Yep. Later cases added that the passenger compartment of motor vehicles were included, if within the person immediate access. Glove boxes, center consoles, under the seat, etc.Renegade wrote:1916 Wagner v. State: The Texas Court of Criminal Appeals ruled that a pistol is "about" one's person if the pistol can be reached without materially changing one's position.mr surveyor wrote:what is the generally accepted legal defination of the phrase "on or about their person"?
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Return to “Employer search of your vehicle in parking lot?”
- Tue May 22, 2007 8:22 pm
- Forum: General Texas CHL Discussion
- Topic: Employer search of your vehicle in parking lot?
- Replies: 52
- Views: 9879
- Tue May 22, 2007 4:30 pm
- Forum: General Texas CHL Discussion
- Topic: Employer search of your vehicle in parking lot?
- Replies: 52
- Views: 9879
Upon further review of your statement, it appears you meant that the company does not need probable cause. Yes?Mithras61 wrote:The company does NEED probable cause, though. They can just demand that as a condition of your continued employment they get to search your vehicle. If you consent and have a firearm, and that violates company policy, then they can fire you.
- Tue May 22, 2007 4:27 pm
- Forum: General Texas CHL Discussion
- Topic: Employer search of your vehicle in parking lot?
- Replies: 52
- Views: 9879
The issue of probale cause is misstated here; but it is irrelevant.Mithras61 wrote:The company does NEED probable cause, though. They can just demand that as a condition of your continued employment they get to search your vehicle. If you consent and have a firearm, and that violates company policy, then they can fire you.
If you have received a copy of the company policy, and it is written in compliance with PC 30.06, and the parking lot is posted as well, then you can be prosecuted for criminal trespass by a license holder, since you have received notice and the facility is posted (If the parking lot is not posted, you might maybe have an out, but I wouldn't bet my freedom & CHL on it).
If you are in a high-demand occupation, it may be worth your time to find an employer that isn't quite so rabid about it. Otherwise, it sounds like you may be S.O.L.
You may want to check the exact wording of the policy against PC30.06. If it doens't match up and the lot is not posted, you can't be prosecuted for having it in your vehicle (you can be fired, however).
If SB534 is passed into law & signed, they won't be able to fire you for THAT (but they'll likely find another excuse).
An employer does not need "probable cause" to do anything. PC applies to the governmet and the police.
Your company CAN have a policy that all vehicles are subject to search at any time. If you refuse, you could be terminated depending on the policy.
If anyone wants to discuss warrantless searches and vehicles, I would be happy to IN ANOTHER THREAD, so as to keep this one ON TOPIC.