Pulled over ... while walking

[seamusTX]

... was there a curfew in effect?

In Austin, for adults?

I'm guessing anyone who has a CHL is an adult.

- Jim

[agbullet2k1]

... was there a curfew in effect?

In Austin, for adults?

I'm guessing anyone who has a CHL is an adult.

- Jim

Stranger things have happened. It would be just about the only thing I could think of that would have justified (although still pretty lame) their actions.

[Fangs]

I don't think anyone's mentioned it yet, but depending on the size of your one beer, could you still have had ANY alcohol in your system? Wouldn't that get you in trouble for carrying if the officer really wanted to fish for a reason?

[flintknapper]

At the point in the relevant story that this resistance would have been offered (ie when he went to apply handcuffs) the op's id had already been taken. If you "hand the cops butt to them" after they have called in your id, how long do you think it will take before the swat team kicks in your door?

Now I agree that there are bad cops out there, and that unlawful detentions, and arrests do take place. I don't believe it is as often as people seem to think. I agree with what has been said though, on th estreet is not the place to fight with the police, especially by force. If your arrest was unlawful a first year law student should be able to get you off on the criminal charge, and you should then file a civil suit.

About the same amount of time it took me to drive over to my Lawyer's place of business (didn't go HOME).

[KBCraig]

I don't think anyone's mentioned it yet, but depending on the size of your one beer, could you still have had ANY alcohol in your system? Wouldn't that get you in trouble for carrying if the officer really wanted to fish for a reason?

[seamusTX]

Fangs, if someone does not appear to be drunk (intoxicated), the LEO has no probable cause to stop him on suspicion of public intoxication.

It is illegal to be in a public place or carry while intoxicated. It is not illegal to carry after one drink, unless it was a 55-gallon can of beer.

- Jim

[Fangs]

I'll be the first to admit that I'm completely new to all the CHL stuff (took the class Nov. 1st), so please forgive my ignorance, but I was under the impression that any alcohol in your system at all meant you couldn't carry legally. Am I wrong? Is there a legal limit? Or is it just not that strictly enforced, like one or two beers they'll let you slide?

I'd assume that just as someone can be pulled over for "low tread on their tires" (I've seen it) and then go to jail for a DWI, a pedestrian could be pulled over for "looking suspicious" (or whatever dumb reason they want to use) and go to jail for carrying concealed with alcohol in his system.

You know it helps when this: is accompanied with an explanation. That way instead of wondering why I made you hurt your head, I then know... and that way I don't have to do it again.

[Keith B]

I'll be the first to admit that I'm completely new to all the CHL stuff (took the class Nov. 1st), so please forgive my ignorance, but I was under the impression that any alcohol in your system at all meant you couldn't carry legally. Am I wrong? Is there a legal limit? Or is it just not that strictly enforced, like one or two beers they'll let you slide?

I'd assume that just as someone can be pulled over for "low tread on their tires" (I've seen it) and then go to jail for a DWI, a pedestrian could be pulled over for "looking suspicious" (or whatever dumb reason they want to use) and go to jail for carrying concealed with alcohol in his system.

You know it helps when this: is accompanied with an explanation. That way instead of wondering why I made you hurt your head, I then know... and that way I don't have to do it again.

There have been plenty of threads on the forum on this subject. The search feature will help you find some of those to review. Here is the most recent for starters http://www.texasshooting.com/TexasCHL_F ... &sk=t&sd=a" onclick="window.open(this.href);return false;

[subsonic]

I'd assume that just as someone can be pulled over for "low tread on their tires" (I've seen it) and then go to jail for a DWI, a pedestrian could be pulled over for "looking suspicious" (or whatever dumb reason they want to use) and go to jail for carrying concealed with alcohol in his system.

The difference is it's legal to stop a vehicle for an equipment violation but it's not legal to stop someone for being black.

[dihappy]

Ah, the infamous "arrested for resisting arrest" charge.

"So, officer, why was the defendant being arrested?"
"For resisting arrest."
"What arrest was it that he was resisting?"
"Being arrested."
"For what?
"Resisting arrest."

Repeat ad infinitum...

LOL, thats great.

[KD5NRH]

As far as the wallet goes, the way you describe the incident it does not appear the officer asked for your wallet, or even your id before you reached for it and handed it to him... perhaps this was something he didn't like? I would not stand there holding a "suspects" wallet while conducting an investigation either.

Then move the interview over by the car and set it down on the hood. Tossing property on the ground is just trying to get the stop to go bad as an excuse.

[Fangs]

My friend's mom said that a LEO told her that he's not allowed to touch her wallet when she asked him to help her get her ID out at a traffic stop (her wallet was so full of cards that she was having difficulty removing her TDL). This was in Gruene, TX by I believe a Comal County Sheriff.

[WildBill]

My friend's mom said that a LEO told her that he's not allowed to touch her wallet when she asked him to help her get her ID out at a traffic stop (her wallet was so full of cards that she was having difficulty removing her TDL). This was in Gruene, TX by I believe a Comal County Sheriff.

This is common policy to prevent complaints about LEOs taking money from wallets.

[KRM45]

At the point in the relevant story that this resistance would have been offered (ie when he went to apply handcuffs) the op's id had already been taken. If you "hand the cops butt to them" after they have called in your id, how long do you think it will take before the swat team kicks in your door?

Now I agree that there are bad cops out there, and that unlawful detentions, and arrests do take place. I don't believe it is as often as people seem to think. I agree with what has been said though, on th estreet is not the place to fight with the police, especially by force. If your arrest was unlawful a first year law student should be able to get you off on the criminal charge, and you should then file a civil suit.

About the same amount of time it took me to drive over to my Lawyer's place of business (didn't go HOME).

I bet that is an interesting story... Still not something I would recommend.

[gregthehand]

Huh uh, ain't happening, I would not have complied, they'd need the whole dang force. They can put one on me and put the other on the car or a fence or a pole, but not both hands together.

Have fun with that man really. By the way here at the county jail breakfast is at 4:30 am oh and we hope you don't mind sharing a room. CHL? You're a good guy? Not in our book you resisted buddy.

You may beat the charge but you won't beat the ride man. It ain't worth it. Fight it later.