My last experience with a LEO

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Deltaboy said:
That officer should be allowed to write a book or training manuel on how to interact with CCW holders and the public in general.

So you are a big fan of police officers who disarm citizens because it is "SOP"? The police officer asked the OP to waive his 4th amendment rights, which the OP then consented to.

Under the 4th Amendment, the officer only had the right to disarm the OP without consent if he had reasonable and articulable suspicion that the OP was armed AND DANGEROUS, and then the officer could disarm him for "officer safety" only. Clearly, in this case, the officer had no RAS to believe the OP was armed AND DANGEROUS, as evidenced by the fact that he requested the OP to actually remove the gun from the storage location! Therefore, the officer had to ask the OP to waive his 4th amendment rights.

Personally, I find the whole line of, "Can I have your gun because it's SOP" to be B.S.
 
A while ago: There I was , weaving thru early Palm Bay (FLA) traffic to get to the range. Didn't see the stealth cop car til he had me.

"License, Registration, Insurance cards! Have any Weapons?"

I say "are you freaking kidding me! Two rifles in the bed, carbine next to me, three pistols locked, cocked and ready to rock ..."

Ok, he really didn't ask about weapons - It was pretty obvious.

But he runs my paperwork and comes back pretty quickly. "Got you going 49 in a 35". Points to his paper which says $244 !!!

Then he says something like " I see youre one of the good guys, prolly in a rush to get to the Port Malabar Gun club before it opens. And, it seems that my ah, cough cough, equipment malfunctioned, and I lost all your speed data, so I wrote you up for a bad turn signal - get it fixed!" I said Yes Sir, be Happy to! Shook his hand and went on my way.

Great way to start the day - from a possible $244 speeding violation to a mere $20 faulty equipment charge. Who says cops don't have a heart!
 
It just doesn't seem like a very reliable way of knowing whether the driver is armed.

If the license plate does not indicate a CCW holder, how do you know the driver is NOT carrying?
In a CHL class the question came up to the retired LEO/guest instructor about whether or not we are required to announce we are armed and produce a CHL if pulled over. He said "no you are not, and we just assume EVERYONE is carrying TWO guns".

The guys with CHLs are not the ones you need to worry about as a LEO. The ones that intend to do you harm are not going to tell you the truth about whether they are armed anyway.
 
Yep, Texas very definitely DOES connect your DL and CHL. I was stopped a few weeks ago by a State Trooper and after he approached my car he stated that I was driving a tad too fast. We discussed the car I was driving and a few other things, then he said he was going to issue me a warning ticket and all he needed was my DL. I handed it to him and he went back to his car to write up the ticket. When he returned to my car, he informed me that his license check showed I was a CHL holder, and asked if I was carrying. I said yes and that I would have handed him my CHL but all he asked for was my DL, not insurance or anything else. He said don't worry about it, I'm not worried about you, and off he went.
 
I know that it used to be the law in TX that if you held a CHL and were carrying you were required to disclose to the officer if pulled over. It was ironic because if a person with a CHL had a gun in their car, which is perfectly legal in TX, they were not required to discolse. I heard it had been changed so that CHL holders no longer have to disclose but i always do because they will find out anyways when they run my license and it may improve my chances of getting out of the ticket.

I've never had a cop disarm me during a stop but it infuriates me they have the "right" to do so without reason in TX.
 
In my state every time I run a plate in relation to a trafffic stop, and the registered owner is also run and he/she comes up as a CCW permit holder, and its part of the law that the person declare they have a permit and if they have the permit they present it with thier DL. Thats some wierd SOP for taking your weapon just because. If I execute a traffic stop and the driver is a CCW permit holder and armed or otherwise I ask where it is and that they not make an attempt to get it while I'm in contact with them.
That still floors me that taking your weapon while on the stop is SOP:what:
 
I just took the TX CHL class this last weekend and it certainly is the law right now in TX that if you are a CHL and you ARE carrying you ARE REQUIRED to tell the LEO that you are a CHL and you are carrying. If you are not carrying you do not have to tell them, but they are already going to know from your DL because its linked to you CHL in the system so you might as well tell them you are CHL and not carrying.
 
..it certainly is the law right now in TX that if you are a CHL and you ARE carrying you ARE REQUIRED to tell the LEO that you are a CHL and you are carrying.

Yes, this is true... BUT!

HB2730 removed the penalty for failing to notify.

So yes, you are required by law to notify... but they can't do anything about it if you chose not to.
 
That still floors me that taking your weapon while on the stop is SOP
You're not the only one...

If you stop someone for a traffic violation, and see that they may have a firearm because their license or permit is linked to their registration or D/L, seems like you have a few options:

1) Ignore it. This person is to be trusted no more nor less than any other driver you'd contact -- except that they at some point were of good enough character to obtain a license to carry a firearm and were of good enough intent to do so rather than carry a weapon illegally. Proceed as usual.

2) Ask the driver to disarm him or herself and deliver the firearm to you. Uh, say what? So you don't want this person to be in possession of a weapon you consider dangerous while you're interacting with them, but you're going to direct them to draw, retrieve it, handle it, manipulate it and hand it over to you? How does that make sense? If you actually have anything to fear from this person, and you instruct them to draw their weapon, you're now in a position of having to draw to a drawn gun if they decide to harm you. Even if you DON'T have anything purposeful to fear, you have to trust that this nervous, distracted, unhappy person is going to safely draw and hand-over his/her weapon without endangering themselves or you. Are you going to have them unload it? Are you going to risk them pointing it at you or themselves while trying to hand it over? And if they do hand it over carefully, what have you proved? Only that they didn't mean you any harm anyway.

