Failure to ID.......

[Axxe55]

Correct. SCOTUS has ruled a stop/detention solely to check license status violates the 4A. Pretext stops, i.e. I see a known drug dealer leave a known drug house and I find a ticky-tack traffic violation to detain him so I can see if any other crimes are afoot is 100% OK since there is RS/PC for the detention and I don't have to strictly limit my investigation to THAT crime.

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And anything illegal in plain sight, is fair game for the officer to justify doing a search without permission or a search warrant.

 

[rotor]

Totally different MY house is MY property.
Same with my vehicle as to consent.
Sure I can refuse to ID and or allow search of car.
Why if Im legal.
I know whats in my car.
Axxes above situation the dude really should CLEAN his used cars out.

I was referring to being in a public local and lets say you observe a situation LE arrives and asks witnesses for ID.

Not a problem.


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If I need to explain to you why you should not allow an illegal search than you are too far gone to understand it. If you are a witness to a crime and provide voluntary ID that is a different situation. Voluntary is voluntary. Many a person has had a legal nightmare with the thought process "I didn't do anything wrong".

 

[mongoose]

I worked with a guy who bought his daughters van to get out from under water. He knew his daughter and her worthless boy friend well enough to have a CBP friend check it for narcotics. Sure enough they found meth.
Back in the 70s I was installing a stereo in a Ranchero my roommate had just bought off a rich kid from Austin. I had an envelope full of joints drop out of the dash.

 

[Axxe55]

Totally different MY house is MY property.
Same with my vehicle as to consent.
Sure I can refuse to ID and or allow search of car.
Why if Im legal.
I know whats in my car.
Axxes above situation the dude really should CLEAN his used cars out.

I was referring to being in a public local and lets say you observe a situation LE arrives and asks witnesses for ID.

Not a problem.


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He only had bought the car a few days prior to being stopped and arrested. From what I remember about the incident, the drugs were under the carpet, under the front seat. Not a place most people would think to clean in the first place.

If I need to explain to you why you should not allow an illegal search than you are too far gone to understand it. If you are a witness to a crime and provide voluntary ID that is a different situation. Voluntary is voluntary. Many a person has had a legal nightmare with the thought process "I didn't do anything wrong".

Witnessing a crime, I do believe it's a civic duty to be the best witness possible. Offering your ID and information in case they have further need to ask for more information, I have no problem with either.

I worked with a guy who bought his daughters van to get out from under water. He knew his daughter and her worthless boy friend well enough to have a CBP friend check it for narcotics. Sure enough they found meth.
Back in the 70s I was installing a stereo in a Ranchero my roommate had just bought off a rich kid from Austin. I had an envelope full of joints drop out of the dash.

The thing is, IF the cops search YOUR vehicle, that you just bought, and the drugs or anything illegal was already there prior to you buying the vehicle, as far as they are concerned, those drugs belong to you.

Possession is 9/10th of the law?

 

[cycleguy2300]

If I need to explain to you why you should not allow an illegal search than you are too far gone to understand it. If you are a witness to a crime and provide voluntary ID that is a different situation. Voluntary is voluntary. Many a person has had a legal nightmare with the thought process "I didn't do anything wrong".

Usually that is because they had done something and were arrogant and thought they would get away with it...

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[mongoose]

He only had bought the car a few days prior to being stopped and arrested. From what I remember about the incident, the drugs were under the carpet, under the front seat. Not a place most people would think to clean in the first place.


Witnessing a crime, I do believe it's a civic duty to be the best witness possible. Offering your ID and information in case they have further need to ask for more information, I have no problem with either.


The thing is, IF the cops search YOUR vehicle, that you just bought, and the drugs or anything illegal was already there prior to you buying the vehicle, as far as they are concerned, those drugs belong to you.

Possession is 9/10th of the law?

He used a friend to check out the van. The CBP guy let the daughter slide and used the threat of drug charges to scare off the boyfriend.

 

[cycleguy2300]

He only had bought the car a few days prior to being stopped and arrested. From what I remember about the incident, the drugs were under the carpet, under the front seat. Not a place most people would think to clean in the first place.


