Texas - Duty to Inform

[mjmccluskey]

Another Newbie Question...

Was reading an article with a bit about "Duty to Inform" and it got me thinking. Let's say routine traffic stop for speeding. The officer approaches, my windows are down and my hands are at rest on the steering wheel. The officer will likely ask something like, "Do you know why I pulled you over?".

My initial thought would be to answer something like, " No sir I do not, but I want to let you know.......".

So, what do you say? When do you say it?

[carlson1]

Follow the Officer's instructions. Answer the questions you feel you can answer. When he/her asks for your DL and insurance card hand him/her your LTC. Then follow the instructions to the "T."

[RPBrown]

[Jusme]

Another Newbie Question...

Was reading an article with a bit about "Duty to Inform" and it got me thinking. Let's say routine traffic stop for speeding. The officer approaches, my windows are down and my hands are at rest on the steering wheel. The officer will likely ask something like, "Do you know why I pulled you over?".

My initial thought would be to answer something like, " No sir I do not, but I want to let you know.......".

So, what do you say? When do you say it?

Like Carlson said, just answer questions that are asked, when asked for your DL, insurance etc. hand him your LTC along with those. He will likely(or at least in my experience)ask if you are carrying, and where the gun is. Just answer him, without reaching in that direction, and then follow his instructions. The two stops I have had, he simply said o.k. as long as you don't reach for yours I won't reach for mine.

[Teamless]

essentially, if you are not asked for ID, you have no duty to inform
if asked for ID, then you give both DL and CHL (LTC).

if you come out and say "I have a gun and a CHL" or "I have a chl and a GUN", they are likely going to hear "GUN!"

Just follow what they say.

[Bitter Clinger]

Another Newbie Question...

Was reading an article with a bit about "Duty to Inform" and it got me thinking. Let's say routine traffic stop for speeding. The officer approaches, my windows are down and my hands are at rest on the steering wheel. The officer will likely ask something like, "Do you know why I pulled you over?".

My initial thought would be to answer something like, " No sir I do not, but I want to let you know.......".

So, what do you say? When do you say it?

In DFW, a speeding ticket is simply a business transaction designed to promote efficient "WEALTH TRANSFER". I have never been asked if I was carrying after handing over both TXDL and LTC. My only surprise is that they didn't run a roadside credit check and ask for my payment on the spot.

[joe817]

I've been stopped 4 times since getting my CHL(now LTC), and in EVERY case before the officer gets a chance to say anything, my standard canned speech is:

"Hi officer, before we get started I think by law, I'm required to tell you that I am a CHL holder and I am armed." 2 out of the 4 cops said "yes you are correct, and thanks for telling me." The other 2 cops said, "That's fine, I don't need to see your CHL."

Courtesy is a good thing, because I've never received a citation....but I DID receive a verbal warning each time.

[Jketchum]

For me honesty always gets you further in life.

I have received more warnings than tickets. (ive been pulled over a lot) Im always honest respectful and upfront. There's no point in playing games if you don't have anything to hide.

I never understood the questioning game, answer honestly. If you were speeding the officer already knows.

[Teamless]

If you were speeding the officer already knows

Agreed, but I have always been told (by cops and lawyer friends) even if you know it, never admit it.

They will document that you admitted it, and if you try to fight it in court, your own words convict you.

Honesty is certainly the best policy, but admitting you broke the law, may not be.
Keeping your mouth shut, is not dishonest.

[Ryan]

If you were speeding the officer already knows

Agreed, but I have always been told (by cops and lawyer friends) even if you know it, never admit it.

They will document that you admitted it, and if you try to fight it in court, your own words convict you.

Honesty is certainly the best policy, but admitting you broke the law, may not be.
Keeping your mouth shut, is not dishonest.

"ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU"

[Liberty]

If I am sure I was speeding , I don't have a problem admiiting it, but If I think it deserves a fight in court. I will answer "I'm not sure officer."

[JALLEN]

I don't get pulled over very often, but I have had the experience of being pulled over on two occasions where the officer was flat wrong. One was in downtown San Diego, where the intersection was in the midst of construction on Horton Plaza and was marked with a stop sign and a light. I can't recall now if he said I ran the light or the stop sign. When I mentioned there were both, he had to go back and look, came back and conceded there was some confusion. No problem.

The other one was more disturbing. The officer ended up being impeached on the witness stand, by yours truly, caught in a flat lie. He could have avoided all that by telling the truth, but that would have meant losing. Judicial grace allowed him to go on his way without consequence.

[Soccerdad1995]

I don't get pulled over all that often, but I try to have my license and CHL out of my wallet and on the dash by the time the officer leaves his vehicle. My hands stay on the wheel from the moment he opens his door until he gets to my car window. I have the window rolled down and the interior light switched on if it is dark out. That way he can see my CHL from the get go. I then follow all instructions exactly.

As an aside, I find the question "do you know why I stopped you?" to be disingenuous and a potential start of a fishing expedition. If the officer believes that I have committed a traffic infraction, then write me a citation and we can both be on our way. I usually answer "no", which is completely honest because I am not sure why he stopped me. I guess I should say "I think its because you believe I may have committed some type of infraction, officer", but that runs the risk of me coming across as a smart alek.

You can guess how I feel about questions like "so, where are you going?" For some reason the officer always gives me a dirty look when I say "west".

[JerryK]

if you come out and say "I have a gun and a CHL" or "I have a chl and a GUN", they are likely going to hear "GUN!"

Just follow what they say.

You are absolutely correct but let me add, Never use the word 'GUN' always use the word 'FIREARM', Gun is a code word to their partner on the other side of the car, if he were to have one (a partner) and if nothing else, it raises his blood pressure a few clicks.

Try not to use that word for any reason!!!

[Jusme]

I don't get pulled over all that often, but I try to have my license and CHL out of my wallet and on the dash by the time the officer leaves his vehicle. My hands stay on the wheel from the moment he opens his door until he gets to my car window. I have the window rolled down and the interior light switched on if it is dark out. That way he can see my CHL from the get go. I then follow all instructions exactly.

As an aside, I find the question "do you know why I stopped you?" to be disingenuous and a potential start of a fishing expedition. If the officer believes that I have committed a traffic infraction, then write me a citation and we can both be on our way. I usually answer "no", which is completely honest because I am not sure why he stopped me. I guess I should say "I think its because you believe I may have committed some type of infraction, officer", but that runs the risk of me coming across as a smart alek.

You can guess how I feel about questions like "so, where are you going?" For some reason the officer always gives me a dirty look when I say "west".

I have never heard an officer ask that question, and when I was a LEO, I had a speech that I used every time, "good morning/afternoon/evening ma'am/sir, my name is officer Jusme, the reason you were stopped is you were observed (committing name of violation) is there a reason for this (emergency etc..) O.K. I will need to see your driver's license and proof of insurance." After the stop it was " You will be receiving a citation/ warning for (listed violation) (explain the procedure for dealing with a citation, ask for signature if required) Thank you for your courtesy, and please drive safely." You would be surprised at how many people actually said thank you after receiving one or more citations.