The same way we know that the a stranger driving a car has a valid license. (IE - we don't)LaUser wrote: And how does anyone who does not know the person carrying know if the firearm is being possessed lawfully?
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Return to “Tip: probable cause, reasonable suspicion ...”
- Tue Jun 16, 2015 12:39 am
- Forum: General Texas CHL Discussion
- Topic: Tip: probable cause, reasonable suspicion ...
- Replies: 17
- Views: 3825
Re: Tip: probable cause, reasonable suspicion ...
- Fri Apr 24, 2015 12:39 pm
- Forum: General Texas CHL Discussion
- Topic: Tip: probable cause, reasonable suspicion ...
- Replies: 17
- Views: 3825
Re: Tip: probable cause, reasonable suspicion ...
No pretext. They already do that stuff... Unfortunately. They call it "traffic safety".A-R wrote:
If you plan to open carry in Austin, I'd highly recommend you study "jaywalking" and other areas of law. Because I guarantee there will be a lot of "jaywalking" type pretext stops of anyone open carrying in Austin.
Art makes it sound like they'll do everything in their power to prevent effective OC. That will mean demonstrations, clashes with police asking for ID, and eventual legal challenges...
Even if OC legislation lacks an amendment to prohibit stopping based on OC alone, it really doesn't change the balance of caselaw which has held for years that you can't stop and demand ID without cause (probable cause or reasonable suspicion). They'll do it, but it'll eventually get legally swatted..
- Wed Apr 22, 2015 5:00 pm
- Forum: General Texas CHL Discussion
- Topic: Tip: probable cause, reasonable suspicion ...
- Replies: 17
- Views: 3825
Re: Tip: probable cause, reasonable suspicion ...
Art Acevedo thinks we're doing it wrong:anygunanywhere wrote:
Also, lawful possession of a firearm including OC is not PC or RS.
"If the law requires you to have a CHL in order to open carry, then how do you prohibit officers from checking if you have that CHL in the first place?" he said.