Witnessing a crime, I do believe it's a civic duty to be the best witness possible. Offering your ID and information in case they have further need to ask for more information, I have no problem with either.


The thing is, IF the cops search YOUR vehicle, that you just bought, and the drugs or anything illegal was already there prior to you buying the vehicle, as far as they are concerned, those drugs belong to you.

Possession is 9/10th of the law?

Ownership isnt the question, possession is.

Now, I've had a stop like this and they got some hassle (what do you expect, there are drugs in the car) but we were able to confirm their story and they were fully ID'd, drugs seized and a report written and they were sent on their way.

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[Texas45]

If I need to explain to you why you should not allow an illegal search than you are too far gone to understand it. If you are a witness to a crime and provide voluntary ID that is a different situation. Voluntary is voluntary. Many a person has had a legal nightmare with the thought process "I didn't do anything wrong".

No need for you to splain it to me.
I know the difference between consent and not.
Also know if they have what we call reasonable suspicion they will search even after you say NO.

Please take your better/smarter than though attitude elsewhere.

Trust me you aint the smartest mofucker in da world


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[cycleguy2300]

No need for you to splain it to me.
I know the difference between consent and not.
Also know if they have what we call reasonable suspicion they will search even after you say NO.

Please take your better/smarter than though attitude elsewhere.

Trust me you aint the smartest mofucker in da world


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Reasonable suspicion isn't enough for a search, you need probable cause for a search or arrest.

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[rotor]

No need for you to splain it to me.
I know the difference between consent and not.
Also know if they have what we call reasonable suspicion they will search even after you say NO.

Please take your better/smarter than though attitude elsewhere.

Trust me you aint the smartest mofucker in da world


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Obviously I do need to explain it to you. And I don't know your mother.

 

[ScottDLS]

It all depends on how its charged. The totality of the circumstances. It can be a ticket or a child endangerment charge and there have been convictions both ways. There have been endangerment convictions for speeding with kids in the car.

Totality of circumstances.

The law is seldom as black and white as its printed. Especially after its application develops case law and prescident.

Then the charge is not for the restraint issue. If you are drunk and the child is restrained you'll be charged with endangerment. If the child isn't restrained, you'll be charged for endangerment, and for the seatbelt violation. If speeding to such an extent that it rises to child endangerment, the fact of the restraint is again irrelevant.

The relevant portion of the statute is:

(c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.

If the particular fact of the failure to use a seatbelt/car seat rose to that level, then every violation could be charged such. It is the other conduct that would support the charge, and simply having the child in a proper restraint wouldn't avoid it.

 

[benenglish]

Is this thread approaching the point where everyone is repeating themselves and I need to lock it? It's sure starting to sound repititous to me.

 

[motorcarman]

Is this thread approaching the point where everyone is repeating themselves and I need to lock it? It's sure starting to sound repititous to me.

Please repeat your post. I don't think I caught it the first time!

 

[ScottDLS]

Please repeat your post. I don't think I caught it the first time!

If you purchase a gun in a private sale in Texas do you have to show ID to the seller so that he can fill out the Bill of Sale?

 

[avvidclif]

If you purchase a gun in a private sale in Texas do you have to show ID to the seller so that he can fill out the Bill of Sale?

Short answer, hell no. And I won't give him anything to put on a BOS either. I have money, you have gun. We swap. If you're wanting to sell make sure to list your conditions of the sale.

 

[avvidclif]

Is this thread approaching the point where everyone is repeating themselves and I need to lock it? It's sure starting to sound repititous to me.

Naw, it took a turn to BOS....

 

[ScottDLS]

Wouldn't you want a bill of sale so that when the .44 you bought turned out to be used by Son of Sam, you could "prove" to ATF that it was registered in Texas to you...?

 

[motorcarman]

 

[SA_Steve]

When this law kicks in at least the Fed cops will have to ID themselves:

 

[candcallen]

Wouldn't you want a bill of sale so that when the .44 you bought turned out to be used by Son of Sam, you could "prove" to ATF that it was registered in Texas to you...?

Guns aren't registered to anyone in texas