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Re: Does CHL count as probable cause?

Posted: Sun Jan 13, 2013 12:43 pm
by WildBill
Is having a Texas license plate considered probable cause in California?

Re: Does CHL count as probable cause?

Posted: Sun Jan 13, 2013 12:56 pm
by texanjoker
WildBill wrote:Is having a Texas license plate considered probable cause in California?
To LE no! But to a crook that means you are a tourist, and a good target for a vehicle burglary. I know in TX I had those CA plates off my car within a week. One to comply with the law and 2 to not be the same target.

Re: Does CHL count as probable cause?

Posted: Tue Jan 15, 2013 11:07 pm
by dac1842
first, you gave consent to search, that is well documented and has been responded to appropriately. The part I want to address is probable cause. PC is defined as that belief that would cause a reasonable person to believe that a crime has been or is about to be committed.
That said, the Chief needs to go back and take a CCP refresher course.
I have met a few of the Montgomery PD Officers in my association with a non profit group (DWI Tracker), they have all presented themselves is very courteous and professional.

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 1:35 pm
by CJD
It was right after nightfall. I was pulled over because the officer followed me for 5 miles right on my tail to wait for me to do something wrong, and out of nervousness I went about 2 inches over the right line. I live in Montgomery, and no passengers. Also, I gave limited consent, and the other firearms were not in plain sight. They said "we have a lot of thefts going on around here, so we just want to check everything out make sure everything is ok" or something along those lines. I don't believe in giving up my rights to make someone else comfortable. Also, the officer was new to the department from Houston, and seemed to have an attitude of guilty until proven innocent. The chief was courteous and professional enough, just misinformed and made sure to cover up for his fellow officer.

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 4:59 pm
by bdickens
Beiruty wrote:Blow it off and live your life. Next, please.
It is because of that attitude that we're in the pickle we are. Thanks, buddy.

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 5:02 pm
by bdickens
The only proper response to a request by an LEO to look at anything is "No."

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 6:09 pm
by CJD
bdickens wrote:The only proper response to a request by an LEO to look at anything is "No."
Lesson learned a little late haha

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 6:29 pm
by C-dub
I was thinking about this and if asked to search because there have been some thefts I might respond, "No thanks. I'm not missing anything. Thanks for your concern."

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 7:00 pm
by Jumping Frog
bdickens wrote:The only proper response to a request by an LEO to look at anything is "No."
True! If they have necessary PC they don't need to ask. So if they are asking, my answer is always NO.

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 7:15 pm
by WildBill
texanjoker wrote:
WildBill wrote:Is having a Texas license plate considered probable cause in California?
To LE no! But to a crook that means you are a tourist, and a good target for a vehicle burglary. I know in TX I had those CA plates off my car within a week. One to comply with the law and 2 to not be the same target.
I never got pulled over in Texas until I got my Texas plates.

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 7:16 pm
by texanjoker
WildBill wrote:
texanjoker wrote:
WildBill wrote:Is having a Texas license plate considered probable cause in California?
To LE no! But to a crook that means you are a tourist, and a good target for a vehicle burglary. I know in TX I had those CA plates off my car within a week. One to comply with the law and 2 to not be the same target.
I never got pulled over in Texas until I got my Texas plates.
LOL

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 7:21 pm
by puma guy
CJD wrote:
This is exactly what I said. It was in Montgomery, Texas, and a city officer. Yeah there was nothing found that would have made them not need consent. He was a old Houston officer, and Houston was the precinct that decided to arrest motorist with weapons under MPA anyway, so they don't seem to actually care what the law says in my eyes. I just wanted to complain to show that that would not be allowed up here, but then the chief backed him up and spewed his garbage.
Beiruty wrote:Blow it off and live your life. Next, please.
This Is the problem, is people blowing off police misconduct. We need to stand up to those who think they can do what they please, they need to know that they work for the people.
I can't find the link, but I just watched HPD Chief Charles McClelland on Fox News make comments that indict owners of "assault weapons" (his words) and high capacity magazines as a danger to the public and his officers. He also stated they shouldn't own them. I don't know about the MPA arrests in Houston, so apparently the "beat goes on". I hope I can find the video of his comments.

Re: Does CHL count as probable cause?

Posted: Thu Jan 17, 2013 10:34 pm
by dac1842
The MPA arrests by HPD were primarily at the direction of the previous DA who was voted out of office. In her assessment a minor traffic offense counted as criminal activity and therefore if you were carrying under MPA you were now charged with Unlawful Possession of a Prohibited weapon. Since she is now a distant memory, I would expect our new DA, who as a great degree of common sense to be a bit more discerning about that.

Re: Does CHL count as probable cause?

Posted: Fri Jan 18, 2013 3:45 am
by Andrew
puma guy wrote:
CJD wrote:
This is exactly what I said. It was in Montgomery, Texas, and a city officer. Yeah there was nothing found that would have made them not need consent. He was a old Houston officer, and Houston was the precinct that decided to arrest motorist with weapons under MPA anyway, so they don't seem to actually care what the law says in my eyes. I just wanted to complain to show that that would not be allowed up here, but then the chief backed him up and spewed his garbage.
Beiruty wrote:Blow it off and live your life. Next, please.
This Is the problem, is people blowing off police misconduct. We need to stand up to those who think they can do what they please, they need to know that they work for the people.
I can't find the link, but I just watched HPD Chief Charles McClelland on Fox News make comments that indict owners of "assault weapons" (his words) and high capacity magazines as a danger to the public and his officers. He also stated they shouldn't own them. I don't know about the MPA arrests in Houston, so apparently the "beat goes on". I hope I can find the video of his comments.
here's the link to Chief McClelland. http://www.myfoxhouston.com/story/20618 ... un-control" onclick="window.open(this.href);return false;

Re: Does CHL count as probable cause?

Posted: Fri Jan 18, 2013 2:15 pm
by puma guy
Andrew wrote:
puma guy wrote:
CJD wrote:
This is exactly what I said. It was in Montgomery, Texas, and a city officer. Yeah there was nothing found that would have made them not need consent. He was a old Houston officer, and Houston was the precinct that decided to arrest motorist with weapons under MPA anyway, so they don't seem to actually care what the law says in my eyes. I just wanted to complain to show that that would not be allowed up here, but then the chief backed him up and spewed his garbage.
Beiruty wrote:Blow it off and live your life. Next, please.
This Is the problem, is people blowing off police misconduct. We need to stand up to those who think they can do what they please, they need to know that they work for the people.
I can't find the link, but I just watched HPD Chief Charles McClelland on Fox News make comments that indict owners of "assault weapons" (his words) and high capacity magazines as a danger to the public and his officers. He also stated they shouldn't own them. I don't know about the MPA arrests in Houston, so apparently the "beat goes on". I hope I can find the video of his comments.
here's the link to Chief McClelland. http://www.myfoxhouston.com/story/20618 ... un-control" onclick="window.open(this.href);return false;
Thanks :thumbs2: