Obviously you didn't read what I posted after that.Well don't do that on the side of the road.
Sent from my Pixel using Tapatalk
The deputy disarmed him and went back to his unit to check the gun for stolen. ]
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.
Most officers issue a citation w/summons and then release from the scene; however, that is not what is required.
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.
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.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 . . .
Saw it too late but you obviously thought others would think the same thing because you wrote an addendum to it.Obviously you didn't read what I posted after that.
Probable cause is an esoteric exercise in creative report writing. Yall should quit watching so much TV or listening to CNN.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.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.
Who is that directed towards? OP?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?
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 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.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.
I was wondering the same thing.Who is that directed towards? OP?
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?”
Maybe I missed it, but where is the proof the SN was checked?
Words are hearsay. FOOA request done?
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.
Sent from my Pixel using Tapatalk