LEO right to search with CHL
Moderators: carlson1, Charles L. Cotton
LEO right to search with CHL
A friend said he has postponed his CHL because he heard that a LEO can search your house with probable cause, without obtaining a warrant if you have a CHL. I didn't think this was the case.
Some feedback please.
Some feedback please.
I love the sound smell of jet fuel in the morning.
Fat thumbs + IPhone = errors, please forgive.
Fat thumbs + IPhone = errors, please forgive.
Re: LEO right to search with CHL
Never heard of this, I don't think there is any truth to it. The 4th Amendment would still have to apply.
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically requires search and arrest warrants be judicially sanctioned and supported by probable cause. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically requires search and arrest warrants be judicially sanctioned and supported by probable cause. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.
Re: LEO right to search with CHL
I've also heard that a LEO can tell just by looking at you if you're carrying or not. 

I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
Re: LEO right to search with CHL
Thanks a lot, once again I can always count on this forum to sort fact from fiction
I love the sound smell of jet fuel in the morning.
Fat thumbs + IPhone = errors, please forgive.
Fat thumbs + IPhone = errors, please forgive.
Re: LEO right to search with CHL
This sort of 'information' ususlly comes from those who are trying to justify why they do not have a CHL.
At a motorcycle get together a few years back, I listened to a fellow spout off a long list of reasons why he carried, but without a CHL. Biggest bunch of bull I had heard in a long time. I didn't even try to set things straight, but walked away thinking that he probably had something in his background that prevented him from getting a CHL....... thus the bull smoke screen.
At a motorcycle get together a few years back, I listened to a fellow spout off a long list of reasons why he carried, but without a CHL. Biggest bunch of bull I had heard in a long time. I didn't even try to set things straight, but walked away thinking that he probably had something in his background that prevented him from getting a CHL....... thus the bull smoke screen.
Re: LEO right to search with CHL
I too have heard some anti-CHL ideas.
Most recently, a neighbor suggested people who carry stand a great chance of getting into trouble.
I said nothing.
I don't have the energy or inclination to debate this argument.
In the past, I've tried to convince a few folks about the wisdom of carrying, but apparently I'm not very convincing, so now I keep my thoughts about this subject to myself.
Though I wish I'd heard - "Why wear a seat belt?", earlier.
Who knows, it might've plant a seed...
As far as proselytizing goes though, I just can't do that anymore.
Most recently, a neighbor suggested people who carry stand a great chance of getting into trouble.
I said nothing.
I don't have the energy or inclination to debate this argument.
In the past, I've tried to convince a few folks about the wisdom of carrying, but apparently I'm not very convincing, so now I keep my thoughts about this subject to myself.
Though I wish I'd heard - "Why wear a seat belt?", earlier.
Who knows, it might've plant a seed...
As far as proselytizing goes though, I just can't do that anymore.
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Re: LEO right to search with CHL
Yes, a police officer can search your home if he has probable cause and no warrant. The CHL has nothing to do with it though. A police officer can search any palce with probable cause and no search warrant if he can justify it.FL450 wrote:A friend said he has postponed his CHL because he heard that a LEO can search your house with probable cause, without obtaining a warrant if you have a CHL.
The courts have always upheld searches without a warrant if there is some exigent circumstance (read as emergency) where thee is no time to get a warrant. The primary justification is that something will happen to the evidence if they take the time to get the warrant.
To think about this, remember the search of OJ's home after the murder. The officer did not have a warrant, but found blood on the car handle parked by the house. He searched by pointing out that there could be another victim inside that needed medical attention, thus stopping him from taking the time to get the warrant.
It is clearly not a reason to put off getting a CHL.
Steve Rothstein
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Re: LEO right to search with CHL
Consent is about the only reason I can think of that someone could search and enter without PC,or as Steve mentioned, exigent circumstance. Consent is a powerful force.
Granting permission has nothing to do with a CHL.
Jason
Granting permission has nothing to do with a CHL.
Jason
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Re: LEO right to search with CHL
I had occasion to call police a few years ago, as they were taking my statement, he asked for ID and I handed him my DL and CHL. He asked if I had it on me and I said I did. He asked where and I indicated it was in a cross draw belly band under my shirt. He was flabbergasted and fascinated by how well it was concealed. We spent quite a bit of time comparing notes on preferences of carry weapons and carry systems...it was kind of surreal.C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not.
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Re: LEO right to search with CHL
>A friend said he has postponed his CHL because he heard that a LEO can search your house with probable
> cause, without obtaining a warrant if you have a CHL.
where do things like this come from?
> cause, without obtaining a warrant if you have a CHL.
where do things like this come from?
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Re: LEO right to search with CHL
Thanks to all for the clarification , hope this wil set the record straight
I love the sound smell of jet fuel in the morning.
Fat thumbs + IPhone = errors, please forgive.
Fat thumbs + IPhone = errors, please forgive.
Re: LEO right to search with CHL
Yeah, it's that steely-eyed look we all get when we're packin'.C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not.
Re: LEO right to search with CHL
Ruh roh! I got that same look before I got the CHL and started carrying!E10 wrote:Yeah, it's that steely-eyed look we all get when we're packin'.C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not.


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Re: LEO right to search with CHL
joe817 wrote:Ruh roh! I got that same look before I got the CHL and started carrying!E10 wrote:Yeah, it's that steely-eyed look we all get when we're packin'.C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not.![]()


You must fit the stereotype .

Glock Armorer - S&W M&P Armorer
Re: LEO right to search with CHL
I can't help it if I'm the ultimate "beefcake" image women swoon over and most males become immediately jealous over. THAT'S the look I get. (or I'd like to think so!)USA1 wrote:joe817 wrote:Ruh roh! I got that same look before I got the CHL and started carrying!E10 wrote:Yeah, it's that steely-eyed look we all get when we're packin'.C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not.![]()
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You must fit the stereotype .

Diplomacy is the Art of Letting Someone Have Your Way
TSRA
Colt Gov't Model .380
TSRA
Colt Gov't Model .380