TexasCHLforum.com

srothstein wrote:

Rex B wrote:I don't see a distinction between a sobriety checkpoint and an insurance checking roadblock. In both cases all cars have to be stopped without PC and the drivers checked for legality.

There is a significant difference and the DWI checkpoint has been allowed by SCOTUS while Driver's license and insurance checkpoints, and even drug carrying (not using) have not. The difference is the threat to other people's safety. A DWI is considered an immediate threat to innocent people, so the police have a much higher justification for a minor infringement and stop than they woudl for someone who is not an immediate threat. A person without insurance is not a safety threat to anyone. He may be a financial threat IF he has an accident, but the accident possibilities are seen as separate from whether or not he has insurance (or a DL or proper registration or inspection, etc.).

In Texas, an insurance checkpoint is illegal since we do not have any state law authorizing such, as required by case law in both state and federal courts. I had not heard of anyone doing one in a long time.

This is also why someone introduced a bill to allow DWI checkpoints last legislative session. Because without the state law, even DWI checkpoints are questionable.

And thanks, rspeir, for beating me to the punch. I thought for a minute that no one else would point out that the law specifies a peace officer, not an LEO, and that federal agents are not peace officers in Texas.

No problem. I looked into it a while back when I was having to go through the Border Patrol checkpoint between Corpus and Harlingen.

Roger Howard wrote:

samobius wrote:What if a Border Patrol checkpoint wants to see ID? Do you show CHL? I have never had one ask to see, just had them ask for my citizenship. But I have seen people pulled over with their cars being searched.

yes they are LEO so you are required to disclose

It does not appear that federal leos meet the definition of peace officer.

From Texas Code of Criminal Procedure

Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve deputies
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;
(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;
(7) each member of an arson investigating unit commissioned
by a city, a county, or the state;
(8) officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the Parks and
Wildlife Commission;
(11) airport police officers commissioned by a city with a
population of more than 1.18 million that operates an airport that
serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and security
officers;
(14) security officers and investigators commissioned as
peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees under
Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas State Board of
Medical Examiners;
(18) officers commissioned by the board of managers of the
Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under Subchapter E,
Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing Commission;
(21) officers commissioned under Chapter 554, Occupations
Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney general
under Section 402.009, Government Code;
(24) security officers and investigators commissioned as
peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of Health
under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal under
Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner of
insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the Texas
Youth Commission as officers under Section 61.0931, Human Resources
Code;
(30) officers appointed by the executive director of the
Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on Law
Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the Texas
Commission on Private Security under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code; and
(34) officers commissioned by the State Board of Dental
Examiners under Section 254.013, Occupations Code, subject to the
limitations imposed by that section.