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by Jim Beaux
Mon Oct 15, 2012 11:17 am
Forum: General Texas CHL Discussion
Topic: A "first" when stopped by DPS last night
Replies: 187
Views: 38091

Re: A "first" when stopped by DPS last night

puma guy wrote:
knotquiteawake wrote:
carlson1 wrote:When you stepped out of your vehicle you should have turned it off, took the keys with you, and locked your doors.

If he ask why did you do that just as friendly as you can say, "it is a habit."
I like this idea in theory... until I pictured it with my wife still inside "rlol" ."
Only Aggies get locked inside their cars. Before all the Maroon blooded folks get upset, my dad, a die hard Aggie Class of 1940, told me that joke.

Scott, I had a "different" stop by DPS that I posted. It was different for a other reasons, but I refused to stand in front of the troopers cars when directed to do so. I think it was a rookie. She had me stand three feet in front of her while she held up my TDL and checked back and forth three times to make sure it was me. BTW it was 1 o'clock on a sunny summer day. The picture was only a year old at the time and 64 year olds don't change all that much anyway.
It's a difficult thing to do to stand for your rights when you're thinking maybe you'll get off with a warning. However, for me, I will politely refuse any searches. I would of course comply with the officer taking the weapon, but if he/she did a serial number check I would report him/her. That's an illegal search in my opinion as there was absolutely no cause whatsoever to suspect it's stolen. After experiencing my stop I will never answer any questions that are irrelavent to the stop or CHL/CCW.
I never considered refusing to stand in front of the LEO's car?? Puma could you provide the link to the above encounter?
by Jim Beaux
Mon Oct 15, 2012 11:07 am
Forum: General Texas CHL Discussion
Topic: A "first" when stopped by DPS last night
Replies: 187
Views: 38091

Re: A "first" when stopped by DPS last night

Scott in Houston wrote:
OldCannon wrote:I'm curious if an LEO on this forum (or attorney) can tell me which law says a Texas police officer can "run the numbers" on your pistol without reasonable suspicion that it's stolen. Just because it's a "Glock" doesn't constitute reasonable suspicion.
Just note... he said he was going to check it before he knew what kind of gun it was at all. I just told him it was in the center console. I didn't say what kind, caliber, or style. For all he knew, it would have been a $5000 1911.

The more I think about this, more upset I am getting.
Now Scott, dont go gettin yourself tazed! :smilelol5:
by Jim Beaux
Mon Oct 15, 2012 10:04 am
Forum: General Texas CHL Discussion
Topic: A "first" when stopped by DPS last night
Replies: 187
Views: 38091

Re: A "first" when stopped by DPS last night

A-R wrote: 1. It's not a fishing expedition, the Texas statute gives LEOs clear authority to disarm a CHL
2. Armed and carrying are clearly defined in Texas law as "on or about" a person, in other words, "within reach" and by case law as including the "lunge area" of vehicles even when subject is temporarily outside the vehicle. It would be highly dangerous for an officer to obtain weapon from inside vehicle by reaching in while subject is still inside - thus, remove subject, then remove weapon (this is all of course dependent on officer having justification to do this in first place - a grey area)
One heck of a stretch you got going here....If this incident wasnt a fishing expedition explain why it wasnt. How is standing behind the vehicle, a minimum distance of 12 -15 feet, consistent with being "within reach". Also provide the parameters of a lunge area.
by Jim Beaux
Mon Oct 15, 2012 8:00 am
Forum: General Texas CHL Discussion
Topic: A "first" when stopped by DPS last night
Replies: 187
Views: 38091

Re: A "first" when stopped by DPS last night

carlson1 wrote:When you stepped out of your vehicle you should have turned it off, took the keys with you, and locked your doors.

If he ask why did you do that just as friendly as you can say, "it is a habit."
Great idea.
by Jim Beaux
Mon Oct 15, 2012 7:55 am
Forum: General Texas CHL Discussion
Topic: A "first" when stopped by DPS last night
Replies: 187
Views: 38091

Re: A "first" when stopped by DPS last night

A-R wrote:
OldCannon wrote:"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"
Did the trooper search the vehicle? Or just disarm the driver/CHL holder? No consent needed to disarm
Government Code 411.207.  AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.  The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
The OP was not armed, his weapon was in the vehicle. Sounds like the trooper was on a fishing expedition for probable cause. Regardless, I would have refused to give consent for him to enter my vehicle. You can bet the trooper was looking in the ash tray and around the interior of the car.

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