You have to contact one of the following and ask them to request an AG opinion. List of who can request an AG opinion.Tracker wrote:Any confusion among LEOs could be cleared up quickly by an opinion from the state attorney general, Ken Paxton. Maybe we should all email him the [pre-paid legal]'s video along with arguments posted here for a legal opinion from his office.LSUTiger wrote:I agree that "I honestly don't know, except to say this is clearly unsettled and a real issue. It should, and very well could have been settled with the Huffines/Dutton amendment. I find the argument that it didn't have support dubious considering it passed both houses. " (nlyric)
IMHO, police wanted to intentionally leave a "gray" area of sorts where things are not explicitly stated in regards to what they can and cannot do but rather rely on peoples ignorance and or unwillingness to "beat the wrap but not the ride" when attempting to stand up for their rights, effectively leaving it up to police discretion to threaten and intimidate so they can discourage any lawful practice. Who wants to get arrested then have to fight in court and rely on some other precedence that may or may not be interpreted as it should?
Just like "in a manner calculated to alarm", omitted or vaguely defined wording leaves both some LEO's and NON-LEO's with an open or false interpretation of what is allowed and not allowed.
I have already heard false interpretation of what the police can do on the radio in interviews with some local CLEO's. No mention of 4th Amendment, Constitution, case precedence, law suits or court rulings. From radio talk show guy, just that the lack of the amendments in question means the police can do what they want and from CLEO's, not correcting the talk show host but just saying they are looking at ways to handle this (meaning they know better, just looking for a loophole, other than articulable reasonable suspicion). Spin, propaganda and confusion are already being promoted.
LEO's who decline to respect the constitution and law/case precedence are not deserving of the badge.
How to Request an Attorney General Opinion
https://www.texasattorneygeneral.gov/op ... al-opinion" onclick="window.open(this.href);return false;
The law doesn't go into affect until Jan 1 specifically because law enforcement wanted the time to instruct/train their officers. If there's confusion about what they can or cannot do with regards to someone OCing the AG should clear it up early on.
the head of a department of state government
the head or board of a penal institution
the head or board of an eleemosynary institution
the head of a state board
a regent or trustee of a state educational institution
a committee of a house of the Texas Legislature
a county auditor authorized by law
the chairman of the governing board of a river authority
a district or county attorney