When stopped as a passenger

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TXGUS1032
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When stopped as a passenger

#1

Post by TXGUS1032 »

Hello All,

I am a new member here and I have found this site a valuable resource of knowledge.

I have been carrying daily with my CHL for about a year now and I have been wondering...


Understandably If you are the driver of a stopped vehicle you present both your DL & CHL to the officer.


What if you are a passenger in the car? should you voluntarily also offer your CHL to the officer?


Is doing so a legal requirement? and if not what complications could arise if you failed to inform?

Just wanting to stay on the right side of the law.

Any input is welcome.

Thanks!

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Re: When stopped as a passenger

#2

Post by Michael Scofield »

No. Don't volunteer anything. Only present your CHL if the LEO asks you specifically for ID and if you are carrying. Although I would present my CHL even if I wasn't carrying just to avoid the LEO coming back after running my license and asking if I'm armed. Other than that don't say anything. You have no legal obligation to do so.
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RPBrown
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Re: When stopped as a passenger

#3

Post by RPBrown »

Michael Scofield wrote:No. Don't volunteer anything. Only present your CHL if the LEO asks you specifically for ID and if you are carrying. Although I would present my CHL even if I wasn't carrying just to avoid the LEO coming back after running my license and asking if I'm armed. Other than that don't say anything. You have no legal obligation to do so.
:iagree:
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mojo84
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Re: When stopped as a passenger

#4

Post by mojo84 »

The law says to provide your LTC (CHL) along with your ID if legally requested/demanded by a cop. If he doesn't request it, I wouldn't offer it.

I wouldn't get caught up on the constitutional issue of whether or not he is lawful in demanding to see your ID since you aren't the driver. That usually only makes the situation worse. That's something to be taken up afterwards through the proper channels.
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JALLEN
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Re: When stopped as a passenger

#5

Post by JALLEN »

I don't have as much experience with this as many, but ordinary, routine traffic stops usually are between the driver and the cop. Passengers aren't involved.

Depending on the circumstances, police often have a fetish about getting ID from everyone they contact. Since no law requires having ID on your person unless engaged in a particular activity that requires it, this sometimes causes suspicion where none would ordinarily arise.

I did not carry ID on runs or bike rides in my triathloning training days, or swims either, for that matter. On one occasion, I encountered some sort of officious fellow while running on the beach near the border who apparently believed ID was required at all times. He wasn't a real cop or Border Patrolman, maybe a state beach life guard on steroids or something. We got it sorted out after some bother.
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Re: When stopped as a passenger

#6

Post by Pawpaw »

JALLEN wrote:I don't have as much experience with this as many, but ordinary, routine traffic stops usually are between the driver and the cop. Passengers aren't involved.
:iagree: Under any and all circumstances, CHL or not, the very best thing a passenger can do is his/her best impression of a church mouse.

Keep your mouth shut unless the officer or driver asks you a question. In that case, you answer the question without embellishment.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams

flechero
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Re: When stopped as a passenger

#7

Post by flechero »

I think I saw this asked before but couldn't find it...

What if the officer asks if there are any weapons in the car? Driver may or may not know you are carrying...
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Vol Texan
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Re: When stopped as a passenger

#8

Post by Vol Texan »

flechero wrote:I think I saw this asked before but couldn't find it...

What if the officer asks if there are any weapons in the car? Driver may or may not know you are carrying...
The question, if asked of the driver, is of no consequence to you. You need not answer unless the question is asked of you.

If I were the passenger, I'd likely have my wallet ready and in my hand, just in case that question were to be asked of me. That way, if (and I consider this a low probability) the officer asked me that question, I could present it just before answering.
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TXGUS1032
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Re: When stopped as a passenger

#9

Post by TXGUS1032 »

Thank you all for your input.

One of the reasons I asked this question was because I had watched a video on youtube https://www.youtube.com/watch?v=kassP7zI0qc. In consideration of your comments. This guy got a pretty raw deal... any feedback in light of my original post and after watching this video?

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TXGUS1032
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Re: When stopped as a passenger

#10

Post by TXGUS1032 »

I would also like to add that I do not taxi around prostitutes and their pimps (given the context of the link I provided) :tiphat:
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Pawpaw
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Re: When stopped as a passenger

#11

Post by Pawpaw »

TXGUS1032 wrote:Thank you all for your input.

One of the reasons I asked this question was because I had watched a video on youtube https://www.youtube.com/watch?v=kassP7zI0qc. In consideration of your comments. This guy got a pretty raw deal... any feedback in light of my original post and after watching this video?
The only thing in Texas law about notification is as follows:
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is
carrying a handgun on or about the license holder’s person when a magistrate or
a peace officer demands that the license holder display identification, the license
holder shall display both the license holder’s driver’s license or identification
certificate issued by the department and the license holder’s handgun license.
---
Last amended by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12A.02, eff.
September 1, 2009.
So, you don't "tell" the officer anything. When he requests YOUR ID, you also present your CHL/LTC. :tiphat:
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
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RoyGBiv
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Re: When stopped as a passenger

#12

Post by RoyGBiv »

FWIW.

The one time I was a passenger during a TS, the officer came to the passenger side window (I 45) and after a brief chat asked for drivers ID and insurance. I said "Officer I have a carry permit and have a weapon with me today ". Officer said thanks for letting me know. Didn't ask to see any ID from me. Wrote a ticket for +9 (we were well over that) and sent us on our way.

Dunno...... did we cache a break?
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nightmare69
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Re: When stopped as a passenger

#13

Post by nightmare69 »

Unless the officer asks you for ID or has you step out of the vehicle I would just keep quiet. Like the old saying, do not speak unless spoken too.
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JALLEN
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Re: When stopped as a passenger

#14

Post by JALLEN »

This is a good situation to recall the admonition of Will and Ariel Durant, that "nothing is often a good thing to do, and always a clever thing to say."
Luckily, I have enough willpower to control the driving ambition that rages within me.
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