TexasCHLforum.com

Ok IANAL and I have not lived in TX since I was a child so I must admit I do out of know all about TX law. My beloved uncle who lives in TX was up here in cool and rainy VA for my brothers wedding this weekend. He told me that a motorist in TX does not have the option to refuse a search by the state police if they are pulled over. WHAT!!!

Ok I was under the distinct impression that they police could search your car under a few circumstances #1 a warrant signed by a judge #2 clearly articulated probable cause #3 they can peruse the contents of your vehicle that they can see from the windows #4 consent. Please tell me my dear older uncle has gotten some bad info. I am very concerned for him and if he is right.....all of us.

You do not have to consent to searches.

mamabearCali wrote:Ok IANAL and I have not lived in TX since I was a child so I must admit I do out of know all about TX law. My beloved uncle who lives in TX was up here in cool and rainy VA for my brothers wedding this weekend. He told me that a motorist in TX does not have the option to refuse a search by the state police if they are pulled over. WHAT!!!

Complete and utter bologna.

Ok I was under the distinct impression that they police could search your car under a few circumstances #1 a warrant signed by a judge #2 clearly articulated probable cause #3 they can peruse the contents of your vehicle that they can see from the windows #4 consent. Please tell me my dear older uncle has gotten some bad info. I am very concerned for him and if he is right.....all of us.

There are several exceptions to the search warrant requirement. Probable cause does not have to be articulated to the owner/operator at all. There are other exceptions as well, but just being Trooper is not one of them

Javier730 wrote:You do not have to consent to searches.

That is a little simplistic. If an officer asks for consent, you do not have to give it. However, it is an offense to use force to resist an arrest or search being made by a peace officer, even if the arrest of search is unlawful.

I have always understood that one never fights with any LEO or even resists in the slightest, however one NEVER ever gives consent to a search. Additionally I have always thought that if they are asking for consent, they do not yet have #1 or #2 and are fishing for either #3 or #4.

Once you give consent EVERYTHING they find is now admissible. You better hope #1 that the cop is honest and not planting stuff #2 that you and your car have followed everyone one of the thousands of regulations and laws out there because just because you did not know that apples from X state are not permitted in y state or that cotton plants which are legal in many states are most often illegal in other states unless you have a permit. Otherwise you will hear the infamous words in a society with thousands of laws "ignorance of the law is no excuse."

According to [Pre-paid legal service], there are only 2 times you CAN'T be arrested during a traffic stop:
1. Speeding <25mph over the limit and'
2. Open container in the vehicle.

They can arrest you for EVERY OTHER infraction, and with an arrest come vehicle impoundment and inventory (search) of the contents.

howdy wrote:According to [Pre-paid legal service], there are only 2 times you CAN'T be arrested during a traffic stop:
1. Speeding <25mph over the limit and'
2. Open container in the vehicle.

They can arrest you for EVERY OTHER infraction, and with an arrest come vehicle impoundment and inventory (search) of the contents.

howdy wrote:According to [Pre-paid legal service], there are only 2 times you CAN'T be arrested during a traffic stop:
1. Speeding <25mph over the limit and'
2. Open container in the vehicle.

They can arrest you for EVERY OTHER infraction, and with an arrest come vehicle impoundment and inventory (search) of the contents.

Peace Officers can arrest you for those as well, if you do not sign a promise to appear.

howdy wrote:According to [Pre-paid legal service], there are only 2 times you CAN'T be arrested during a traffic stop:
1. Speeding <25mph over the limit and'
2. Open container in the vehicle.

They can arrest you for EVERY OTHER infraction, and with an arrest come vehicle impoundment and inventory (search) of the contents.

Y'all should fix that. It is pretty stupid to be arrested for say a tail light.

mamabearCali wrote:

howdy wrote:According to [Pre-paid legal service], there are only 2 times you CAN'T be arrested during a traffic stop:
1. Speeding <25mph over the limit and'
2. Open container in the vehicle.

They can arrest you for EVERY OTHER infraction, and with an arrest come vehicle impoundment and inventory (search) of the contents.

Y'all should fix that. It is pretty stupid to be arrested for say a tail light.

Just because they CAN, doesn't mean they DO. MOST LEOs here are very professional and as long you respect them, they will respect you. In my 46 years, I have only had one bad experience with a little cocky, I'm better than you officer. I wouldn't play his game and just answered "yes sir" or "no sir", which I think irritated him more than if I had become irrate. Nothing became of it other than leaving me with a bad taste in my mouth.

1. Yes, you CAN refuse to consent to a search. You do NOT have to give permission. Most lawyers and others recommend you NEVER give consent or permission. Lack of consent cannot be used as probable cause. It is my understanding that without consent, the officer must articulate his reasons for the search and what he is searching for. If you consent, that requirement goes out the window and he is open to search for whatever he wants.

2. You CANNOT prevent the officer from searching if the officers decides to do it anyway. Never a good idea to argue too much or get physical with officers on the side of the road.

If your car is towed and impounded, I am not sure what happens.

Not only can you refuse to give consent you should. My son attended the police academy and the instructor told his class to never consent to a search by DPS --too many vehicles torn apart and left for the owner to reassemble was the reason he gave....if I remember correctly.

MechAg94 wrote:1. Yes, you CAN refuse to consent to a search. You do NOT have to give permission. Most lawyers and others recommend you NEVER give consent or permission. Lack of consent cannot be used as probable cause. It is my understanding that without consent, the officer must articulate his reasons for the search and what he is searching for. If you consent, that requirement goes out the window and he is open to search for whatever he wants.

Articulate to whom? Not the vehicle owner or operator. Only to a court.

VMI77 wrote:Not only can you refuse to give consent you should. My son attended the police academy and the instructor told his class to never consent to a search by DPS --too many vehicles torn apart and left for the owner to reassemble was the reason he gave....if I remember correctly.

Sounds like some city police officers when you show your CHL and they insist on taking your firearm for your safety. When they give it back they put it on the back seat with the magazine separate from the gun and the bullets loose on the seat, telling you to not touch the gun until you are away from the officers vicinity and have a nice day.

if you know they are going to search anyway the answer is "I do no give my consent to search, however, I will not stand in your way" or "I will do nothing to stop you" or something along those lines. We've drilled that into our teens....around this town, being a teen boy seems to be reason enough to search a car, I've lost track of how many teen boys I've seen sitting next to a car being searched with a confused look on their face and a couple of frustrated cops not finding a blasted thing, well nothing for as long as the red light lasted.