TexasCHLforum.com

KBCraig wrote:Well, there's one more thing: after "I do not give my consent to search", always ask, "Am I free to go?"

Bingo!!!

Just remember to not include the words "yes" or "no" in that answer...

The question being:

"Well do you mind if I take a look in your vehicle sir/ma'am?"

I'm not trying to be a pain about it either...Of course we do not have anything to hide, so there is no need to consent to a search...

All of this is a rarity from what I've seen over the years anyway...And the response needs to roll right off the tongue...Like when your wife/girlfriend asks you:

"Does this dress make me look fat?"

You better have the answer out before you have time to think about it...Any delay will be costly...

HankB wrote:

llwatson wrote:I don't put NRA, TSRA, etc, stickers on my vehicle. Not because of law enforcement - just the opposite. I don't want some bad guy profiling my truck and thinking I might have guns and ammo in it worth stealing.

Note that the type of officer who decides he's going to stop you for having an NRA sticker is probably the type of officer who will have no qualms about inventing a court-approved "probable cause" after the fact.

Probably not much of an issue in Texas, but if you ever decide to drive your car (with TX plates!) into Chicago, Boston, New York, San Francisco, etc., you may be in for some problems.

I had my NRA Life Member stickers on my truck in Kalifornia and was never stopped except once for speeding. I was caught by aircraft radar.

Anygun

In one of our border States, I won't mention it's name but it is East of us, there is an offense of DWT - - - Driving While Texan - - - Texas plates will get you stopped for speeding if you are only 1 over.

I had a little time to review the ruling in Estep v. Dallas. Here is the core of it, as it applies to this question:

Thus, for purposes of determining whether the Fourth Amendment
was violated, the question is: was it reasonable for Officer Peace
to think Estep was dangerous and might gain immediate control of a
weapon based upon (1) Estep’s vehicle containing an NRA sticker;
(2) Estep’s vehicle containing camoflauge gear; (3) Estep showing
Peace that he had a key chain which contained mace; (4) Estep
getting out of the car to hand Peace his identification; and (5)
Estep’s manner in answering Peace’s questions?

The answer to that question is no for several reasons. The
presence of the NRA sticker in the vehicle should not have raised
the inference that Estep was dangerous and that he might gain
immediate control of a weapon. Regardless of whether there is some
correlation between the display of an NRA sticker and gun
possession, placing an NRA sticker in one’s vehicle is certainly
legal and constitutes expression which is protected by the First
Amendment. A police officer’s inference that danger is afoot
because a citizen displays an NRA sticker in his vehicle presents
disturbing First and Fourth Amendment implications.

- Jim

llwatson wrote:I don't put NRA, TSRA, etc, stickers on my vehicle. Not because of law enforcement - just the opposite. I don't want some bad guy profiling my truck and thinking I might have guns and ammo in it worth stealing.

ditto....

Thanks, Jim. I can't read .pdf files on my cell phone (which is where I post from).
Despite this being an urban myth it has happened.

Seburiel wrote:Despite this being an urban myth it has happened.

It happened; but note that the reason for the traffic stop was that the guy was speeding, not because he had an NRA sticker.

It has now been ruled unconstitutional to use stickers as the basis of a search. Any cop stopping or searching cars for that reason would probably be disciplined.

- Jim

hmmm, where can i get a sticker of a giant hemp leaf? :)

LedJedi wrote:hmmm, where can i get a sticker of a giant hemp leaf? :)

While I'm sure that this was jest, Planet K, Black Fly, and Hot Topic stores come to mind...

age_ranger wrote: Seriously, though...that'd be profiling and we all know LEO's don't do that

Of course LEO's profile... Racial Profiling is illegal, there is nothing that says they can't use other forms of profiling...

MoJo wrote:In one of our border States, I won't mention it's name but it is East of us, there is an offense of DWT - - - Driving While Texan - - - Texas plates will get you stopped for speeding if you are only 1 over.

