Return to “A "first" when stopped by DPS last night”
To be fair, he said he has "a plan to", not "I plan to". Nothing wrong with having a plan in case something were to hit the fan, it is the same preparedness I have when approached by "panhandlers" or other less desirable folks.carlson1 wrote:Bad folks in every bunch. LEO's are no exception, especially if they have the attitude of killing everyone they stop.
So how did the rest of the encounter go? I do not see that playing out very well, since you still have "access" to the firearm with the click of a button and a "lunge".mlawler wrote:Once did exactly that! City cop said he wanted to 'secure' my weapon. I got out of the car, hit the lock button on remote, dropped it in my pocket and said 'Secured. Next question?'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."
Also, lacking probable cause to believe the firearm is stolen, I personally think running the serial number violates reasonable search.
I have to disagree with you, I was pulled over for failure to stop, after I came to a complete stop and waited at the intersection for traffic to go past - http://texaschlforum.com/viewtopic.php?f=83&t=58717" onclick="window.open(this.href);return false;tobasco wrote:My view is that discretion is a two way street. You have the discretion to answer their general questions or not and the officer has the discretion to ticket you or not. I had a similar situation a couple of weeks ago although he didn't run my gun serial numbers or search the vehicle.
When I was in high school ('86?) coming home from my part time job I was stopped once and they asked to search the entire car so I said ok. I had nothing to hide and I was a teenager vs. two cop cars and several officers.. They searched the trunk, under the seats, everything. In the end they said my car just fit the description of some criminals they were looking for and sent me on my way without the speeding ticket I deserved.
I don't think most LEO's are Buford T. Justice types trying to throw their weight around. I think they are just gathering information and what they get from you, even if not incriminating, might help them connect the dots about something important.
Of course we could all avoid being questioned by just not breaking the law in the first place.
If the gun is in the center console and the driver is standing on the side of the road, isn't that considered "disarmed"?A-R wrote:Did the trooper search the vehicle? Or just disarm the driver/CHL holder? No consent needed to disarmOldCannon wrote:"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"
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.
