Dallas Police Officer threatens to Revoke my license

[JJVP]

He also said something to the effect that he was trying to send me a message and teach me a lesson about not revealing my CHL.

He was trying to send you a message? About what? That the law is was he says it is? This guy is nothing more that a Daniel Harless in training. I would not be surprised if he ends up in an episode like Harless. We don't need officers like that.

[SRH78]

I am not the least bit surprised by the response you got. I have known several officers who had no business wearing a badge and excuses where constantly made for them. All too often, protecting the shield is placed above the law and what is right. Too many times these individuals think they are above the law or are the law instead of understanding that their job is to serve the public by enforcing the law.

[Jumping Frog]

After a response like that, I'd feel like it was time to get ugly with him and call him out with his bosses on being a bully who either doesn't know the law or ignores it.

Formal written complaints in a personnel folder -- especially for trainees -- make an impact. It may not ever help you, but be a big help to the next guy he bullies because now there is a "pattern of abuse". If he is bullying you, he is bullying other people too.

In our society, paper trail matters.

[Rex B]

Part of me wonders if I should request the dash-cam video in case something unusual happens. I know a few people have said leave it alone but he is a TRAINEE, hired in 2010.

Really? That means he's been a trainee for 2-3 years. Is an officer still considered a trainee after all that time?

I wondered the same thing.
Sounds to me like the guy did not apologize, and he should have. He was wrong, and he exacerbated it with intimidation tactics and a warrantless search.
He needs to understand that he was being intimidating and at the same time did not know the law he was using to do so.
Whomever is training this officer should have said. " I will address this issue with the officer to ensure he understands the law".
Some sort of followup report to you would be good, but not required.

I don't think anything "unusual" should happen, although I'd be minding my Ps & Qs driving around in his jurisdiction.

[RSJ]

If you are concerned with the incident, then file a formal complaint.
You can also try to send a tort claims act notice, but all that will do is get you a denial. However, it will get noticed by the city's legal department. And likely the PD's attorneys, and supervisors.

[Rex B]

"tort claims act notice"

What is that exactly - telling them you think you have grounds for a lawsuit?

[WildBill]

Automobile exception, under which officer may conduct warrantless search of motor vehicle if officer has probable cause to believe vehicle contains evidence of crime, extends to all types of motor vehicles.
--holding from Powell v. State (of TX) 898 S.W.2d 821

It is up to the court to determine if the probable cause was valid.

... Really? I'm relatively new to Texas. That's scary. So if I violate a traffic ordinance then my vehicle is evidence in a crime. So they can search? Does that extend to searching my person as well? This is the first law in Texas that I'm not happy about. That's, as far as I'm concerned, case law that opposes the 4th Amendment.

BTW, the Powell v. State 898 S.W.2d 821 is not just about a traffic stop. It was an appeal to overturn the death sentence of James Rexford Powell who was convicted of capital murder after kidnapping, raping and strangling a ten-year-old girl.
http://scholar.google.com/scholar_case? ... i=scholarr" onclick="window.open(this.href);return false;

[Katygunnut]

I want a Springfield XD 9 but can't get it til I can afford it. Wedding wins over bang bang this time. I'm hoping Santa will bring it to me.

This time and every other time for the rest of your married life. Sorry to be the bearer of bad news.

Oh and congratulations on your upcoming wedding.

[RoyGBiv]

"I was just trying to teach you a lesson" is probably the worst possible excuse he could have written. I would feel compelled to have a face to face conversation with his training officer and his Captain if that's the response I received to a politely worded letter of concern.

A professional officer would have said "I apologize for my lack of knowledge on this particular facet of the law and will do some follow up reading on the statutes as well as have further discussions with my training officer to remedy my knowledge gap. Thank you for your polite and professional manner in handling this issue when I stopped you and also for your similarly polite letter of concern. I look forward to serving you and the citizens of Dallas for many years. Sincerely, Officer Not-so-smart"

[Rex B]

"I was just trying to teach you a lesson" is probably the worst possible excuse he could have written. I would feel compelled to have a face to face conversation with his training officer and his Captain if that's the response I received to a politely worded letter of concern.

A professional officer would have said "I apologize for my lack of knowledge on this particular facet of the law and will do some follow up reading on the statutes as well as have further discussions with my training officer to remedy my knowledge gap. Thank you for your polite and professional manner in handling this issue when I stopped you and also for your similarly polite letter of concern. I look forward to serving you and the citizens of Dallas for many years. Sincerely, Officer Not-so-smart"

[AJHutton]

Just wanted to say great thread, thanks to the OP for posting it and everyone for lending their advice. I can say now I'm happy to be informed: "I do not consent to searches."

[RSJ]

Just wanted to say great thread, thanks to the OP for posting it and everyone for lending their advice. I can say now I'm happy to be informed: "I do not consent to searches."

http://www.youtube.com/watch?v=0JOitPfRlCw&feature=plcp" onclick="window.open(this.href);return false;
these videos are about 90% correct IN MY MIND and practice.

[anygunanywhere]

"I was just trying to teach you a lesson" is probably the worst possible excuse he could have written. I would feel compelled to have a face to face conversation with his training officer and his Captain if that's the response I received to a politely worded letter of concern.

A professional officer would have said "I apologize for my lack of knowledge on this particular facet of the law and will do some follow up reading on the statutes as well as have further discussions with my training officer to remedy my knowledge gap. Thank you for your polite and professional manner in handling this issue when I stopped you and also for your similarly polite letter of concern. I look forward to serving you and the citizens of Dallas for many years. Sincerely, Officer Not-so-smart"

Sounds like there are others who need to be taught a lesson.

Anygunanywhere

[RSJ]

"tort claims act notice"

What is that exactly - telling them you think you have grounds for a lawsuit?

Kind of, yes. It will let this city know you are serious enough to take formal action. Expect 99.9% to be deemed denied, meaning you'd have to sue (and likely lose on motion to dismiss, summary judgment, or qualified immunity). I have worked on several claims that have been granted, and several denied, then sued, then survived motions to dismiss and eventually won or settled. I would bet less than 1% of claims net any judgment or even nominal damages. I can't go into more detail than that but I want to stress how hard (for better or for worse) it is to sue a city, municipality, police,fire,EMS because of tort reform.

[WildBill]

"tort claims act notice"

What is that exactly - telling them you think you have grounds for a lawsuit?

Kind of, yes. It will let this city know you are serious enough to take formal action.

I am not a lawyer nor a lawyer-in-training. My understanding of a tort case is that the party filing the suit has to have suffered some loss or harm. He was not assaulted, arrested, nor did he lose time at work or have to spend money on bail or a lawyer. Other than hurt feelings and maybe a bruised ego, what loss or harm did the OP suffer that could justify any some kind of settlement?