Recently Published study by TSRA and others

[Greybeard]

Please excuse me if this is posted elsewhere, but I have not seen it. I realize that many folks here may have also received this yesterday in an e-mail alert. But, for those who have not seen already, below is a link to a hot topic that evidently caused HB 1815 to be filed last week.

Above The Law: Find out how Texas prosecutors are placing their own judgment over that of the Legislature and the law of the land. Click "Above The Law" to read more. Don't have Adobe reader? View the flash version. "Above The Law Flash". Edited to add: Sorry the links are not showing up here, but the paragraph above and good links are currently in the first paragraph at http://www.tsra.com.

Mods: If not applicable here, feel free to move. Others: In any event, this is the type thing that TSRA has ongoing for all of us. If not already a member, please join! http://www.tsra.com

[Liberty]

The "Above The Law" PDF file is a pretty good read and does a good job on explaining how local DA's place themselves above the law. They offer som excellent advice on how to prevent being Nifonged if you happen to be stopped.

What to do if you are stopped...
Whether or not you are in an area where we know that the prosecutor is giving out questionable advice, follow these
guidelines if you would like to exercise your constitutional rights:
􀁺 Make sure your gun is not in plain view.
􀁺 Designate one person to speak to the officer (usually the driver) - there is no need for anyone else in the car
to speak.
􀁺 Show both of your hands as the officer approaches the car - it is wise to place both hands on the steering
wheel in plain view.
􀁺 When the officer is close enough to hear you, say, “Hello officer, why did you pull me over?â€? The officer will
probably ask you the same question; if so, say, “I don’t know officer, that is why I asked.�
􀁺 Remember that you have the right to remain silent, and that the officer is trained to use anything you say
against you later in court. You do not have to answer any of the officer’s questions, If the officer asks you a question
that you do not want to answer, calmly say, “Officer, I don’t want to answer any questions now. Am I free to go?�
􀁺 If you decide to step out of the car - roll up all of the windows, step out of the car, and close and lock all of the
car doors.
􀁺 If you are asked why you locked the doors, say, “Habit.â€?
􀁺 It is always appropriate to say, “Officer, are you detaining me or am I free to leave?â€? Repeat as necessary
until you’re allowed to depart.
􀁺 If the officer asks for your consent to search your person or your vehicle, say, “I’m sorry but I do not consent
to any searches officer.� If the officer has to ask for your permission, that means that the officer does not have any
other legal reason to search you. You can always decline such a search.
􀁺 If you don’t know what to say at any time, just ask, “Officer, am I free to leave?â€?

One thing I find fascinating is that this piece is wriiten by the ACLU and that the TSRA has gone into partnership with them on this issue. Its good to see the ACLU on our side for a change.

[txinvestigator]

Some of that advice is pretty lame, and others just wrong.

[jbirds1210]

�� When the officer is close enough to hear you, say, “Hello officer, why did you pull me over?� The officer will
probably ask you the same question; if so, say, “I don’t know officer, that is why I asked.�

That should just about guarantee no warning will be issued

[nitrogen]

If I had something to hide, or just didn't want my car searched for any reason, i'd follow most of that advice.

The ACLU really, honestly isn't the evil org many people think it is. It gets about as bad of a rap in conservative circles as the NRA does in liberal ones.

[Greybeard]

Some of y'all who get TSRA newsletter may recall that legal counsel there advised non-CHL holders (when LEOs start asking questions) to say something to the effect of "Officer, my attorney has advised me that all of the information you need is on that driver's license." Then zip the lips. And do not consent to a search without a warrant. And, yeah, he said you will quite likely get the traffic citation.