I'm no expert on Oklahoma law, BUT...I never found anything in the statutes--or at least my check of them for the times I've gone to OK--that indicates my duty as a passenger to inform a driver.
In fact, I think the idea of a CHL holder having the duty to inform ANYONE besides law enforcement violates the concept of CONCEALED...and since most states that issue licenses specifically issue CONCEALED licenses, I would submit that CONCEALED is a significant element of the legal authorization to carry (Let's not get into right vs. privelege here, and discuss WHAT IS, not WHAT SHOULD BE).
Following that logic, if CONCEALED is a significant element of authorization, then a duty to notify "just anyone" violates the element of CONCEALED and becomes a self-incrimination issue, since CONCEALED is ususaly defined along the lines of "not discernable or detectable to the reasonable observer" [using editorial licenses here, since we're taling about multiple states].
OK...RANT OFF.
Sounds like the the trooper is out of line here...probably just a little spooked or caught off guard (giving the benefit of the doubt). Had the driver failed to disclose that he was carrying (he was not, and did not) then the trooper had nothing to get upset about. According to the OP, you advised as soon as you "came in contact" with the trooper, as required by OK law (OK *is* a "duty to notify" state) ergo, you did as required.
Technically speaking, passengers don't "come in contact" with LEO in a traffic stop until and unless they are directly addressed by the LEO. As I understand, there are stipulations on that from the LEO perspective [hoping some of our LEOs chime in here].
In Texas, it would (legally) be no big deal, and such behavior by theLEO would be out of line--unless there's more to the story (that you may not be privvy to, since you were asleep for at least the beginning of the stop). In Texas, you have NO duty to notify ANYONE (Except LEO in an "ID" context), and in keeping with the logic above, you may have a specific duty NOT to notify, since third party knowledge COULD be construed as outside the scope of "CONCEALED" in certain contexts (Yes, I know it's a stretch).
All in all, I'm sorry it happened to you, and I'm glad everyone went home.
And I'll use the standard disclaimer...I'm not a lawyer, I didn't stay in a Holiday Inn Express...in fact, I'm just another opinionated redneck! LOL
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- by cbunt1
- Wed Jun 20, 2012 10:47 am
- Forum: General Texas CHL Discussion
- Topic: Oklahoma State Trooper Pulls Us Over.. Im sleeping.
- Replies: 33
- Views: 5784
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