TexasCHLforum.com

WildBill wrote:

RSJ wrote:

Rex B wrote:"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. Other than slightly hurt feelings, what loss or harm did the OP suffer that could result in some kind of settlement?

Exactly it is unlikely he could prevail, however he is allowed to send a tort letter to put everyone on notice that this kind of anti-CHL behavior will not be tolerated. My above posts stressed the hardship in prevailing on ANY claim, and particularly this one.

There are cases where a § 1983 (civil rights) or other violation is clear, but damages are NOMINAL (like $1) and awarded.

Sometimes it is the only way to "stop" a behavior. I am not saying this is or isn't what OP should do, I just like to help people and direct them to info.

I'd like to note their is a large difference between a tort claim letter (basically a demand letter) and filing a civil suit.

RSJ wrote:

WildBill wrote:

RSJ wrote:

Rex B wrote:"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. Other than slightly hurt feelings, what loss or harm did the OP suffer that could result in some kind of settlement?

Exactly it is unlikely he could prevail, however he is allowed to send a tort letter to put everyone on notice that this kind of anti-CHL behavior will not be tolerated. My above posts stressed the hardship in prevailing on ANY claim, and particularly this one.

There are cases where a § 1983 (civil rights) or other violation is clear, but damages are NOMINAL (like $1) and awarded.

Sometimes it is the only way to "stop" a behavior. I am not saying this is or isn't what OP should do, I just like to help people and direct them to info.

I'd like to note their is a large difference between a tort claim letter (basically a demand letter) and filing a civil suit.

I had never heard of a tort claim letter. Thanks for your explanation.

personally i would file a formal complain. If you threatened an officer you would facing serious problems. why is it ok for the police to go around threating people to just teach them a lesson?the police keep using the same lame excuse of ignorance of the law is not an excuse.so the police need to learn the laws if they want to use it.

Great info everyone.

RSJ wrote:

AJHutton wrote: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.

If you like the video (I did), go to flexyourrights.org and check it out. These guys appear to be doing great work to get citizens to better understand and stand up for their rights. I'm going to order their videos and get my family to watch them.

I really got tired of reading so I dont know if any one has brought this up.This off of the DPS web site.

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.

This is what I was taught at the DPS in my instructors course.

This is one of the best threads I have read in a long time.

The cop was definitely wrong, but he did succeed.

I think we have all learned a lesson.

AB

Please continue with updates!
(curious to see what you decide to do, if anything)

WildBill wrote:

rl168 wrote:What can happen after you refused consent to search? Can someone point me to where i can learn more about this? Thanks!

The LEO can request a search warrant from a judge. If it is granted, the police can search. If not, they can't. Google "search warrant" for more information.

This isn't true.

WB - I know you probably know what I'm about to type but for everyone else:
Probable cause must be met to get a search warrant. During a traffic stop, if probable cause for search is present, then a vehicle may be searched under the exigent circumstances clause for warrantless searches*.

*Depending on time frame - but in most cases, during a traffic stop, the car can be searched.

gigag04 wrote:

WildBill wrote:

rl168 wrote:What can happen after you refused consent to search? Can someone point me to where i can learn more about this? Thanks!

The LEO can request a search warrant from a judge. If it is granted, the police can search. If not, they can't. Google "search warrant" for more information.

This isn't true.

WB - I know you probably know what I'm about to type but for everyone else:
Probable cause must be met to get a search warrant. During a traffic stop, if probable cause for search is present, then a vehicle may be searched under the exigent circumstances clause for warrantless searches*.

*Depending on time frame - but in most cases, during a traffic stop, the car can be searched.

Gigag04 - Yes, I know this. Back on page 3, I revised my original erroneous post.

WildBill wrote:

gigag04 wrote:

WildBill wrote:

rl168 wrote:What can happen after you refused consent to search? Can someone point me to where i can learn more about this? Thanks!

The LEO can request a search warrant from a judge. If it is granted, the police can search. If not, they can't. Google "search warrant" for more information.

This isn't true.

WB - I know you probably know what I'm about to type but for everyone else:
Probable cause must be met to get a search warrant. During a traffic stop, if probable cause for search is present, then a vehicle may be searched under the exigent circumstances clause for warrantless searches*.

*Depending on time frame - but in most cases, during a traffic stop, the car can be searched.

Gigag04 - Yes, I know this. Back on page 3, I revised my original erroneous post.

Yeah I see it now - too long - didn't read the inbetweens. My bad.

gigag04 wrote:Yeah I see it now - too long - didn't read the inbetweens.

I don't blame you.

baldeagle wrote:

RSJ wrote:

AJHutton wrote: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.

If you like the video (I did), go to flexyourrights.org and check it out. These guys appear to be doing great work to get citizens to better understand and stand up for their rights. I'm going to order their videos and get my family to watch them.

Glad I could direct you to a excellent source! Sounds like a great family-educational tool. Just keep in mind, what they say is not Texas specific. Most of the "rights" are constitutional anyways (so no difference state-to-state) but don't take EVERYTHING he says as the absolute final answer.

over the years I've figured out there are two kinds of cops....1) the person who wants to 'make a difference', 'catch bad guys' etc....and then there's 2) the bully, and now he's got a badge


looks like you met number 2 on a bad day.

you know this post has jinxed us out here in Quitman
today i saw our brave police stop two cars for stopping past the white line at a 4 way stop. i laughed out loud
mind you we have only ONE in our whole town , no red lights just one 4 way and 3 way stop

Katygunnut wrote:

knoxknoxrocks wrote: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.

Hahaha thx