TexasCHLforum.com

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

seamusTX wrote:Google Carroll v. United States and United States v. Ross. The police have never needed a search warrant to search a vehicle.

- Jim

Ross derives from Carroll, and in both cases probable cause is required.

Having an expired CHL in your wallet is not PC to handcuff you and sit you on the side of the road for 40 minutes while your car is thoroughly tossed.

And BTW, Carroll was a terrible ruling. It upheld the search wherein an officer cut up the upholstery to find liquor bottles hidden in the seat. Isn't it funny how the War On Alcohol was waged in the same way that the War On Drugs is being waged 80 years later?

Kevin

Paladin wrote:The part that I thought was the most interesting was:

"I hired an attorney to help me with the speeding ticket that I received and told him about the events that transpired during the stop. He didn't think much about it at all. He made a comment similar to this: "Doesn't surprise me. The Harris county D.A. does some pretty crazy stuff... Wouldn't surprise me if he authorized the search."

I think we have the root of the problem listed right here.

Generally speaking, attorneys who handle traffic tickets are into quick turnover, not protracted civil rights battles.

That's why I said I'd consult a civil rights attorney.

Kevin

The incident, as reported, describes an egregious abuse of authority. Were I the original poster, I would certainly consult a civil rights attorney, and make a formal record of the complaint.

Kevin