Military Camp

How to handle Border Patrol checkpoint?

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  • DoubleActionCHL

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    Jun 23, 2008
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    Spring, Texas
    Alan doesn't like BS.

    I just got off the phone with an LEO sergeant friend of mine from Fort Bend Co. I posed the question ans asked his take on it. He said they've been instructed to use the 46.02 guidelines for unlicensed carry and ignore "traveling." Their philosophy is "simplify" and let the courts sort it out.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    Alan doesn't like BS.

    I just got off the phone with an LEO sergeant friend of mine from Fort Bend Co. I posed the question ans asked his take on it. He said they've been instructed to use the 46.02 guidelines for unlicensed carry and ignore "traveling." Their philosophy is "simplify" and let the courts sort it out.

    it makes sense that they would, since 99.9% of all cases they would run across would fall under 46.02.

    However, the fact is traveling remains; and there is other travel besides in a car. Under 46.02, it matters not if you are traveling.

    I know quite a few cops from local cops, to deputies, a Constable, a Chief of Police, and Texas DPS Tropers, and have had this same discussion. They tell me that they would first look at 46.02. If the person appears to meet what the know from case law to be traveling, then they could also apply 46.15.

    The simple fact is 46.02 does not exist if you meet 46.15. It is really quite clear. There is no nullification, overriding, or any other such thing in 46.02 that would affect 46.15.
     

    DoubleActionCHL

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    Jun 23, 2008
    1,572
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    Spring, Texas
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