Consent to Search

[RepRaider]

Hi all. I'm new to the board. I submitted my app a couple of weeks ago and am in the waiting period...

I have a question about searching if pulled over (after I get my license). Let's say I'm cruising down 35 and get pulled over for speeding. I am carrying, hand the officer my DL & CHL and inform him that I have a handgun in the console.

By having a CHL have I waived any of my rights regarding a consent to search? If the officer, as they often do, asks to search my vehicle, can I still say no until they get a warrant?

I just am not clear on whether admitting that you have a handgun in the car gives them probable cause.

Thanks!

[seamusTX]

Welcome to the forum.

By having a CHL have I waived any of my rights regarding a consent to search?

No.

If the officer, as they often do, asks to search my vehicle, can I still say no until they get a warrant?

Yes and no. If you do not consent to a search, the officer can still search without a warrant if he has probable cause that you are committing a crime.

A warrant is required only when the vehicle is stationary and unoccupied.

It is not on offense to have a concealed handgun when you have a CHL, and it is not an offense for anyone to have a concealed handgun in a car if they meet the conditions specified in Penal Code 46.02. Therefore, having a concealed handgun in a vehicle is not probable cause for a search.

- Jim

[Abraham]

If the officer requests seeing your DL, you also hand him your CHL,
however, you've no obligation to "volunteer" specifics about your handgun.

[Keith B]

One additional note; the LEO has the right to disarm a CHL holder if they feel it is necessary for their own safety (not going into that discussion here about right or wrong.) Now, if the gun was in the console and you were driving, they should require you to step out of the vehicle so you could not obtain it. If there were others in the car, they might want to retrieve it themselves. However, as SeamusTX stated, they would still need probable cause or a warrant to search the rest of the vehicle.

If the officer requests seeing your DL, you also hand him your CHL,
however, you've no obligation to "volunteer" specifics about your handgun.

As for this, I would not recommend lying about it if you are asked.

[Abraham]

I hope it was understood I wasn't suggesting lying...not "volunteering" isn't tantamount to lying or even close to it.

[Keith B]

I hope it was understood I wasn't suggesting lying...not "volunteering" isn't tantamount to lying or even close to it.

I understood, and agree. Kind of the 'Don't ask, don't tell' rule for CHL's; if the LEO don't ask, then the CHL don't tell.

[A-R]

I hope it was understood I wasn't suggesting lying...not "volunteering" isn't tantamount to lying or even close to it.

Abraham, just trying to understand your point. By not "volunteering" you're not suggesting in anyway being deceptive in your answers about a direct question are you?

Scenario:

Driver: "hello officer " hands DL & CHL

LEO: "where is your weapon, sir?"

Driver: "<fill in this blank>"

[frazzled]

Rule one. Never consent to anything.

[Kythas]

Way back in days of yore, when I was a deputy sheriff, if I pulled someone over and they refused to consent to a search of the vehicle (even if I believed I had probable cause to search said vehicle), I would do one of two things:

1. Call for a K9 unit to bring a dog to see if he would light on the car;
2. Call for a warrant.

This way there would be no question in court as to the validity of the vehicle search and I'd be guaranteed that anything I found would be permissible in court.

That being said, simply having a CHL isn't a waiver of any of your rights. It simply makes the fact that you're carrying a concealed handgun legal. For the record, this is ALL a CHL does. All other laws still apply.

[Abraham]

austinrealtor ,

By not "volunteering" you simply don't anticipate answering what hasn't been asked...

This is not deception, or lying by omission either.

The OP stated: I am carrying, hand the officer my DL & CHL and inform him that I have a handgun in the console - I was addressing - "and inform him that I have a handgun in the console" - That's the unnecessary "volunteering" I would avoid.

[5thGenTexan]

I've been driving for 40 years been stopped countless time and have never even in my longhaired hippie, redneck days been asked to consent to a search.

[chabouk]

I've been driving for 40 years been stopped countless time and have never even in my longhaired hippie, redneck days been asked to consent to a search.

Neither have I, but I can't begin to count the news articles about major drug seizures on U.S. 59, I-20, I-10, I-30, I-35, that contain the phrase "Trooper Smith obtained consent to search the vehicle..."

[RepRaider]

thanks for the advice everyone. it really depends on where you are, but some cities make it standard procedure to ask for consent to search. it's not like i'd have anything to worry about, i just don't like abdicating my rights.

[casingpoint]

i just don't like abdicating my rights

Mirror, mirror, on the wall, who's the slickest and glibbest of them all?
Sometimes it comes down to a war of words with the cops:
http://volokh.com/2010/02/10/do-you-mind-if-i-look/" onclick="window.open(this.href);return false;

[suthdj]

Just say to any question about a search "I don not consent to a search" also check out http://www.flexyourrights.com" onclick="window.open(this.href);return false; I am not aware of any law that requires you to answer only yes or no to the police.