And what if they cite the 4th Amendment and want to argue with you that they should not have to surrender the piece, consent to searches, etc.? Are you going to force them? Are you going to stand down?

3) Disarm them yourself. Ok, so this routine speeding ticket now requires you to get the driver out of the car and physically disarm them. You'll be dealing with an unfamiliar holster and gun. Can you approach and draw that weapon safely without putting yourself at undue risk? Are you going to try to control this person and their weapon alone or do you need to wait for backup? Are you going to trust them to exit the vehicle and submit to being disarmed without attacking you? If so, what was the point of the exercise again? If not, are you going to draw and hold them at gunpoint while they exit and submit? Are you going to close in and retrieve their gun while keeping your own weapon trained on them? Again, do you have backup? Do you need backup? It's "just" a traffic stop, remember!

In both 2 and 3, do you consider this person "armed and dangerous?" If so, why? If not, why disarm them? Does the fact that they're armed imply "dangerous" as well? Again, why? And is this different from the SOP you'd use with any other driver for whom you have zero carry permit information. What if they're armed? Seems you're trusting the people who tell you less about themselves and subjecting to great risk those people who've volunteered this information to you through the permit system.

So much of this doesn't make any sense. This "SOP" seems to put officers and the public at much greater risk and gives no benefits at all.
 
"Texas does not associate a Concealed Carry License with a vehicle or Driver's license."

JustinJ - I believe that to be false. It's my understanding that a driver license will be run through the Tx Law Enforcement Telecomm System which will reveal that a person holds a CHL. My CHL instructor said:
ClickClickD'oh - Texas does not associate a Concealed Carry License with a vehicle or Driver's license. Don't look now said:
Medalguy - Yep said:
Morning guys, well, I thought about your responses and wondered if anything had changed recently.. so I called a Security Analyst with TXDPS that I work with, and the PIO with the questions..

Since I'm a trainer for TCIC/NCIC, I wanted to make double sure.. so the finding is as follows:

In Texas

1. There is no reference to a CHL on the complete DL response.
2. CHL information is available ONLY by running a TCIC request.
3. Out of state officers and agencies may be able to obtain Texas CHL information if they run a CWQ format, not a QW/ZW.
4. Texas doe NOT tie any CHL information to a vehicle.

That all being said, there may be agencies that have created "in-house" information screens for their CAD software so that when you are run, it will pop up a warning in-house and they can advise their officers..
And some CAD software is written to automatically run a wanted (10-29) upon entering the Name and DOB, so a TCIC response would come back.
 
HavelockLEO said:
In my state every time I run a plate in relation to a trafffic stop, and the registered owner is also run and he/she comes up as a CCW permit holder, and its part of the law that the person declare they have a permit and if they have the permit they present it with thier DL. Thats some wierd SOP for taking your weapon just because. If I execute a traffic stop and the driver is a CCW permit holder and armed or otherwise I ask where it is and that they not make an attempt to get it while I'm in contact with them.
That still floors me that taking your weapon while on the stop is SOP

Really? That's not what the actual statue says, is it...

§ 14‑415.11. Permit to carry concealed handgun; scope of permit.

(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun (my note 1 below), shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun (my note 2 below) when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer (my note 3 below). In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.

1. In North Carolina I am only required to have the permit in my possession if I am actually carrying a concealed handgun. 2. I am only required to notify the officer of my permit and gun if I am actually carrying a concealed handgun at the time. 3. I only have to show my permit to an officer if they request to see it...and if I am not carrying a concealed handgun at the time, there is no requirement for me to carry my permit so I can't show you something I don't have in my possession and that cannot be a criminal act if I am not required by law to be in possession of it.
 
I will assume that we all value self preservation to be an important concept. I know I do. That being said, as a LEO, initially I am going to consider everyone I come into contact with a potential threat to my well being and act professionally, but accordingly.

As such, that does not mean the first order of business is to disarm. To do so escalates a situation. Instead, I am going to use my training to interpret what my sight, my hearing, my smelling and my feelings are telling me to determine my course of action.

A basic tenet of LEO training in the U.S. is to deescalate a situation. Unfortunately, not all LEO’s subscribe to that theory. Of course neither do all citizens. When someone goes looking for trouble, they usually find it in the darnest places.
 
1. There is no reference to a CHL on the complete DL response.
2. CHL information is available ONLY by running a TCIC request.
3. Out of state officers and agencies may be able to obtain Texas CHL information if they run a CWQ format, not a QW/ZW.
4. Texas doe NOT tie any CHL information to a vehicle

We had your CHL come back in car when we ran your DL in Dallas.
 
only because your mobile cad was configured to run 29 along with the dl..

running the DL alone will not give chl information.. period.

just tested mine this morning through DPS Austin.. it's not there..
 
We're trying to bail out finally on Hell-A this year and move to BFE, Dixie. After a half century in what was once the greatest state to grow up and live in-----I'm done. Just can't do it another year. This place is so rapidly approaching 3rd World status that it just makes my head spin. Pretty soon it'll just be the HollyWeird elite......and the bottom feeders. No one left in the middle, but that's life.

sadly so true. In the 1950's - mid 1960's the San Francisco Bay Area was a great place to grow up. I moved many years ago and have never regretted the decision. I do return several times a year both for pleasure and family business, but it's no longer a trip I look forward to, it's become a chore.:cuss::fire:
 
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