number Check Strategy
Replies: 78
Views: 13838

Re: DPS Serial Number Check Strategy

YOU HAVE GUN, he has the authority to disarm you PERIOD! This is not something he has to justify his actions for later. IF the officer feels it is reasonable for his safety to disarm you he can. There is not a level of suspicion required.
This sounds a bit contradicting to me by saying he doesn't have to justify his actions yet you add if the officer feels it is reasonable. Saying the officer has to have a reasonable safety concern, as the law states, would mean he does have to justify it. I understand what you are trying to say but an officer can not just do anything he wants here. Granted, he could say you not having your hands on the steering wheel made him have safety concerns and it would be enough, but if he comes out and says it was to run the serial number then that is not allowed by law IMO. As vague as the law is, I will agree that the court will almost always side with the officer on a disarming case though.

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