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Re: Multiple different LEO events-READ first then judge!

Posted: Sat Oct 13, 2012 4:20 pm
by MikeStone
It all comes down to the officer. I was pulled over last Wednesday. This was my first interaction with an LEO since getting my CHL. I showed him both as I was carrying at the time. He was very cool and let me off with a warning.

I was shaking in my boots though! Don't know why, guess it was just because I'm still pretty new to CHL!

Re: Multiple different LEO events-READ first then judge!

Posted: Tue Oct 23, 2012 7:23 am
by flechero
george wrote:Cops aren't lawyers, or else they would making a lot more money practising law.

I don't expect them to know all the details of our complicated legal system.
.
While I don't disagree with your statement- I have been told that the average LEO comes across a CHL pretty often, way more frequently that an armed robber or whatever. So since they come across CHL's with regularity- they ought to know the basics of the CHL statutes. Anyone worth their salary should know the basic elements of their job.

I also show my CHL, carrying or not, but that doesn't provide an excuse for someone not keeping up with the rules/laws they are hired to enforce. Any more than me not keeping up with any aspect of my position.

Re: Multiple different LEO events-READ first then judge!

Posted: Tue Oct 23, 2012 9:24 am
by BigGuy
george wrote:Cops aren't lawyers, or else they would making a lot more money practising law.
I don't expect them to know all the details of our complicated legal system.
.
While I wouldn't expect them to know case law or to be able to cite precedents, I certainly DO expect them to be familiar with the statutes they are enforcing.

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 4:11 am
by dafobbishon3
fullsizeaggie wrote:I couldn't find a new member intro thread or haven't found one so Howdy everyone. I'm enjoying reading everything!

I have had my CHL for 6 years, Im 27. I am the guy that gets pulled over at 5-6 in the am driving to work going 2-3 miles over the speed limit, its happened 3 times in 2 different cities in TX! I received a warning every time. I guess they were looking for late partiers!?! I did the simple stop engine, lights on, licenses out etc. Never asked to step out etc.

I drove commercial-medium duty trucks in TX for roughly 2 years. I was pulled over 2 times for safety checks. The first trooper was writing me a warning for "dim" lights....and 10 minutes into the stop he was like: Oh, are you armed? -kinda startled. I chuckled and told him no if I was then I would have shown him my license. He asked me why I wasn't carrying, I told him that I am on military bases and construction sites etc frequently. Good experience, cool trooper and Im on my way.

On to the 2nd stop.....Another safety check. I handed trooper my DL (unarmed), DOT papers etc, did all the light checks, brakes. He ends up giving me a ticket for rocks on the deck of the trailer. So Im over at his truck, and the APB lady rattles off name...blah...blah...then something to the sort of "subject holds TX CHL...". He instantly leans where his pistol is exposed and accessible and asked how come I didn't show him my CHL, I calmly told him I wasnt armed so I didnt show it. He rattles off "next time you better show your license regardless or someone is going to put your butt( uses another word) on the ground"! I was taken back at him, I explained how I just did my refresher course for CHL and previous stops and this had never been brought up...! He didnt really have an answer after that, I just signed the ticket and went on my way.

Thoughts? Similiar experiences?
Do police do this often to trucks? I'm planning on buying a truck in the near future with a lift kid and everything. Those types of trucks tend to get pulled over for safety checks? A picture of said truck, would help :cool:

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 2:21 pm
by tomtexan
Schleprock wrote:
dafobbishon3 wrote: Do police do this often to trucks? I'm planning on buying a truck in the near future with a lift kid and everything. Those types of trucks tend to get pulled over for safety checks? A picture of said truck, would help :cool:
A commercial motor vehicle is subject to safety inspections. Think of the scales that an 18-wheeler has to cross and know that smaller commercial trucks must comply as well. A standard 3/4 or 1 ton truck (or even a dually for personal use) should not require safety inspections, however, that lift kid you plan to install might attract some unwanted attention :lol:
:iagree: That ain't no kidding! Anytime you get a kid to lift your vehicle, it will attract attention. "rlol"

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 4:19 pm
by Jim Beaux
george wrote:Cops aren't lawyers, or else they would making a lot more money practising law.

I don't expect them to know all the details of our complicated legal system.

I have had a LEO with the Alvin ISD tell me that he could arrest me for walking down the sidewalk in front of a school while carrying with a chl.
I have had Pearland cops demand identification (while I wasn't driving), or else!
I have had a Brazoria county sheriff's deputy tell me Barnes copper bullets were illegal, because they were "armor piercing".
The list goes on....

In all cases I have not argued the case, to avoid the confrontation. I respect their authority, but do not expect them to know everything.

I am under the impression that many DPS LEO's have quite a lot of CEUs that can be applied towards a law degree. In general it's safe to assume that DPS guys are well educated professionals.

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 6:01 pm
by gigag04
Jim Beaux wrote:I am under the impression that many DPS LEO's have quite a lot of CEUs that can be applied towards a law degree. In general it's safe to assume that DPS guys are well educated professionals.
No more or less than a muni cop from a city of any size.

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 7:02 pm
by srothstein
Schleprock wrote:A standard 3/4 or 1 ton truck (or even a dually for personal use) should not require safety inspections
Just to add a cautionary note, though only slightly on topic, but a dually can be a commercial vehicle if it has a trailer. The legal definition for a commercial vehicle is any vehicle over 26000 lbs gross weight or any combination of vehicles over 26000 lbs if the trailer is over 10000 lbs. I was told that DPS uses the rule of thumb of a dually with a three axle trailer for a guide to stop and check if it is a commercial vehicle or not.

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 7:56 pm
by Keith B
srothstein wrote:
Schleprock wrote:A standard 3/4 or 1 ton truck (or even a dually for personal use) should not require safety inspections
Just to add a cautionary note, though only slightly on topic, but a dually can be a commercial vehicle if it has a trailer. The legal definition for a commercial vehicle is any vehicle over 26000 lbs gross weight or any combination of vehicles over 26000 lbs if the trailer is over 10000 lbs. I was told that DPS uses the rule of thumb of a dually with a three axle trailer for a guide to stop and check if it is a commercial vehicle or not.
To further muddy the issue, from a federal standpoint you can actually be a commercial vehicle if the gross combined total weight of your vehicle and trailer (GCWR) are over 10,000 lbs and you are engaged in interstate commerce. I have a friend who used to run the balloon program for Curves, They had a dual axle cargo trailer that was being pulled by a large dually 1-ton pickup. They were stopped going into New Mexico by the DOT. Even though you don't need a CDL unless the vehicle is over 26,000 lbs you are required to have a medical certificate and keep logs. The Feds interpret any reason you travel across state lines and can make money as engaged in interstate commerce. This includes going to balloon rallies where their is prize money, horse shows with prize money, drag racing, etc. I checked this out with the Federal Motor Carrier Safety Administration and their lawyers and it is written this way but not enforced very often. But it is still there in the laws and can bite you if not careful.

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 9:25 pm
by The Annoyed Man
My SOP: if I have an interview with an LEO and my ID is requested, I show both IDs—whether I am armed or not. Reasons: A) I don't mind; and B) that way I never have to remember whether or not I'm supposed to show both IDs. I just do the default and then all the bases are covered. And the only time I'm out in public unarmed anyway is, ironically, at gunshows.....so the odds are going to be that I have to show both IDs anyway.

My last moving violation was in California on Christmas Eve 1999. I've been stopped twice here in Texas—once for an expired inspection sticker and once for a burned out brake light—and I've had two other occasions to show a cop my ID. Of those four occasions, only one of the LEO wanted to know if I was armed and where my gun was, and that was the end of it. The others couldn't have cared less.

Re: Multiple different LEO events-READ first then judge!

Posted: Sat Nov 03, 2012 11:47 pm
by dafobbishon3
tomtexan wrote:
Schleprock wrote:
dafobbishon3 wrote: Do police do this often to trucks? I'm planning on buying a truck in the near future with a lift kit and everything. Those types of trucks tend to get pulled over for safety checks? A picture of said truck, would help :cool:
A commercial motor vehicle is subject to safety inspections. Think of the scales that an 18-wheeler has to cross and know that smaller commercial trucks must comply as well. A standard 3/4 or 1 ton truck (or even a dually for personal use) should not require safety inspections, however, that lift kid you plan to install might attract some unwanted attention :lol:
:iagree: That ain't no kidding! Anytime you get a kid to lift your vehicle, it will attract attention. "rlol"
LOL sorry. FIXED.

But seriously, I don't think there's an issue with having a lift kit installed in trucks...
http://www.liftlaws.com/texas_lift_laws.htm" onclick="window.open(this.href);return false;
under suspension, no limit. :confused5

or is that not a reliable site.

Re: Multiple different LEO events-READ first then judge!

Posted: Sun Nov 04, 2012 11:18 am
by Abraham
" He rattles off "next time you better show your license regardless or someone is going to put your butt( uses another word) on the ground"!"

Am I the only to find this LEO's statement alone worthy of contacting his supervisor?

Statements like these are red flags!

Maybe he's burned out or simply a bully with a badge and a gun, but threatening innocent folks with bodily attack isn't to be taken lightly...

What next?

As an authorized LEO, I had beat him/her cuz they didn't remove their driver's license quickly enough to appease me.

I'm a big fan of LEO's, but when I read of such blatant abuse of authority I hope the abused informs the powers that be about this particular incident. This kind of nonsense needs to be investigated. I hope it's recorded...

And, if the officer is found to be guilty of this kind of abuse i.e., woefully lacking in knowledge of the law and then based on such ignorance, threatens the innocent with attack, that officer should be fired pronto!

Re: Multiple different LEO events-READ first then judge!

Posted: Sun Nov 04, 2012 1:06 pm
by WildBill
Jim Beaux wrote:I am under the impression that many DPS LEO's have quite a lot of CEUs that can be applied towards a law degree. In general it's safe to assume that DPS guys are well educated professionals.
I would agree that most DPS Troopers are well-educated professionals, but CEUs can not be applied towards a law degree. If you already have a law degree, CEUs can be used towards fullfilling the continued educational requirements for keeping your law license active.

Re: Multiple different LEO events-READ first then judge!

Posted: Sun Nov 04, 2012 6:13 pm
by SewTexas
honest question here.....

if you're a passenger in a vehicle and a cop has stopped the vehicle and starts talking like this, can you as the passenger quietly call 911 and ask for a superior to come out? or do you just sit quietly and let it go until after the bully cop leaves.