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by texasmusic
Thu Sep 20, 2012 10:35 pm
Forum: Off-Topic
Topic: Definition of a Texas LEO's "lawful commands"?
Replies: 17
Views: 4205

Re: Definition of a Texas LEO's "lawful commands"?

lbuehler325 wrote:
recaffeination wrote:You can refuse to show ID if you're walking around but if you're driving a motor vehicle and refuse to show it, you can and should be charged with driving without a license. Since you have no license, it may be prudent for the cop to prevent you from continuing to drive illegally in his presence.

Similarly, if you're hunting and refuse to show your hunting license, you can and should be charged with hunting without a license, with some very narrow exceptions. And it may be prudent to not allow you to continue to possess whatever you bagged.
I disagree. Random checkpoints involve police officers stopping cars, but there must be reasonable suspicion that the operator is operating a vehicle without a license to be forced to present such. Otherwise a violation must be found to trigger presentation of identification. Once you are stopped for a traffic violation, there is reasonable suspicion (i.e. you cannot signal a turn, so maybe you aren't legally qualified to drive). But a traffic check point is different. Without cause, you are not subject to any search or seizure. I, personally don't wish to be subject to warrentless or unfounded hassling by law enforcement. Granted, this is not the case for granny.
I'm browsing the Transportation code now, but I recall that you can not be pulled over just for being suspected of not having a motorcycle endorsement. (while on a motorcycle of course.) It may be the same for automobiles.

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