Search found 2 matches

by Crossfire
Sun Feb 18, 2007 11:25 pm
Forum: LEO Contacts & Bloopers
Topic: DPS
Replies: 85
Views: 17332

carlson1 wrote: 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.
I understand that a peace officer can disarm a CHL holder “at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual� (Section 411.207)

However, if my lawfully carried weapon is in a case, in my car, then removing me from the car effectively disarms me, right?

I am not trying to be difficult or argumentative, 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?
by Crossfire
Sun Feb 18, 2007 8:06 pm
Forum: LEO Contacts & Bloopers
Topic: DPS
Replies: 85
Views: 17332

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?

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