TexasCHLforum.com

Recommended Procedure for traffic stop while traveling

This thread is related to the "New Travelling Law" thread but I think it should stand alone.

James Dark from TSRA published a procedure to follow if stopped while travelling with a handgun and no CHL. It is available in full on the TSRA website, http://www.tsra.com/HB823_MbrLtr.htm

A brief excerpt:

"Until such time as the courts rule on just what the new state law created by HB823 means or the district attorneys around the State decide to afford this new law an opportunity to work, it is recommended that you should follow the following steps when stopped on traffic violations:

Be polite to the officer.

Furnish your driver’s license and insurance card.

Furnish your CHL if you hold one and are carrying.

Do not consent to a search of your vehicle.

Do not engage in conversation with the officer other than to confirm your identity.

If issued a traffic citation, accept it without comment or any indication of hostility.

In the event you are placed under arrest and taken into custody, decline to make any statement until you have had an opportunity to consult with an attorney."

Now if you do not have a CHL and, therefore, do not have to inform you have a concealed handgun, how would you handle the situation that the officer asks if you have anything in the vehicle he should be aware of, like a weapon or handgun.

Would you say nothing, say no, say yes, or what to accomplish the last objective of "Do not engage in conversation with the officer" to avoid revealing a handgun?

I would have trouble with being silent or lying and would appreciate any advise or suggestions anyone may have.

When is Rosenthals term over? He needs to go.

Good info in that TSRA letter. I doesn't however address the point of being asked by the officer if there is a firearm in the vehicle.
Is it legal for the officer to ask? If the driver refuses to answer, I'd imagine some officers would take that as an admission of guilt.
If the driver lies and says no, there is no firearms in the vehicle, then they have committed a crime by lying and therefore are carrying a weapon in the commission of a crime.

Where's the line?

Now if you do not have a CHL and, therefore, do not have to inform you have a concealed handgun, how would you handle the situation that the officer asks if you have anything in the vehicle he should be aware of, like a weapon or handgun.

Would you say nothing, say no, say yes, or what to accomplish the last objective of "Do not engage in conversation with the officer" to avoid revealing a handgun?

You can say something to the effect of "I'd rather not answer any questions" or "If I am being detained I'd like to speak to an attorney".

Certainly don't lie because that could bite you in the rear later. He can't search your car just because you don't want to answer questions and if he does it's time to call a lawyer for real.

Martha Stewart went to jail for lying.

The courts have been consistant.
Lying to law enforcement is a crime.
Them lying to citizens is not a crime.

It's much better to say nothing.

If the question is exactly as stated in the post, Is there anything in your car that I should be aware of such as a gun or weapon or any contraban. You may truthfully answer, "No sir nothing in here that will hurt you & nothing that is illegal." As a law abiding citizen that is the truth. If he asks if you have a weapon in the car then that would be a different question. THE REAL ANSWER IS: get your CHL. They dont cost that much & it is a day well spent.

My question is, Is it LEGAL for the officer to ask if there is a gun in the car?
Can the driver decline to answer?

They can ask whatever they want really, you don't have to answer anything.

HighVelocity wrote:My question is, Is it LEGAL for the officer to ask if there is a gun in the car?
Can the driver decline to answer?

Yes & Yes.

Would like to hear from a lawyer on this, but I think under Terry he could have you exit vehicle and pat you own for weapon, though he could not legally search vehicle.

Yes it is legal for an officer to ask you if there is a gun in the car. Why would it not be legal?

You can decline to answer, but that's going to throw up a flag to the officer. Why not just answer the question if you do have a gun in the car? If he's going to arrest you for that, then when you decline to answer the origional question he's most likely going to search the car and find it anyway. And probably in a worse mood than if you'd have answered the question in the first place.

Renegade wrote:

HighVelocity wrote:My question is, Is it LEGAL for the officer to ask if there is a gun in the car?
Can the driver decline to answer?

Yes & Yes.

Would like to hear from a lawyer on this, but I think under Terry he could have you exit vehicle and pat you own for weapon, though he could not legally search vehicle.

Why would an officer not have a legal right to search the vehicle at this time?

EricS76 wrote:

Renegade wrote: Would like to hear from a lawyer on this, but I think under Terry he could have you exit vehicle and pat you own for weapon, though he could not legally search vehicle.

Why would an officer not have a legal right to search the vehicle at this time?

A "Terry Search" is for officer safety. If you're out of the vehicle, nothing inside the vehicle is a threat to the officer.

I recall some good advice: if asked to exit the vehicle, lock it on your way out. "Force of habit, officer. Take a bite out of crime! :) "

At that point, anything in the vehicle is not only out of reach, it's securely locked. Terry would not apply.

Kevin

EricS76 wrote:

Renegade wrote:

HighVelocity wrote:My question is, Is it LEGAL for the officer to ask if there is a gun in the car?
Can the driver decline to answer?

Yes & Yes.

Would like to hear from a lawyer on this, but I think under Terry he could have you exit vehicle and pat you own for weapon, though he could not legally search vehicle.

Why would an officer not have a legal right to search the vehicle at this time?

No reasonable suspicion or probable cause. As KBcraig says, it is only for officer safety and even then it is not a full body search, just a cursory pat down for weapons on the person.

I recall some good advice: if asked to exit the vehicle, lock it on your way out. "Force of habit, officer. Take a bite out of crime! "

At that point, anything in the vehicle is not only out of reach, it's securely locked. Terry would not apply.

Good idea . . . especially if you have a car that uses keyless touchpad entry and you leave the actual keys inside. Now in order for the officer to search your vehicle he will have to actually break in to the locked vehicle to do so. I'm not an attorney, but it would seem to me that courts wouldn't tend to view this in a good light.