TexasCHLforum.com

Hello,

This is my first post here in the forums, I have been lurking behind the scenes trying to soak up all the info I can.

I have been a CHL holder since I turned 21 and bought a handgun(~6 years).

I have an acquaintance who is a Police officer, we saw each other at a BBQ last weekend, we were discussing guns and such, when he made a statement that I found curious,

"CHL Holders aren't all the saints they make themselves out to be, I caught a CHL Holder a few months ago with weed. He was acting nervous, I used his CHL as PC to search the car and found the weed In his console."

I wasn't aware that the CHL could be used against the holder in that way. We were consuming adult beverages and the guy is known for being a loud mouth, so I'm not sure how true the statement was.

I searched and could not find an answer, so I figured this would be a great place to pose the question: 'Can your CHL be used as Probable cause to search a vehicle?'

Any Help is greatly appreciated

Thank you

LibertyForAll wrote:Hello,

This is my first post here in the forums, I have been lurking behind the scenes trying to soak up all the info I can.

I have been a CHL holder since I turned 21 and bought a handgun(~6 years).

I have an acquaintance who is a Police officer, we saw each other at a BBQ last weekend, we were discussing guns and such, when he made a statement that I found curious,

"CHL Holders aren't all the saints they make themselves out to be, I caught a CHL Holder a few months ago with weed. He was acting nervous, I used his CHL as PC to search the car and found the weed In his console."

I wasn't aware that the CHL could be used against the holder in that way. We were consuming adult beverages and the guy is known for being a loud mouth, so I'm not sure how true the statement was.

I searched and could not find an answer, so I figured this would be a great place to pose the question: 'Can your CHL be used as Probable cause to search a vehicle?'

Any Help is greatly appreciated

Thank you

No, a CHL is not PC. However, if he used the CHL as a reason to disarm him (which is legal) and found the weed in the course of removing the gun from a glove compartment or console, that could be OK depending on the circumstances.

Nobody said all CHL holders are perfect angels, but statistically we're far better than the average population or even LEOs.

Welcome to the forum!

No, having a CHL does not mean you forfeit your 4th Amendment protections.

CHL holders are required by law to provide their CHL along with DL when demanded by a law enforcement officer. There is no penalty for not supplying your CHL. That is the extent of the impact on the 4th Amendment. Police need reasonable suspicion for any other search, unless the person consented to the search.

Which is another thing. Police are allowed to lie, and may have lied to the CHL holder in order for him to consent to the search.

Remember these magic words: "I do not consent to searches."

Once spoken, you have invoked your 4th Amendment protections. Any evidence found without reasonable suspicion may be thrown out in court, and your lawyer will thank you for it.

LibertyForAll wrote:Hello,

This is my first post here in the forums, I have been lurking behind the scenes trying to soak up all the info I can.

I have been a CHL holder since I turned 21 and bought a handgun(~6 years).

I have an acquaintance who is a Police officer, we saw each other at a BBQ last weekend, we were discussing guns and such, when he made a statement that I found curious,

"CHL Holders aren't all the saints they make themselves out to be, I caught a CHL Holder a few months ago with weed. He was acting nervous, I used his CHL as PC to search the car and found the weed In his console."

I wasn't aware that the CHL could be used against the holder in that way. We were consuming adult beverages and the guy is known for being a loud mouth, so I'm not sure how true the statement was.

I searched and could not find an answer, so I figured this would be a great place to pose the question: 'Can your CHL be used as Probable cause to search a vehicle?'

Any Help is greatly appreciated

Thank you

So this officer appears to indict ALL CHL holders because he found ONE with some weed? That's a far stretch.
As stated earlier, we're not perfect, but we're better (by far) than the average public and LEO's in particular.

With that logic, one bad cop makes all LEO's criminals....which is not true, by a long shot.
He should watch how he paints folks with such a large brush. Seems to be pretty far to the cynical side.

Just remember, he painted you with the same brush----not so nice an acquaintance.

LabRat

LibertyForAll wrote: "CHL Holders aren't all the saints they make themselves out to be, I caught a CHL Holder a few months ago with weed. He was acting nervous, I used his CHL as PC to search the car and found the weed In his console."

One can only hope that he gets to stand up on court and make that same statement....

Best case, what he meant was that he used the CHL as a reason to remove a disclosed firearm from the glove box and he discovered weed. Worst case, you've got an officer that doesn't have a basic understanding of PC and is operating in a manner that's likely to eventually get some bad guys set free.