A few general carry questions

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Teamless
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Re: A few general carry questions

Post by Teamless »

zero4o3 wrote: or are you saying they will make up a reason to if they want to?
the reason could be that you were jittery -(Nervous) and they "thought" you were on drugs or drinking
the reason could be "they smelled something funny"
the reason could be "they thought they saw something in plain sight, that gave them the right to search the vehicle.
Does this mean they made up the reason, or did they actually have any of those 3 thoughts (or many others)? Not necessarily, they could have honestly felt one of those 3 items or others.
Were they right? No Way.

Even if they "find a reason" to search and find nothing illegal. How much time have you wasted of yours and theirs?

The old adage: "Honesty is the best policy", really is the best policy. At least thats how I will act when talking with a cop about any possible infraction.
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sjfcontrol
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Re: A few general carry questions

Post by sjfcontrol »

If you refuse a search, the officer(s) must get a warrant. To do that, they must show probable cause to a judge. If they're on a fishing expedition, they will know that they won't get the warrant. Refusal of a search is NOT probable cause for a search.

If you give up your fourth-ammendment rights, why not give up you 2nd, too?
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steveincowtown
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Re: A few general carry questions

Post by steveincowtown »

sjfcontrol wrote:If you refuse a search, the officer(s) must get a warrant. To do that, they must show probable cause to a judge. If they're on a fishing expedition, they will know that they won't get the warrant. Refusal of a search is NOT probable cause for a search.

If you give up your fourth-ammendment rights, why not give up you 2nd, too?
:iagree:

It always confuses me when people are passionate about 2A but think exercising 4A is "making trouble."
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Art S
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Re: A few general carry questions

Post by Art S »

I know this started as "mainly theoretical" But, if an LEO pulls you over and runs your info through the system doesn't chl info come back with the rest? and "mainly theoretical" what have you got to do to get a LEO to want to search your car? I have been pulled over a few times (some when driving, some not) and I have never had a car search. even in my younger years as a landscaper telling LEO we planted grass for a living didn't get a search. just curious.

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Ameer
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Re: A few general carry questions

Post by Ameer »

Art S wrote:I know this started as "mainly theoretical" But, if an LEO pulls you over and runs your info through the system doesn't chl info come back with the rest?
Only if you have a Texas CHL. Theoretically.
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sjfcontrol
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Re: A few general carry questions

Post by sjfcontrol »

Whether the LEO is notified of your CHL status may also depend on which agency the LEO is with, and which databases they have access to. Obviously, DPS will know. (Texas only)
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JP171
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Re: A few general carry questions

Post by JP171 »

zero4o3 wrote:
couzin wrote:
Teamless wrote:That being said, I would show, either way.
Yep - me too!!!
JP171 wrote:...my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!
Again - IMHO (only) - police have tough enough job, if someone refuses to disclose, or let a search be conducted, then there IS going to be a search while you sit on the curb (possibly cuffed). Why act like they are your enemy??!!


they can only search if they have reason to correct? or are you saying they will make up a reason to if they want to?

yes a police officer has a difficult job I agree. A police officer asking me if I have anything in the vehicle that "s/he" needs to know about is invasion of privacy period, the answer is NO! If an Officer has asked to search my vehicle and does NOT have what I consider to be probable cause or I just plain don't feel like letting him search(and I never do) the answer is NO. If said officer then puts me in custody so that s/he may search my vehicle they had better do 2 things, find something that makes my arrest a legal detainment and arrest, and take me to the station and process me into the jail, if they do NOT then they are going to be very broke and out of a job. Police officers do at times intimidate people and search vehicles anyway, they coerce your consent. I have been stopped in uniform, they have asked and been told no. I have given permission one time, it cost me over 3000$ to fix the car they tore up, the rental agency was hot to say the least. after that I tell everyone to not offer information, answer the question asked and only that information, never let them search. oh and when they tow your vehicle and do the "inventory" they cannot use anything found on the "inventory" in criminal proceedings. I guess my problem is that I don't care if a police officer thinks contempt of cop is a legally punishable offense or not, and its NOT!

I do however try to accomodate the police officer in his duties as much as I am able, I am polite I do what the offricer tells me I need to do. I answer the question asked of me I do not rattle on about inane subjects nor do I tell the officer more than I was asked about. a police officer does not need to know where you were, where your going, how long your going to be there or anything else, if he gives you a field sobriety test and you fail, then you need to tell where you were and where your going. I might have a bit of an attitude about it yes, but when you get stopped almost every day because your on a crotch rocket and the only reason they light you up is to see if you'll run it gets old then they make up reasons to tell why they stopped you.
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Re: A few general carry questions

Post by zero4o3 »

JP171 wrote:
zero4o3 wrote:
couzin wrote:
Teamless wrote:That being said, I would show, either way.
Yep - me too!!!
JP171 wrote:...my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!
Again - IMHO (only) - police have tough enough job, if someone refuses to disclose, or let a search be conducted, then there IS going to be a search while you sit on the curb (possibly cuffed). Why act like they are your enemy??!!


they can only search if they have reason to correct? or are you saying they will make up a reason to if they want to?

yes a police officer has a difficult job I agree. A police officer asking me if I have anything in the vehicle that "s/he" needs to know about is invasion of privacy period, the answer is NO! If an Officer has asked to search my vehicle and does NOT have what I consider to be probable cause or I just plain don't feel like letting him search(and I never do) the answer is NO. If said officer then puts me in custody so that s/he may search my vehicle they had better do 2 things, find something that makes my arrest a legal detainment and arrest, and take me to the station and process me into the jail, if they do NOT then they are going to be very broke and out of a job. Police officers do at times intimidate people and search vehicles anyway, they coerce your consent. I have been stopped in uniform, they have asked and been told no. I have given permission one time, it cost me over 3000$ to fix the car they tore up, the rental agency was hot to say the least. after that I tell everyone to not offer information, answer the question asked and only that information, never let them search. oh and when they tow your vehicle and do the "inventory" they cannot use anything found on the "inventory" in criminal proceedings. I guess my problem is that I don't care if a police officer thinks contempt of cop is a legally punishable offense or not, and its NOT!

