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Where in Texas do you work (patrol)? I think you've pulled me over.gigag04 wrote: A CD or spare tire is less likely to be used to kill him/her and leave the family behind...just food for thought. If I ask I usually ask about "guns, knives, improvised weapons, scud missles, circus clowns, or hand grenades" in the vehicle. Those that don't laugh are usually armed in some fashion.
When I was reading up on consent searches the other day, many people wondered how officers get someone who is not detained to consent to a search after he's done with a traffic stop. This was how. As they're giving back the license & insurance, they ask if the person has any guns, knives, drugs, bombs, WMDs, or terrorists like Osama bin Laden in their car or similarly silly and outrageous things (like scud missiles and circus clowns). The person is legally free to leave at this point but does not feel socially free to leave because this is still part of the concluding conversation where an authority figure is chastising them and going over what needs to be done. From a legal standpoint, the detention conversation has ended and the search conversation begun, but the average driver is completely unaware of that. The driver says no, meaning he isn't hiding terrorists or what not, and the officer says, "You wouldn't mind my checking really quickly, would you?" Unless the person specifically says the officer may not search, they now have consent from a person who is free to leave.G192627 wrote:Where in Texas do you work (patrol)? I think you've pulled me over.gigag04 wrote: A CD or spare tire is less likely to be used to kill him/her and leave the family behind...just food for thought. If I ask I usually ask about "guns, knives, improvised weapons, scud missles, circus clowns, or hand grenades" in the vehicle. Those that don't laugh are usually armed in some fashion.
I've only had two encounters with LEO's since moving here in '03... Both very professional.. The one I described above and one other in '04 when I was not carrying (going to work) and only had an out-of-state CHL... I didn't volunteer anything at that time, since I was not carrying and I assume he didn't have access to FL CHL records when he ran my TX DL..speedsix wrote:...exactly, RoyGBiv...and if an officer was busting chops, I'd give him nothing...but I honestly haven't run into one of those attitudes in Texas...I've been here since '84...every stop I've had ranged from polite to friendly and no shenannigans...our LEOs are to be proud of...
To get nit picky on you, the law still technically requires you provide your CHL. They just removed the penalty for failing to do so.djjoshuad wrote: If he does not ask, I do not volunteer. Now that the law no longer requires us to present CHL during a traffic stop, this is a very easy policy to abide by. They know you have a CHL as soon as they run your license anyway.
This law has NOT changeddjjoshuad wrote: Now that the law no longer requires us to present CHL during a traffic stop,
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) 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.
We can legally carry places others cant, but for that, we have to adhere to a stricter code and this is one area where it does not make sense as you say, since those that carry under MPA have no CHL to producedjjoshuad wrote:He mentioned something about traffic stops being exempt from this line of questioning, since *every* law-abiding citizen is able to carry in their vehicle now.
Looks like paw paw did it for you. If you do not have a CHL and have a gun in the vehicle, then you are carrying under the authority of the MPA and have no duty to inform. If you have a gun with you and have a CHL, you are carrying under the authority of the CHL and have a duty to inform. That's about as basically as it can be summed up I think.djjoshuad wrote:hmm... our instructor told us that it was no longer required by law for any reason unless the officer specifically asked if you were licensed to carry a weapon. He mentioned something about traffic stops being exempt from this line of questioning, since *every* law-abiding citizen is able to carry in their vehicle now. I need to look that up I guess :)
) and when I presented both my CHL and DL, the cop told me "you'd be surprised at how many people think they don't have to show me this now". I didn't feel like getting into a discussion of the difference between MPA and CHL and the fact that there is now no penalty for not having the CHL, so I just smiled.But, then 411.187 provides no penalty (as you stated). It's too long to post it all here, but there is nothing in it about suspension of the license for failure to display. I'm sure this has been beaten to death on another thread here somewhere... so rather than get back into that I'll just be sure I display and avoid any issues :)GC §411.205.
DISPLAYING LICENSE; PENALTY.
(a) 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
That's an OLD version. Straight from Texas Statutes online and current as of the 2009 legislative session is:djjoshuad wrote:the current and complete text straight from the DPS website is as follows (and is slightly confusing):
But, then 411.187 provides no penalty (as you stated). It's too long to post it all here, but there is nothing in it about suspension of the license for failure to display. I'm sure this has been beaten to death on another thread here somewhere... so rather than get back into that I'll just be sure I display and avoid any issues :)GC §411.205.
DISPLAYING LICENSE; PENALTY.
(a) 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. A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.
Note, no reference to a penalty. Also the same in the 2009 CHL-16 booklet.Sec. 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.
