As has been pointed out, this is not correct. Texas law says you have to give your name, date of birth, and correct home address if under arrest. If a witness or suspect to a crime or legally detained for any other reason, you cannot give false information but you do not need to answer at all. The SCOTUS decision that you refer to said that if there is a state law requiring you to identify when detained (which our law does not do), then the law is Constitutional. It was based on a Nevada case with a disturbance in a truck on the side of the road.OverEasy wrote:I read an article in the TSRA magazine a while back that said you don't have to tell a LEO anything other than your name. The article said don't answer any questions about having a weapon or where you are going or comming from. This was for non CHL holders. They even gave a sample statement to make. It was something like: On the advice of an attorney all the information you need is on my drivers license.
Also, a while back some guy in MT or WO got arrested for failing to give his name when asked by a LEO. In the end the court said you are required to give your name but nothing else.
So..., it looks to me that if you don't have a CHL you don't have to answer any questions about weapons in your car and you don't have to consent to a search.
Have I got this right?
Unfortunately, I must agree. Too many cops will take it personally and as a sign of defiance if a person does know and understand their rights. I would like to see officers handle it better, but I am forced to admit that there are way too many who do not and will get mad. It is a great way to talk yourself into a ticket instead of a warning with a lot of officers.doolyd wrote:Let me tell you from experience, you try to pull that stuff above and you are really going to make cops mad. They will then do everything they can to pry, search and harrass. A lot of cops love nothing more than a person citing the law to them, after all, they are the law
The good news is that any evidence against you will probably get thrown out of court. The bad news is you will still end up fighting the charge. Sometimes, being polite and a little friendly is easier in the long run, though I, personally, admire anyone willing to stand up for their rights this way.