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by Liko81
Wed Aug 06, 2008 4:43 pm
Forum: General Texas CHL Discussion
Topic: No CHL and traffic stop while carrying in vehicle.
Replies: 121
Views: 13044

Re: No CHL and traffic stop while carrying in vehicle.

lunchbox wrote:what is my responsibility to show ID not in a traffic stop??
You have a duty to identify yourself when arrested. That doesn't necessarily mean you have to provide an ID card; verbally giving your name is generally enough, but if you have a DL on you they'll probably use that. Other than that, I can't think of any other time when being interviewed or detained by an officer when you cannot lawfully refuse to show ID. An officer in the State of Texas does not have the power to demand that you produce identification other than while stopped for a moving violation, and therefore such a demand is unlawful, and refusing it is OK from a legal standpoint.

Now, that's the law. On the spot, there is one rule; do not resist the officer. You don't have to help him out, but you can be charged if you resist even if the officer's command or arrest was unlawful. If you are arrested for failure to identify, it's a false arrest and the officers will face disciplinary actions. However, this should be the first thing you remember when dealing with an officer; if he thinks you're going to jail, he's usually right. If an officer wants to take and examine something carried on your person, from your ID to your CCW to your toe ring, the phrase of the day is "I do not consent to a search or seizure of my person or effects, but if you insist on proceeding I won't resist."
by Liko81
Wed Aug 06, 2008 4:27 pm
Forum: General Texas CHL Discussion
Topic: No CHL and traffic stop while carrying in vehicle.
Replies: 121
Views: 13044

Re: No CHL and traffic stop while carrying in vehicle.

Mr.Scott wrote:I don't see what the fuss is. 9 times out of 10 an officer is going to ask if you have any weapons in the car.
I have never had an officer ask me that. I'm more often asked if there is a medical emergency to explain my speeding. 'Course, I haven't been pulled over in over 4 years, so attitudes and the interview may have changed.

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