A "first" when stopped by DPS last night

[Scott in Houston]

Returning home to Houston from Waco after watching my beloved Baylor Bears lay an absolute stinker on the field... I was pulled over by DPS for going 75 in a 70.

It was an 'odd' stop. For one, 5 mph has never gotten me pulled over before. I found that strange, but it was around 11 pm and I thought maybe they're looking more closely for drunks at that time of night.

When pulled over, I lowered the rear sun screen and turned on the dome light, etc. he came to my passenger side and asked for my DL. I gave him both licenses (DL & CHL). He then asked if my gun was on me. I said it was not, but was in my center console under my elbow.

He then asked me to get out of my car. He was very polite and didn't act alarmed or anything, but just asked that I get out. I have never been asked to do that before either. When behind my car, he said it was routine to check the gun to make sure it's not stolen, etc.

He then started asking me all sorts of questions in a friendly manner. He started by asking whether I had any drugs or large amounts of cash in the car. I literally laughed at the cash question. He asked if I'd ever been arrested or had any warrants.
All these questions surprised me... Those of us with a CHL are usually the least likely to have these issues right?

Then he asked about where I was coming from and what I was doing. These kind of questions bug me because really, it's none of his business, and he wasn't asking to be friends. I know there's an agenda or point. I'm not sure what it is though... Guessing to see whether I was intoxicated or on something? Anyway, I used it as an opportunity to get some sympathy and told him about my team sucking it up and now I have the long, late drive home in the middle of the night.
He even started asking what I studied and what I do for a living. It was very strange. Again, he was very polite and friendly, but I just felt there was an agenda and he wasn't making friendly conversation to be just nice.

Lastly, he took my gun to the car and checked it and his computer for about 10 minutes while I stood in front of his car. I just played on my phone and even decided to turn on the audio recording in case he came back with something weird.
He didn't. He put the gun back, and the magazine plus extra round in my cup holders. Then gave me a warning and let me go.

He also noticed no front plate but said nothing.

All in all, it was just fine and pleasant. I didn't get any ticket, so that is a win.

Anyone else have a similar stop? Does anyone know what his agenda when questioning is?

[Purplehood]

Perhaps he was bored.

I tend to agree with you though. It sounds like he was being a bit intrusive. Well, more than a bit.

[OldCannon]

"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"

[A-R]

"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"

Did the trooper search the vehicle? Or just disarm the driver/CHL holder? No consent needed to disarm

Government Code 411.207.  AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.  The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

[Scott in Houston]

He did not search the vehicle. He did not look in the glove box or trunk etc.

He did have to open the center console in order to retrieve my Glock.

[XDSConcealer]

This does sound rather intrusive to me. I would have casually asked him how long he was a cop because it sounds like a rookie cop trying to show off his new found power. Most of my friends that have CHL's, that have been pulled over, have had very different experiences than you. They reported being let off with a warning and usually a conversation around shooting. Your experience seems odd to me.

Glad to hear that he didn't search your vehicle because I wouldn't have given consent for that.

Well, on the bright side you didn't get a ticket.

[Jaguar]

"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"

Did the trooper search the vehicle? Or just disarm the driver/CHL holder? No consent needed to disarm

Government Code 411.207.  AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.  The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

If the gun is in the center console and the driver is standing on the side of the road, isn't that considered "disarmed"?

Also, I have not heard of DPS taking a gun our of someone's car to run a routine to check to make sure it's not stolen. I doubt criminals offer up to the cops that their stolen gun is in the center consol.


And yes, if he entered your car and looked where he can't see while standing outside, he searched.

[Jim Beaux]

"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"

Did the trooper search the vehicle? Or just disarm the driver/CHL holder? No consent needed to disarm

Government Code 411.207.  AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.  The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

The OP was not armed, his weapon was in the vehicle. Sounds like the trooper was on a fishing expedition for probable cause. Regardless, I would have refused to give consent for him to enter my vehicle. You can bet the trooper was looking in the ash tray and around the interior of the car.

[carlson1]

When you stepped out of your vehicle you should have turned it off, took the keys with you, and locked your doors.

If he ask why did you do that just as friendly as you can say, "it is a habit."

[Jim Beaux]

When you stepped out of your vehicle you should have turned it off, took the keys with you, and locked your doors.

If he ask why did you do that just as friendly as you can say, "it is a habit."

Great idea.

[Scott in Houston]

Good replies.

I did what I hate... gave up my rights just to hopefully protect my pocketbook some. I also had the "I have nothing to hide" mentality which is a horrible thing to think. I know we should exercise our rights, or they begin to degrade.

The locking the door and taking the key is a great one.

I wonder what would have happened had he asked for me to let him in and get the gun in order to 'check it' for being stolen?
I would bet that he would claim it was his right under the law cited above, but as mentioned, I was no longer armed at that point... that would be interesting case law which I don't want to be the first case!

[knotquiteawake]

When you stepped out of your vehicle you should have turned it off, took the keys with you, and locked your doors.

If he ask why did you do that just as friendly as you can say, "it is a habit."

I like this idea in theory... until I pictured it with my wife still inside
If he asks why I could just say "Oh, thats for your protection officer."

[carlson1]

I like this idea in theory... until I pictured it with my wife still inside
If he asks why I could just say "Oh, thats for your protection officer."

[A-R]

"You do not have permission to search my vehicle. Is there anything else you need, officer, or can I go now?"

Did the trooper search the vehicle? Or just disarm the driver/CHL holder? No consent needed to disarm

Government Code 411.207.  AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual.  The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

The OP was not armed, his weapon was in the vehicle. Sounds like the trooper was on a fishing expedition for probable cause. Regardless, I would have refused to give consent for him to enter my vehicle. You can bet the trooper was looking in the ash tray and around the interior of the car.

1. It's not a fishing expedition, the Texas statute gives LEOs clear authority to disarm a CHL
2. Armed and carrying are clearly defined in Texas law as "on or about" a person, in other words, "within reach" and by case law as including the "lunge area" of vehicles even when subject is temporarily outside the vehicle. It would be highly dangerous for an officer to obtain weapon from inside vehicle by reaching in while subject is still inside - thus, remove subject, then remove weapon (this is all of course dependent on officer having justification to do this in first place - a grey area)

Citation for case law:
http://en.m.wikipedia.org/wiki/Terry_v._Ohio#section_5" onclick="window.open(this.href);return false;

n Michigan v. Long, 463 U.S. 1032 (1983), the Supreme Court ruled that car compartments could be constitutionally searched if an officer had reasonable suspicion that the suspect is armed and dangerous. Thus the compartments are viewed as an extension of the suspect's person. This is known as "frisking the lunge area," as an officer may protect himself by searching any areas the suspect could grab a weapon from

[Syntax360]

I've been asked to step outside the vehicle before, but I'm convinced that's just to see how you handle yourself (e.g. to see if you show signs of intoxication). The disarming part sounds weird, but like others said - he might have just been bored, and different cops have different attitudes and perspectives on CHL.