CHL Traffic Stop

[Shorts]

I'm curious about this one. Is there case law or other statutes that say otherwise? Can an officer actually pull you over just to check your DL without RS?

No idea but I caught that one too. I'll check around.

 

[Mreed911]

Name and date of birth.

You can lie, but when the descriptors from "your" return don't match you, if it comes back with any return at all, the LEO will dig to find out what you're hiding. (Because being a liar and evading the questions is suspicious)

Actually, you can't. Giving false information when detained (or arrested) is a violation of 38.02. Failing to give information when detained (and when not engaged in any licensed activity) is not.

To your later point, though, I've generally found my CHL to be my "good guy" card and in the years I was a LEO, treated CHL'ers the same way. Folks that go out of their way to follow the rules (whether they agree with them or not, even if they're fighting to get them changed/repealed) are less likely to be a threat or someone I'd prefer remember the hard time they had in the encounter with me.

 

[Shorts]

Actually, you can't. Giving false information when detained (or arrested) is a violation of 38.02. Failing to give information when detained (and when not engaged in any licensed activity) is not.

To your later point, though, I've generally found my CHL to be my "good guy" card and in the years I was a LEO, treated CHL'ers the same way. Folks that go out of their way to follow the rules (whether they agree with them or not, even if they're fighting to get them changed/repealed) are less likely to be a threat or someone I'd prefer remember the hard time they had in the encounter with me.

Didn't say it was a crime, I said it was suspicious. The LEO will know because Dispatch will know when your descriptors don't match. Sure, people change their looks, but the officer will investigate until s/he is satisfied/can legally go no further.

I maintain a person can lie, those charges can/will get tacked on at booking

 

[txinvestigator]

"My name is Joe Blow and my date of birth is 01/01/1901."

PC 38.02 is very clear on when you must provide ID - when you're under arrest.

Otherwise, if you're doing something that requires a license in Texas, the licensure statute for that activity may require you present the license, ID, etc. Examples: Driving, carrying a concealed weapon, performing duties as an EMS certified/licensed provider, etc.

You do not have to provide ID when under arrest.

Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

Unless you are under arrest, it is only unlawful to lie about it if you meet specific circumstances;

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address,(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

Refusing to ID under the above 3 is not unlawful. Notice none of them requires the person to posses and show any type of ID.

 

[Mreed911]

You do not have to provide ID when under arrest.

I think you're mincing words on providing ID.

The law clearly states in plain language:

A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

Giving your name, address, and/or DOB is providing ID, whether you hand someone a card or verbally give them the information.

If you intentionally refuse to do so while under arrest and requested, that's a crime.

 

[txinvestigator]

I think you're mincing words on providing ID.

The law clearly states in plain language:



Giving your name, address, and/or DOB is providing ID, whether you hand someone a card or verbally give them the information.

If you intentionally refuse to do so while under arrest and requested, that's a crime.

You wrote that a person must "provide ID when arrested" I don't know what that means to you, but "provide ID" means to me "provide ID" ID means identification. So it means "provide identification". That is not what the law requires. Saying "provide ID" means physical ID to people who understand English.

All one must do is give the info. Verbal suffices.

 

[Mreed911]

Saying "provide ID" means physical ID to people who understand English.

All one must do is give the info. Verbal suffices.

Give = provide.

Provide Synonyms, Provide Antonyms | Thesaurus.com

I never said physical ID had to be provided. I said ID had to be provided, as the law states. Whether that's verbal, written, on a state issued card, or some other way, it must be provided.

If you can find a way to provide ID without giving ID information in any form, more power to you.

 

[I hate dry counties]

I'm still waiting for my CHL to be issued to me but when it is, I will definitely give CHL with license when stopped. I don't want a nervous or suspicious officer when I'm stopped. They are going to find out you have a CHL when they run your license. You never know what they might think they are seeing in your movements and how they might react.

But I've always had a loaded rifle and/or handgun in my truck. Without CHL it's just not necessary to tell them when they have no reason to suspect that I do.

 

[BIGPAPIGREG]

I'm still waiting for my CHL to be issued to me but when it is, I will definitely give CHL with license when stopped. I don't want a nervous or suspicious officer when I'm stopped. They are going to find out you have a CHL when they run your license. You never know what they might think they are seeing in your movements and how they might react.

