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by A-R
Wed Apr 22, 2015 6:09 pm
Forum: General Texas CHL Discussion
Topic: Tip: probable cause, reasonable suspicion ...
Replies: 17
Views: 3832

Re: Tip: probable cause, reasonable suspicion ...

cb1000rider wrote:
anygunanywhere wrote:
Also, lawful possession of a firearm including OC is not PC or RS.
Art Acevedo thinks we're doing it wrong:
"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.
Acevedo knows the answer. It's the same way LEOs determine if someone has a license to drive - a pretextual stop with RS or PC of another violation of law.

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.
by A-R
Wed Apr 22, 2015 2:24 pm
Forum: General Texas CHL Discussion
Topic: Tip: probable cause, reasonable suspicion ...
Replies: 17
Views: 3832

Tip: probable cause, reasonable suspicion ...

In multiple recent threads, mainly involving discussion of whether you're required to identify yourself to a LEO but also in other topics, I've seen the phrase "probable cause" used in a context that suggests a fundamental lack of understanding of this and other similar terms on the part of the person using it.

I'm neither a lawyer nor legal expert, but I have completed some training/instruction on these topics and, using simple Google search, have found these links that may prove helpful to a better understanding of current differentiation between various police contacts and the level of information necessary for police to legally take certain actions.

In a nutshell:
- probable cause is sufficient for arrest, search, and seizure;
- reasonable suspicion is sufficient for temporary detention, formal investigation, pat down/frisk etc
- mere suspicion or a "hunch" is sufficient for a consensual or voluntary contact

http://www.policemag.com/channel/patrol ... top-view=1" onclick="window.open(this.href);return false;

http://www.policechiefmagazine.org/maga ... e_id=42007" onclick="window.open(this.href);return false;

Also as specifically related to Texas law about identifying yourself to LEO:

PC 38.02 - http://www.statutes.legis.state.tx.us/D ... .htm#38.02" onclick="window.open(this.href);return false;

GC 411.205 - http://www.statutes.legis.state.tx.us/D ... tm#411.205" onclick="window.open(this.href);return false;

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