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by dicion
Thu Nov 26, 2009 12:13 pm
Forum: General Texas CHL Discussion
Topic: Pepper Spray an Illegal Weapon?
Replies: 57
Views: 9654

Re: Pepper Spray an Illegal Weapon?

Welcome to the Texas Statutes, where important terms are left undefined all the time :thumbs2: :roll:

Before 2007, the most important term that was left undefined was 'traveling'. Case law provided a few examples of what Judges thought it meant, but it was nowhere near uniform.
The 2007 MPA pretty much solved the issue of carrying a weapon in a vehicle, but Still did not define traveling. It currently still sits undefined, in 46.15, as an exemption to 46.02.
by dicion
Sat Nov 21, 2009 11:19 pm
Forum: General Texas CHL Discussion
Topic: Pepper Spray an Illegal Weapon?
Replies: 57
Views: 9654

Re: Pepper Spray an Illegal Weapon?

srothstein wrote: This is why the training is now for the officer to finish the traffic stop and give the person his ticket or warning before starting his investigation. At that point the person is free to go and no longer under arrest. Of course, as the SCOTUS recognized last year, the average person will not think he can leave a cop just because he got the ticket already. Just as a passenger would not feel free to leave, a driver will not feel free to leave.
Thats good to know. So as soon as I sign the paper, and get my ticket, even if the cop starts asking other questions, I can just drive off?

Im guessing the better thing to do would be to ask 'Am I being detained?' and if they answer 'No', which, according to you, they should at this point, then drive off.

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