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by Dave2
Sun Apr 13, 2014 3:43 am
Forum: General Texas CHL Discussion
Topic: Police want to check your serial #
Replies: 82
Views: 14869

Re: Police want to check your serial #

Jumping Frog wrote:
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.
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.
by Dave2
Mon Apr 07, 2014 2:03 pm
Forum: General Texas CHL Discussion
Topic: Police want to check your serial #
Replies: 82
Views: 14869

Re: Police want to check your serial #

n5wd wrote:
george wrote:Anytime I have asked a LEO to "run a serial number" for me, they said they could not do that, unless part of an investigation.
If that is so, how can they just run the serial number for a traffic stop?
Because it is an inquiry persuant to investigating a traffic offense.
How so? Did the gun make them commit said traffic offense?
n5wd wrote:As appropriate as running your DL and vehicle registration during a traffic stop.
Now that is appropriate... Since you can't commit a traffic offense without driving, you must have driver's license. Similarly, you're required to have insurance to drive.

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