But I've always had a loaded rifle and/or handgun in my truck. Without CHL it's just not necessary to tell them when they have no reason to suspect that I do.

this makes zero sense.......

 

[I hate dry counties]

this makes zero sense.......

Explain why.

If I have a CHL, they suspect me of having a firearm so I'm willing to disclose that fact. I don't want to get shot for grabbing my wallet or insurance or any other movement.

If I don't have a CHL, they have no reason to suspect me of having a firearm.

edit: nevermind. I just checked your post history and you're obviously a low IQ incomplete sentence poster. Thinking is hard.

 

[BIGPAPIGREG]

Explain why.

If I have a CHL, they suspect me of having a firearm so I'm willing to disclose that fact. I don't want to get shot for grabbing my wallet or insurance or any other movement.

If I don't have a CHL, they have no reason to suspect me of having a firearm.

Soooooo, if you have a CHL, you are worried that LEO's will think you are possibly going to do something sketchy, or are a bad person? Even though you have to go through a back ground check that proves you are a law abiding citizen & not a criminal/felon. Yet, if you do not have a CHL, but have multiple firearms/weapons in the vehicle it's all good to not let them know (as a courteous law abiding citizen)???? Just let them find out on their own? Makes zero sense to me. But that's the good thing about it, you do what you think will work out best for you. However, I don't see them being very happy with you if they search yer vehicle (for what ever reason) and find numerous firearms/weapons that you felt was unnecessary to let them know about. Good luck with that. I just don't see anything good coming from it.

 

[Big Dipper]

Explain why.

If I have a CHL, they suspect me of having a firearm so I'm willing to disclose that fact. I don't want to get shot for grabbing my wallet or insurance or any other movement.

If I don't have a CHL, they have no reason to suspect me of having a firearm.

edit: nevermind. I just checked your post history and you're obviously a low IQ incomplete sentence poster. Thinking is hard.

Really?!

I can't imagine any properly trained cop who would approach any vehicle and NOT suspect that the occupant(s) may be armed. Only after the face to face contact and ID might he/she be somewhat less suspicious, and disclosure at that point that there are weapons inside just may contribute to that.

 

[Mreed911]

edit: nevermind. I just checked your post history and you're obviously a low IQ incomplete sentence poster. Thinking is hard.

Wow, Greg's done nothing to deserve this, especially from a 20-post newbie. Welcome to the ignore list.

 

[ZX9RCAM]

Wow, Greg's done nothing to deserve this, especially from a 20-post newbie. Welcome to the ignore list.

This...

 

[BIGPAPIGREG]

edit: nevermind. I just checked your post history and you're obviously a low IQ incomplete sentence poster. Thinking is hard.

I can't explain how much your comment hurts my feelings............really it hurts. I don't think there is any way I will ever recover from the hurt that I am feeling right now.

I do love fellers like you that get butt hurt when someone simply disagrees with something that you have said. Guys such as yourself, make me smile. Go ahead and keep running yer mouth as you see fit. Just keep it generic & don't use big words......my low IQ has a hard time keeping up

 

[BIGPAPIGREG]

Wow, Greg's done nothing to deserve this, especially from a 20-post newbie. Welcome to the ignore list.

This...

thanks fellas...............y'all know how fragile I am. HAAAAA!!!!

 

[kyletxria1911a1]

Wow, Greg's done nothing to deserve this, especially from a 20-post newbie. Welcome to the ignore list.

This and this.

 

[kyletxria1911a1]

I can't explain how much your comment hurts my feelings............really it hurts. I don't think there is any way I will ever recover from the hurt that I am feeling right now.

I do love fellers like you that get butt hurt when someone simply disagrees with something that you have said. Guys such as yourself, make me smile. Go ahead and keep running yer mouth as you see fit. Just keep it generic & don't use big words......my low IQ has a hard time keeping up

Slow white folk sigh

 

[BIGPAPIGREG]

Slow white folk sigh

Maybe I can get a handicap parking endorsement......then, I could get more better parking.

 

[oohrah]

I don't know you, Greg, but that was a cheap shot.