TexasCHLforum.com

Handing over a Nanovault would crack me up. The inevitable request for a key would be answered, "No, I don't think so."

Jrma, if an officer wants to assert he needs to unload a holstered handgun for officer safety, either the holster is an unsafe piece of garbage or the officer is acting like a doofus.

Dave2 wrote:Yeah, but it's only "in plain sight" because he or she forced you to put it in plain sight. Before the officer started telling you what to do, said gun was concealed and not in plain sight.

Legally, he had the authority to disarm the CHL if he felt it was necessary for officer safety. If it is handed to him with the serial number in plain sight, then the plain sight exception applies.

That was entirely the point I made earlier in this thread that sliding a paddle holster off the belt and handing over a holstered handgun is interesting, because now the serial number is not in plain sight and the plain sight exception does not apply.

Texas1999 wrote:... I would have to question what gave him reasonable suspicion or probable cause ...

He does not need reasonable suspicion or probable cause at all if the serial number is in plain sight. There is a "plain sight" exception to search/seizure law.

This is no different than if he looks in your car window and sees a gallon baggies filled with marijuana. He does not need reasonable suspicion or probable cause when the dope is right there in plain sight.

Cedar Park Dad wrote:

Jaguar wrote:The law is written to allow for police to seize your weapon for "officer safety". Once it is seized they can run a serial number check. There is no statute allowing for police to seize your GPS, laptop, iPad, phone, or DVD player, so they cannot run serial numbers on those items unless they are seized and inventoried with the vehilce.
...

I don't believe the law permits siezure for a serial check, only temporary seizure for officer safety.

When he takes the gun, the serial number is in plain sight. An officer can investigate anything in plain sight.

The more interesting question is if you are asked to surrender your firearm, so (wearing a paddle holster) you slide your entire holstered handgun off your belt and hand the holstered firearm to the officer. At that point, the serial number is not in plain sight. Theoretically, if the officer removed the handgun from the holster and ran the serial number he would be conducting an illegal search.
Practically? There is really no practical remedy. Even someone who wanted to sue would have to start with stating what are the damages.