TexasCHLforum.com

srothstein wrote:But I can mislead people into almost anything. About the only lie I cannot use is the old, I will go down and get a warrant anyway if you do refuse" line, since that has been taken by the courts as coercion now. The easiest way is to act friendly and ask if there is anything in the car I should be aware of that could hurt me. You can even make it joking like asking if they have a machine gun in their pocket or something like that. After they say no, you ask if they mind if you look inside, just to satisfy yourself on it. The suspect will almost always consent thinking you are friendly and just worried about your safety, but by law he has just consented to a search of the car.

That is exactly what they ALL do. The answer for me is NO!

llwatson wrote: but I need to know how to answer a student who asks me... does an officer have the right to search my car just because I am a lawfully armed CHL holder?

My Final Answer is no they do not have a right to search because you have a CHL. By the way I can't believe you would even think you were difficult (Marty on the other hand, well. . .). In fact I think after all of this reading I am confused.

Mrs. Linda my answer would yes to the removal from the car and NO on the search. They can REMOVE you from the vehicle and they can search whatever is in your immediate reach. Example a LOCKED glove box is NOT in your immediate reach. An UNLOCKED glove box is searchable. A LOCKED brief case setting next to you is NOT in your immediate reach, while an UNLOCKED brief case is in your immediate reach. Again I am no longer in LE, but this was pounded in to us over over again. Every in service school this was brought out. I do not believe it is any different now. ------------------
With that said, as TXI said the officer can search for no reason, but it would be against the law. Most searches that are conducted are from people who "give permission." I am one who believes in saying NO to the search. I am not going to argue or resist, but I am going to say NO for the consent to search. Now all of the post will come if you are not hiding anything why would you say NO because it is my RIGHT to say NO! Notwithstanding there are some officers that are not going to follow the law, but I think you will find for the most part (especially DPS) they are professional and know what they can and cannot do.

llwatson wrote:

carlson1 wrote: Yes you can and should refuse a search (rights not used are lost MY OPINION).

txinvestigator wrote:A LEO does not need your permission to conduct a Terry search of your vehicle. Nor does he need permission to conduct a search if he has probable cause that contrband might be in the vehicle (Carroll vs US)

Either I am reading this wrong, or we have 2 different opinions here.

The question, as I see it, is this: I get pulled over for speeding, I inform the officer that I have a CHL and a handgun in the vehicle. If he wants to search my vehicle, based only on that information, does he have the right to do so?

No Ma’am He can take your weapon until the stop is over. Reasons for search. . .
1. Immediate area for "his" safety
2. Probable cause.
3. Inventory search. - This is done after an arrest and everything in the vehicle is placed on a log. They say they do this to stop the tow truck driver, etc. . . from taking things and so the suspect can say something was taken, but it is a SEARCH.

If I am wrong or it has changed please let me know, but I don't think it has.

easttexas wrote:So if I get pulled over again I can refuse a search? Then what will happen I am told it will be more trouble than its worth? Also do you think I should get the troopers sergent or somebody involved even though I think he will just blow me off or what? I am not looking for trouble far from it, but when LEO crosses the line into my rights something needs to be done or said right?

Yes you can and should refuse a search (rights not used are lost MY OPINION). I would not take this any further because I do not see anything the Trooper did that was wrong (maybe bad attitude).

KRM45 wrote:

easttexas wrote:...He said would you mind exiting the vehical as I look at them, I agreed...

Like it or not, it appears you gave him permission to search your truck.

Welcome eastexas. Sorry to hear about your stop with DPS. You live there and probably already know that 259 is the Drug Highway. They cannot search without your permission, probable cause (areas in your reach) and an "inventory search" (after arrest). Most people think they have to give permission, but you can say NO to the search. You driving a truck everything is pretty much "in your reach." Maybe your next encounter will not be as bad.