LEO right to search with CHL

CHL discussions that do not fit into more specific topics

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FL450
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LEO right to search with CHL

Post by FL450 »

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.
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ammo two
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Re: LEO right to search with CHL

Post by ammo two »

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.
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Re: LEO right to search with CHL

Post by C-dub »

I've also heard that a LEO can tell just by looking at you if you're carrying or not. :shock:
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.
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FL450
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Re: LEO right to search with CHL

Post by FL450 »

Thanks a lot, once again I can always count on this forum to sort fact from fiction
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Re: LEO right to search with CHL

Post by DaveT »

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.
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Re: LEO right to search with CHL

Post by Abraham »

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.
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Re: LEO right to search with CHL

Post by srothstein »

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.
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.

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.
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Re: LEO right to search with CHL

Post by jbirds1210 »

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.

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Re: LEO right to search with CHL

Post by Dragonfighter »

C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not. :shock:
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.
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Re: LEO right to search with CHL

Post by ghostrider »

>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?
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FL450
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Re: LEO right to search with CHL

Post by FL450 »

Thanks to all for the clarification , hope this wil set the record straight
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Re: LEO right to search with CHL

Post by E10 »

C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not. :shock:
Yeah, it's that steely-eyed look we all get when we're packin'.
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Re: LEO right to search with CHL

Post by joe817 »

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

Post by USA1 »

joe817 wrote:
E10 wrote:
C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not. :shock:
Yeah, it's that steely-eyed look we all get when we're packin'.
Ruh roh! I got that same look before I got the CHL and started carrying! :shock: :lol:
"rlol" :lol::

You must fit the stereotype . :cool:
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joe817
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Re: LEO right to search with CHL

Post by joe817 »

USA1 wrote:
joe817 wrote:
E10 wrote:
C-dub wrote:I've also heard that a LEO can tell just by looking at you if you're carrying or not. :shock:
Yeah, it's that steely-eyed look we all get when we're packin'.
Ruh roh! I got that same look before I got the CHL and started carrying! :shock: :lol:
"rlol" :lol::

You must fit the stereotype . :cool:
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!) :mrgreen:
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