I do however try to accomodate the police officer in his duties as much as I am able, I am polite I do what the offricer tells me I need to do. I answer the question asked of me I do not rattle on about inane subjects nor do I tell the officer more than I was asked about. a police officer does not need to know where you were, where your going, how long your going to be there or anything else, if he gives you a field sobriety test and you fail, then you need to tell where you were and where your going. I might have a bit of an attitude about it yes, but when you get stopped almost every day because your on a crotch rocket and the only reason they light you up is to see if you'll run it gets old then they make up reasons to tell why they stopped you.


maybe its something about you, in the last 7 years 6 of which I did not own a car, I was pulled over maybe 4 times on my bike, 1 for running a red light 2 for speeding and 1 for not having my licesnse plate mounted properly, I recieved one ticket ;-)

that being said I agree with you as far as not giving more infromation then needed I have some really good friends who are pasadena PD, but I had a run in with a bad cop once also (they do exist they are only people after all) and it reminded me that I cant trust a police officer anymore then I could trust anyone else.
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Art S
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Re: A few general carry questions

Post by Art S »

zero4o3 wrote:
JP171 wrote:
zero4o3 wrote:
couzin wrote:
Teamless wrote:That being said, I would show, either way.
Yep - me too!!!
JP171 wrote:...my answer to the question asked by the officer "is there anything I need to know about in your vehicle" is one word, NO! and if he asks to search the answer is NO!
Again - IMHO (only) - police have tough enough job, if someone refuses to disclose, or let a search be conducted, then there IS going to be a search while you sit on the curb (possibly cuffed). Why act like they are your enemy??!!


they can only search if they have reason to correct? or are you saying they will make up a reason to if they want to?

yes a police officer has a difficult job I agree. A police officer asking me if I have anything in the vehicle that "s/he" needs to know about is invasion of privacy period, the answer is NO! If an Officer has asked to search my vehicle and does NOT have what I consider to be probable cause or I just plain don't feel like letting him search(and I never do) the answer is NO. If said officer then puts me in custody so that s/he may search my vehicle they had better do 2 things, find something that makes my arrest a legal detainment and arrest, and take me to the station and process me into the jail, if they do NOT then they are going to be very broke and out of a job. Police officers do at times intimidate people and search vehicles anyway, they coerce your consent. I have been stopped in uniform, they have asked and been told no. I have given permission one time, it cost me over 3000$ to fix the car they tore up, the rental agency was hot to say the least. after that I tell everyone to not offer information, answer the question asked and only that information, never let them search. oh and when they tow your vehicle and do the "inventory" they cannot use anything found on the "inventory" in criminal proceedings. I guess my problem is that I don't care if a police officer thinks contempt of cop is a legally punishable offense or not, and its NOT!

I do however try to accomodate the police officer in his duties as much as I am able, I am polite I do what the offricer tells me I need to do. I answer the question asked of me I do not rattle on about inane subjects nor do I tell the officer more than I was asked about. a police officer does not need to know where you were, where your going, how long your going to be there or anything else, if he gives you a field sobriety test and you fail, then you need to tell where you were and where your going. I might have a bit of an attitude about it yes, but when you get stopped almost every day because your on a crotch rocket and the only reason they light you up is to see if you'll run it gets old then they make up reasons to tell why they stopped you.


maybe its something about you, in the last 7 years 6 of which I did not own a car, I was pulled over maybe 4 times on my bike, 1 for running a red light 2 for speeding and 1 for not having my licesnse plate mounted properly, I recieved one ticket ;-)

that being said I agree with you as far as not giving more infromation then needed I have some really good friends who are pasadena PD, but I had a run in with a bad cop once also (they do exist they are only people after all) and it reminded me that I cant trust a police officer anymore then I could trust anyone else.

:iagree:
I don't think "NO" is the real problem. It is how you say it. Rude fuels the fire while courtesy help control the flame. If you have an additude going in it can only go down hill. it does not matter who your talking to LEO, BG, anyone you may or may not know.
About trust, it is earned not assumed.
Did you learn something new today and did you smile? if not, why?

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DFWTT
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Re: A few general carry questions

Post by DFWTT »

+1 on the 4th. They are on a need to know basis and if the info they are requesting does not relate to the probable cause of the stop, I do not offer it. Politeness is the way to go. But, if you have ever tried to tell a cop "no" then you know what it brings. No search, under any circumstances. Call a lawyer immediately. Just don't forget to turn on the digital recorder before he/she arrives at your window and asks the inevitable..."Do you know why I stopped you?" For the OP, the statute has been posted stating that you are only required to show while carrying. That said, I will show anyway. Not to contradict my original statement, it may help to show some compromise right before you tell him what he needs to do to search or significantly reducing your chances of being searched in the first place.
JMO.
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