Several years ago, I had this happen and I wasn't speeding. An 18-wheeler was right on my bumper (and I was in a Camaro), and I pulled to the shoulder to let him pass. He was so close, I thought he was going to rear-end me.
I get pulled over by one of neighbor-state's finest. I find out that it is illegal in that state to pull to the shoulder and let someone pass. (We call it polite in Texas.)
This LEO has me step out of the car, then commences with a string of questions as to why I'm there (funeral), my occupation, who my relatives are, where they're from, how long I will be in the state, etc.
I'm finally let go, and I think the only reason I got out of a ticket was my profession. (I've been told that LEOs tend to not write tickets to teachers for minor infractions.)
I don't visit relatives in that state unless someone gets married or dies.

Venus Pax wrote:

MoJo wrote:In one of our border States, I won't mention it's name but it is East of us, there is an offense of DWT - - - Driving While Texan - - - Texas plates will get you stopped for speeding if you are only 1 over.

Several years ago, I had this happen and I wasn't speeding. An 18-wheeler was right on my bumper (and I was in a Camaro), and I pulled to the shoulder to let him pass. He was so close, I thought he was going to rear-end me.
I get pulled over by one of neighbor-state's finest. I find out that it is illegal in that state to pull to the shoulder and let someone pass. (We call it polite in Texas.)
This LEO has me step out of the car, then commences with a string of questions as to why I'm there (funeral), my occupation, who my relatives are, where they're from, how long I will be in the state, etc. I'm finally let go, and I think the only reason I got out of a ticket was my profession. (I've been told that LEOs tend to not write tickets to teachers for minor infractions.)
I don't visit relatives in that state unless someone gets married or dies.

Sorry to hear of this.

If the guy wanted to go "fishing", he should just go to the lake.

Venus Pax wrote:Several years ago, I had this happen and I wasn't speeding. An 18-wheeler was right on my bumper (and I was in a Camaro), ....

You were clearly guilty of DWC.

Driving while cute.

- Jim

Venus Pax wrote:Several years ago, I had this happen and I wasn't speeding. An 18-wheeler was right on my bumper (and I was in a Camaro), and I pulled to the shoulder to let him pass. He was so close, I thought he was going to rear-end me.
I get pulled over by one of neighbor-state's finest. I find out that it is illegal in that state to pull to the shoulder and let someone pass. (We call it polite in Texas.)

The other 49 states call it "driving on the shoulder", and also call it illegal.

Being from West/Southwest Arkansas, I always wondered about our road signs warning that it was "Illegal to drive on shoulders". Huh? Why would I want to drive on the shoulder (home of broken-down log trucks)?

And then when I was about 18, I visited some friends who had moved to Texas. I was on an interstate loop around a small city, where I moved into the left lane to pass an old farmer in a pickup. It was just me and him, and we each had a lane, but he pulled onto the shoulder as I went past.

Texas is different. Not always better, but frequently different.

Kevin

Venus Pax wrote:

MoJo wrote:Several years ago, I had this happen and I wasn't speeding. An 18-wheeler was right on my bumper (and I was in a Camaro), and I pulled to the shoulder to let him pass. He was so close, I thought he was going to rear-end me.
I get pulled over by one of neighbor-state's finest. I find out that it is illegal in that state to pull to the shoulder and let someone pass. (We call it polite in Texas.)
This LEO has me step out of the car, then commences with a string of questions as to why I'm there (funeral), my occupation, who my relatives are, where they're from, how long I will be in the state, etc.

Did you tell this guy that the 18-wheeler was about to run over the top of your Camaro?

I'd have done the exact same thing you did – get out of his way!

Now, if I was in a not very good mood that day I guess I'd have sloooowwed down gradually to see if the "assault trucker" would have pushed into me, or what ....

Alternately, you could have told the trooper that you were running interference for your truck load of wetbacks and he's done his job well as they are safely down the road. Thanks officer!