TexasCHLforum.com

I guess forget about what I just said...

Question:

"When is an expired CHL "probable cause" to search either the person or vehicle that person was either driving or riding in?"

Where and who would give the instruction/direction given to a commisioned law enforcement officer possible, in this case???

I can understand a question to the effect of do you have a firearm on you now or in the vehicle...

And...

That my basic understanding, with the discussions in this forum, about the law now that allows anyone who is legal to posess, is now legal to carry a firearm in their vehicle without a CHL...

If I am missing something here, I would certainly welcome correction in my interpretation of this situation...

KBCraig wrote:

stevie_d_64 wrote:First, I wouldn't offer an expired licence or credentials for any form of ID in a traffic stop...

He didn't. When he pulled out his DL, the constable saw the expired CHL in the wallet.

Second, I would with all due respect, refuse to consent to a search, just out of general purpose...

He did. And when the other officers arrived and he was handcuffed, he repeated to them that he did not consent.

Kevin

In my first scan of his account I missed that the Constable saw it...I usually have all my stuff, ID, CHL, Insurance etc etc ready to hand to them...Not that I get pulled over all the time...I do not like to appear to be fumbling for stuff while they wait...Its unsafe for them to be outside my vehicle, and I want them to be able to do the stop as safely and quickly as possible...

But I still stand by my first and second points...

What bothers me now is that we have an alleged Harris County Constibulary using an expired CHL licence that was not necessary (by law) to notify, that gave them some illusion of probable cause to spend almost an hour detaining a citizen in handcuffs, to search their vehicle...

Producing absolutely nothing to warrant the search to begin with...

Lessons learned: (for Steve)

- Don't have expired credentials on your person...

- Encourage everyone you know to get and maintain the CHL to eliminate the wrath of our DA...

Sorry, but this is just the way I feel...I don't like appearing to not respect law enforcement, it is actually 180 degrees the opposite...Granted this is just someones unsubstanciated account of a local traffic stop, that has the earmarks of an unpleasant experience for everyone involved...

But if there is anythig of value to it...It does give us the chance to do a gut check and make sure we have the correct attitude, that once it starts, and you put your foot down, you may have to take a ride...And it may cost you...At the very least...

First, I wouldn't offer an expired licence or credentials for any form of ID in a traffic stop...

Second, I would with all due respect, refuse to consent to a search, just out of general purpose...P.C., or not...If I am delayed, so be it...I will absolutely give zero reason to even ask...If its not in plain view, its nobody's business...

Some may say, again, if you have nothing to hide, why fight or refuse it...

Well...again, I am hoping no one takes that as an insult, or radical "anti-something/anything" stance...

One thing that does come to mind, and its something that I have never thought about because it is something that won't happen to me anyway...

For lack of any other example, if you allow your Texas CHL to lapse or expire...Will the license still come up (as expired) on the check if you are pulled over for a traffic violation???

I've just never encountered that on any discussion, or have ever thought to ask the question...