TexasCHLforum.com

I had my first "official" encounter today with the local police at a driver license check point. Signs at the start of the check point stated that you should have your license ready for the officer, so when I reached him I handed him DL and CHL. After greeting me, glancing at DL and CHL he said "Before today, I didn't realize how many CHLs there are around here. Have a good one!"

According to the numbers my city has about two times the percentage of CHLs when compared to the statewide numbers, but it's still surprising to me that he would have seen that many today. Anyway, a good encounter that I thought that I'd pass along.

I didn't know drivers license checkpoints were considered legal here in Texas. Are they optional, or has probable cause gone out of the window? :(

What's next CHL checkpoints? Total hogwash if you ask me.

Were they at least checking insurance too?

Yeah, I hadn't heard of drivers license checkpoints in DFW.

They did check insurance as well.

Apparently they used to be legal, then were not legal, and are now back to being legal.

We just found out how to get more awareness and attention to our issues in the 2011 Legislature: double our numbers. Pushing our numbers to around 650,000 by January 2011 should do nicely...


And P.S., I know GC §411.0095 allows vehicle theft checkpoints at the Mexican border, but I don't know of a statute that expressly prohibits law enforcement from establishing other checkpoints. Talkin' state law, not Constitutional. But driver checkpoints have been/are common in other states, so I would have thought if there was a Constitutional issue with the 4th, it would have been argued long ago. But I dunno. Outta my depth...

Thought it might be helpful to clarify a little more, not that it will probably change anyone's stance on the issue.

They did not seem to be running anyone's license - it was basically have DL and proof of insurance - you're on your way. For those that were pulled off on the side of the road....I'm guessing that they didn't have one or the other.

I did a little googling and found that they (state and local police) were specifically told that they could not do this because they were profiling. They may have only been stopping those that looked a certain way. Anyway, one of the suggestions was that if checkpoints were going to be set up that EVERYONE would have to be checked. There was more to it than this because they were accused of performing a task, border patrol/immigration checks, that they were not authorized to perform.

I don't see how it could be viewed as profiling, as long as everyone that got pulled to the side were missing one or more of the required documents to legally operate a motor vehicle in the state.

I've seen them do this in Dallas, The reason they do the inspection is to check for insurance,. Dallas has a very big problem with people not having even the minimum requirements. If your caught without it., They will tow your vehicle on the spot. Hell In the last year I have been hit twice and both times was by an uninsured motorist. I'm personally glad they do the checks and hope they continue.

KFP:

Inquiring minds want to know:

What city and what intersection was the site of this DL check?

It'll remind those of us with places to be and things to do to take
an alternate route.

I will try to find the ruling, but there was a SCOTUS ruling that said checkpoints were illegal searches UNLESS there was a state law specifically authorizing them and giving the procedures to be used. The checkpoint must also be safety oriented. This is why there was a bill introduced this legislative session to allow DWI checkpoints. A license check like this would be unconstitutional, as I remember the ruling. I will see what i can find on it and look at the actual ruling.

surprise_i'm_armed wrote:KFP:

Inquiring minds want to know:

What city and what intersection was the site of this DL check?

It'll remind those of us with places to be and things to do to take
an alternate route.

OR, we should have a CHL Forum checkpoint get-together!

Seriously though, the more exposure we have and good encounters with police, the better for our cause.

KFP wrote:They did not seem to be running anyone's license - it was basically have DL and proof of insurance - you're on your way. For those that were pulled off on the side of the road....I'm guessing that they didn't have one or the other.

Yeah, that doesn't make me feel much better about the issue as a whole. I'm perfectly fine with someone being stopped if they are suspected of committing an infraction - but since when is driving down the street considered probable cause to stop a group of vehicles, and make them "show their papers"?

IMHO, it's sad to see this happening in Texas. The DWI Checkpoint bill really annoyed me as well, but it looks like that died in committee this session.