Traveling

[seamusTX]

I have not heard of a single case where someone was arrested for carrying a pistol in the car with no other charges. They're always in possession of a controlled substance, drunk, not legally entitled to possess firearms, etc.

Granted, I'm not a cop or otherwise involved in the criminal justice system, but I try to pay attention to the news.

- Jim

[orc4hire]

[seamusTX]

Well, seriously, there are two reasons police can search a car:

• The officer has a reasaonable suspicion of finding contraband, stolen items, etc.
• The driver is being arrested for something like DUI or an outstanding warrant.

In the first case, it can be difficult to make a charge stick because the search is defective. A good defense attorney can often get charges thrown out on that basis.

There was a Supreme Court ruling in a case where a traffic stop led to a drug bust. It said something like, "The officer had no expectation of finding further evidence of speeding in the trunk."

In the second case above, the driver has committed another crime.

- Jim

[switch]

I had a student that had to defend 'traveling' (under the old law). It cost him 3 days in trial and $5,000.

The old 3 county/overnight rules also did not apply if you were commuting.

What we need are sanctions that can be applied against LEO/DA's that continue to try to make these cases.