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Disarmed by the Police

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  • avvidclif

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    Simple solution for the officer. Disarm the LTC per the law. No where does it say where he has to put it. So he carries it back to the car with him and runs it. As long as he didn't tell you what he was going to do, no foul. You don't know what he did.
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    Renegade

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    Mar 5, 2008
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    The traffic code violation is probable cause for the traffic stop. Almost every Class C misdemeanor in the State of Texas can result in the offender being instantered (taken into custody and then before a magistrate aka "arrested"). Speeding and a couple other offenses are excluded from this general rule. So, if you commit a traffic offense, you actually have provided the officer stopping you with probable cause to arrest you.

    Not seeing the connection between "can be arrested" and probable cause to search the car. By your own admission earlier, even if the guy is arrested the car is inventoried which you said is not a search.

    Most officers issue a citation w/summons and then release from the scene; however, that is not what is required.

    An officer arrested a 16yo for not signaling a turn in my town 15 years ago, had car towed and search, found nothing, the ensuing shitstorm was so big, well neither the cop or the chief lasted out the year. The new policy is no arrest unless person does not sign.

    From the point of beginning the traffic stop, additional probable cause can be built based upon what is said, done, smelled, heard, seen during the contact between the officer and the driver and/or occupants of the vehicle. For instance, when walking up to the window, if the officer smells the odor of marijuana, he now has probable cause regarding possession of marijuana that he did not have until making the contact. If, after getting that driver out of the vehicle, the officer pats down the driver and feels a concealed handgun--AND THE DRIVER IS NOT LICENSED--he has probable cause to reach into the pocket, seize & secure the handgun, and then arrest the driver.

    Probable cause builds based upon what is found during the contact. You start with the PC to make the stop and build from there. It's that simple.

    You keep bringing this up, but this is not what happened nor is what anyone is asking. Nobody is arguing you can search Dennis Spicolo's van when it is reaking of MJ.
     

    diesel1959

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    An officer arrested a guy for not signaling in my town 15 yea




    You keep bringing this up, but this is not what happened nor is what anyone is asking. Nobody is arguing you can search Dennis Spicolo's van when it is reaking of MJ.
    I brought up an issue to assist oldag better understand probable cause and how it is built. It was clearly a hypothetical case and not necessarily the one OP discussed. Sometimes additional questions or twists arise . . . like when you added the twist of "what if the guy hadn't been licensed?" in post #16. ;)
     

    bigwheel

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    Oct 19, 2018
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    Sounds like a clear cut case of too much information. Your pal should have buttoned up his/her mouth. Those East Texas grit eating cops dont take kindly to smart mouthed yankee hippies. How did you worm your way into the conversation?
     

    Renegade

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    I brought up an issue to assist oldag better understand probable cause and how it is built. It was clearly a hypothetical case and not necessarily the one OP discussed. Sometimes additional questions or twists arise . . .

    Nobody is asking how it is built. They are asking how you search a car looking for a gun because a guy changed lanes without signaling absent any other violations.
     

    diesel1959

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    Nobody is asking how it is built. They are asking how you search a car looking for a gun because a guy changed lanes without signaling absent any other violations.
    See oldag's post #47. That's what I was responding to. His very question betrayed a lack of understanding of what probable cause is, not to mention how it is built in the particular instance of a traffic stop.
     

    RoadRunner

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    I’d like to know how the actual disarming occurred? Hand officer loaded weapon? Expect him to know how to safely handle your weapon? Unload first? So LTC holder manipulates his loaded weapon beside officer and it’s for “officer safety?”

    Those are some good questions?

    .
     
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    9   0   0
    Aug 17, 2010
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    Nobody is asking how it is built. They are asking how you search a car looking for a gun because a guy changed lanes without signaling absent any other violations.
    The car was not searched. The officer had the power to disarm the LTC holder. I don't like it either, but that is what it is.
     

    jar

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    Aug 26, 2008
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    Much ado over nothing it seems. The officer did not keep the gun beyond a minimum time period and returned it and I see no difference between running a check to see if a drivers license is valid or insurance is in force or if a car is reported stolen or if the handgun was reported stolen.

    I'd say the officer behaved exactly as I would hope they behaved.
     

    Jon Payne

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    Nov 16, 2010
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    I’d like to know how the actual disarming occurred? Hand officer loaded weapon? Expect him to know how to safely handle your weapon? Unload first? So LTC holder manipulates his loaded weapon beside officer and it’s for “officer safety?”

    The deputy removed the pistol from the LTC’s holster.


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    sharkey

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    When officers stop you for traffic and check your license, they check for warrants. That is not considered a search so I would think a judge would see running the SN of the gun the same way.

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    Jon Payne

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    When officers stop you for traffic and check your license, they check for warrants. That is not considered a search so I would think a judge would see running the SN of the gun the same way.

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    My issue is with Texas Government Code Chapter 411.207.


    A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer REASONABLY believes it is necessary for the protection of the license holder, officer, or another individual.  

    I just don't see how it's reasonable for his deputies to disarm every LTC they encounter. Now I'm not making this up; I spoke to the sheriff at length. He told me what his policy and directions were.



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