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by ScottDLS
Wed Sep 16, 2020 4:18 pm
Forum: LEO Contacts & Bloopers
Topic: Duty to Provide LTC on Voluntary Identification to LEO?
Replies: 40
Views: 29128

Re: Duty to Provide LTC on Voluntary Identification to LEO?

Soccerdad1995 wrote: Mon Sep 14, 2020 3:27 pm
airbornecpa wrote: Sat Sep 12, 2020 11:15 pm Something I have wondered about but never had happen to me until tonight, note I was NOT carrying:

I was acting as an intermediary on a return of property for my son's his future ex to return property and cash. She asked that I meet her at a neutral location for her to transfer said items to me. asked that I meet her at a neutral location with She moved the day before. I'd been waiting for a while when my truck was lit up by blue and red flashing lights. My initial thought was that someone had called me in for being "suspicious". That wasn't the case, she called the the Sheriff's office for a civil stand by. I thought okay, no big deal. Deputy asked me if I knew a "son's name" and who his wife was. I identified that I knew my son and provided daughter-in law's name. He asked for my driver's license, I declined as this was a "voluntary" interaction and I was free to go, but he said that if I did not provide my drivers license that he would tell daughter in law not to come. Reluctantly I showed him my driver's license while maintaining possession, he then proceeded to call in a license check I withdrew my driver's license and he then recited its number to dispatch. During the course of all this I asked if I was being detained or was I free to go, I was free to go. He went back to his car but another officer (different uniform) was standing by my passenger window. I pulled forward about 10 yards as I did not feel like being stared at.
I bolded the part of the OP that is relevant to the officers request for his identification. Given this fact pattern, where the officer asks for ID, the OP essentially says "do I have to give it to you" and the LEO responds with "no, but if you don't then I won't do XYZ", I don't know that this meets the common English language definition of a "demand". It sounds alot more like a "Request", or possibly a "conditional demand" where the LEO is telling you that you need to do something in order to have him do something else. Then again, IANAL.
:iagree:
by ScottDLS
Sat Sep 12, 2020 11:24 pm
Forum: LEO Contacts & Bloopers
Topic: Duty to Provide LTC on Voluntary Identification to LEO?
Replies: 40
Views: 29128

Re: Duty to Provide LTC on Voluntary Identification to LEO?

airbornecpa wrote: Sat Sep 12, 2020 11:15 pm Something I have wondered about but never had happen to me until tonight, note I was NOT carrying:

I was acting as an intermediary on a return of property for my son's his future ex to return property and cash. She asked that I meet her at a neutral location for her to transfer said items to me. asked that I meet her at a neutral location with She moved the day before. I'd been waiting for a while when my truck was lit up by blue and red flashing lights. My initial thought was that someone had called me in for being "suspicious". That wasn't the case, she called the the Sheriff's office for a civil stand by. I thought okay, no big deal. Deputy asked me if I knew a "son's name" and who his wife was. I identified that I knew my son and provided daughter-in law's name. He asked for my driver's license, I declined as this was a "voluntary" interaction and I was free to go, but he said that if I did not provide my drivers license that he would tell daughter in law not to come. Reluctantly I showed him my driver's license while maintaining possession, he then proceeded to call in a license check I withdrew my driver's license and he then recited its number to dispatch. During the course of all this I asked if I was being detained or was I free to go, I was free to go. He went back to his car but another officer (different uniform) was standing by my passenger window. I pulled forward about 10 yards as I did not feel like being stared at.

Deputy returned to my car and asked if I had forgotten anything, I answered "no", He asked again, I again told him "no". He said I failed to tell him I had an LTC as the law requires I do. I told him I didn't tell him as I wasn't carrying. He said that didn't matter, that I was supposed to identify my self as an LTC holder. FWIW he said I was being rude. I chose not to discuss the finer points of 411.20 with him.

If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the
license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by
the department and the license holder's handgun license. https://codes.findlaw.com/tx/government ... 1-205.html

Questions:
1) Does voluntarily identifying yourself to a LEO then require further display of the LTC if one is in possession of a handgun;
2) If a LEO demands identification but you are not in possession of a handgun, is there a legal requirement to display the LTC;
3) Same as #2, but you have a rifle or shotgun with you?
1) No.
2) No.
3) No.

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