First concealed carry traffic stop

[matefrio]

If you have a CHL, you've agreed (given your word) to show it even if there is not a punishment for not doing so.

As far as car carry without a chl the 5th amendment is your friend.

 

[txinvestigator]

An L.E.O can Frisk even without PC or reasonable suspicion, and/or consent?

Did I write that?

 

[Vaquero]

When I drive by at legal speed and wave, they wave back and don't stop me.

 

[RACER X]

If you have a CHL, you've agreed (given your word) to show it even if there is not a punishment for not doing so.

As far as car carry without a chl the 5th amendment is your friend.

From my understanding, as of 2-3yrs ago, Texas extended the came doctrine to include your car also. Allowing people to carry concealed in their car w/o a chl, made it pointless to make chlers have to show their license, and so got rid of that law. Where you HAD to show it before that.

sent from my cell phone, far far away but still monitored by the NSA

 

[RACER X]

Castle doctrine

sent from my cell phone, far far away but still monitored by the NSA

 

[hellishhorses]

The CHL does not provide an exemption from the search warrant requirement.

Nope. But reasonable suspicion that you are armed and dangerous IS.

 

[txinvestigator]

Nope. But reasonable suspicion that you are armed and dangerous IS.

Not exactly. And the CHL does not provide that suspicion

 

[txinvestigator]

From my understanding, as of 2-3yrs ago, Texas extended the came doctrine to include your car also. Allowing people to carry concealed in their car w/o a chl, made it pointless to make chlers have to show their license, and so got rid of that law. Where you HAD to show it before that.

sent from my cell phone, far far away but still monitored by the NSA

The Castle Doctrine has nothing to do with where you can carry. It made changes to the use of force laws.

You are referring to the motorist protection act. The law requiring you to display is still in 411 (h) of the Government Code.

And it was in 2007.

 

[hellishhorses]

Not exactly. And the CHL does not provide that suspicion

I may be making some unfair assumptions based on the details given. I'm assuming the poster wasn't under arrest. I'm also assuming the poster wasn't dumb enough to give consent, either willingly or unknowingly. I'm assuming that the gun wasn't visible (poster claims it was in his wife's purse in the floor board). And because the vehicle wasn't searched, I assume it didn't fall under any of the other three exceptions. I can only assume that after hearing the poster was a CHL holder that the officer felt it prudent to disarm the poster and check for additional weapons — :SHRUGS.

Of course, all of this is assuming the officer conducted this search legally and not an abuse of his authority to conduct a roadside trial.
^^^Could be naive thinking, I know.

 

[hellishhorses]

Oh, and as far as I know, an officer may temporarily disarm a CHL holder for officer safety (sometimes disarming and frisking feel very similar).

 

[matefrio]

From my understanding, as of 2-3yrs ago, Texas extended the came doctrine to include your car also. Allowing people to carry concealed in their car w/o a chl, made it pointless to make chlers have to show their license, and so got rid of that law. Where you HAD to show it before that.

The requirement to show your CHL is still there, there is no penalty though if you don't show it.

 

[txinvestigator]

The requirement to show your CHL is still there, there is no penalty though if you don't show it.

Other than pissing off the very person who has the discretion to not write you a ticket.

 

[karlac]

The requirement to show your CHL is still there, there is no penalty though if you don't show it.

Yep, and it should be the epitome of a "no brainer". Common courtesy to present it along with the TDL, and thoughtless, ignorant, stupidity not to ... especially if you think, by not doing so, you are somehow proving a point.

 

[cbigclarke]

When I drive by at legal speed and wave, they wave back and don't stop me.

Sell out

Sent from my DROID RAZR using Tapatalk

 

[40Arpent]

I'm a mid 40yo bald Asian male, dressed in long sleeve button down, driving a lightly tinted Mazda wagon

Hell yeah, damn right that if I'm a cop i'm gonna cuff your ass and frisk you. You make it out to seem that you're all innocent and clean looking but to me you look more like damn Chinese drug lord kabuki mother fucker. Probably cause....definitely.

 

[S4ZA]

They are going to know anyway as soon as they get back to their car and run your info, no?

 

[Charlie]

They are going to know anyway as soon as they get back to their car and run your info, no?

Yep!

 

[40Arpent]

How does any of your story establish the "frisk" was improper?

Are you implying that unless the officer informed RacerX as to why he was being frisked, we don't know the whole story and therefore cannot ascertain the legality of the officer's actions?

 

[40Arpent]

They are going to know anyway as soon as they get back to their car and run your info, no?

Which will likely result in an increased heart rate.

 

[T-FAST]

I had my first stop a few months ago, was speeding through the King Ranch. I told him I was carrying and he just told me I thought so, lol, must have seen my bumper stickers.... He then proceeded to give me a warning, thankfully, very nice guy. Typically the DPS in the King Ranch aren't very forgiving with the tickets.