Two questions:bronco78 wrote:While lying to the LEO is a violation
So long as you do not answer at all, or answer with a response that is not a lie...AFAIKT 37.08 does not apply.§ 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE.
(a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
(c) An offense under this section is a Class B misdemeanor.
1) What happens (LEOs please chime in here) if an officer asks if there are any weapons in the car and you respond with silence or "nice weather today, huh"? Seems to me that the officer would then have probable cause (or at least reasonable suspicion) to search the vehicle. And yes, I know, "I do not consent to searches".
2) How would you answer with a response that is not a lie and doesn't give away that you do have a weapon in the vehicle?
