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sjfcontrol wrote:

Oldgringo wrote:Don't speed, don't run stop signs and drive sensibly within the law and one shouldn't have these issues...you reckon?

This, of course, in nonsense. Any officer could find probable cause to pull over a vehicle after a short period of following that vehicle. The motor vehicle laws are so complex that nobody can drive 100% legally for very long. Did you signal 100 ft before changing lanes? Come to a full and complete stop at the stop sign? Stop before crossing the sidewalk while exiting the parking lot? Are your tires worn? Lights working? Inspection sticker up to date? Using a cell phone? If they want to pull you over, they will.

Don't forget the always-useful "swerving within the lane".

CompVest wrote:4t5, I don't know if you have your CHL or not but either way perhaps you should read Texas Government Code 411.207(a). It is a law whether you agree with it or not that LEOs can disarm you.

Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.

Nothing in there about running serial numbers, nor about SOP, nor about departmental policy.

jmra wrote:

PappaGun wrote:Is it illegal to removes, mutilate, obliterate or alter serial numbers?

Assuming you are talking about serial numbers on guns, I'm going to say a big yes to that one.

Not just guns, but anything else that has a serial number, by state law. Unless you're the owner, that is.

PC 31.11

Sec. 31.11. TAMPERING WITH IDENTIFICATION NUMBERS. (a) A person commits an offense if the person:

(1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or

(2) possesses, sells, or offers for sale tangible personal property and:

(A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or

(B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.

b) It is an affirmative defense to prosecution under this section that the person was:

(1) the owner or acting with the effective consent of the owner of the property involved;

srothstein wrote:The trick to this one is that the officer cannot legally tell you to give him your pistol JUST so he can run it. That would be an illegal search. But if he disarms you under the authority given him by the law above, the numbers are then in plain view and are fair game.

Not mine. Hogue Hand-all.

The problem starts with being disarmed. There are two occasions when a peace officer has authority to disarm a licensee:
1. When he reasonably believes it is necessary for the protection of himself, the licensee, or a third party. (Government Code 411.207(a))
2. When entering the nonpublic, secure portion of a law enforcement facility, if properly marked. (Government Code 411.207(b))

There is no blanket authority to disarm every licensee, whether to check serial numbers or for any other purpose.

That said, under the plain view doctrine, he can run any number he can plainly see, whether it's your license plate number, VIN, serial number on the lawnmower in the back of your truck, etc. He just doesn't have the authority to force you to reveal those things so that he can check. Taking your gun from the holster in order to run the numbers is no different than making your remove the stereo from your dash so he can run the numbers.