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Failure to identify - recap for the cops that skipped that class.........
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OC for ME
Regular Member
If it is an arrest than incident to arrest the officer can search the person. The officer cannot search the person during a traffic stop. If he chooses to arrest instead of issue citation on the traffic offense than it is an arrest and the person can be searched. A traffic stop is a temporary detention..... Unless it becomes an arrest.......
The definition of arrest is argued in courts all the time...... What is arrest?
Fallschirjmäger
Active member
Does it matter?
It meets the definition of being seized according to the Fourth Amendment.
It meets the definition of being seized according to the Fourth Amendment.
Citizen
Founder's Club Member
It just depends on who is defining it, and for what purpose.
For example, the courts seem to recognize a thorough search of the person incident to a custodial arrest. But, while some courts recognize a traffic stop or detention as an arrest, they will suppress the evidence from a search unless it started from a recognized exception to the warrant clause: officer safety pat down for weapons, etc. applicable within the limitations of Terry v Ohio and subsequent cases.
KBCraig
Regular Member
Exactly.
If you're not free to go, you've been "seized". If you reasonably believe you're not free to go due to positioning, size, numbers, authoritative demeanor, badges and uniforms, etc., you've been seized (and yes, that has been settled in case law also).
All the quibbling about "detained", "arrested", "investigatory stop", "Terry Stop", and such, are all erosions of the right to be free from being seized without a warrant issued upon probable cause.
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Fallschirjmäger
Active member
And all are merely ways to try and avoid saying that little trigger word; 'seized'.
Reminds one of the cops that say "No, no, noooo, you're not detained, but you can't leave until you answer my questions either."
OC for ME
Regular Member
If it were not for the gun they carry most cops would be darn sure they had the law clearly on their side. As it stands now, that gun is the only reason a cop can demand your ID where no authority to do so may exist.
Maybe we should just ask Acevedo what rights he's willing to bestow on us...... Since our rights come from police chiefs we shouldn't bother reading case laws or that pesky Constitution...... Who cares about definitions: unlawful detention, lawful temporary detention, consensual encounter, reasonable suspicion, probable cause, arrest? You almost had me convinced there.....
carstensxd45
New member
Anyone know what is happening to the bills right now?
Am afraid that the politicians are going to run out the clock so to speak, let it sit in committee until it is too late to get another vote. That way they can claim to support open Carry (to get votes) and yet let it die to pacify the anti crowd (getting their votes also), I really hope I am wrong! !!
Am afraid that the politicians are going to run out the clock so to speak, let it sit in committee until it is too late to get another vote. That way they can claim to support open Carry (to get votes) and yet let it die to pacify the anti crowd (getting their votes also), I really hope I am wrong! !!
From TSRA
Session Ends June 1st
TSRA Priority Legislative Agenda
URGENT ACTION
HB 910 by Phillips and SB 17 by Estes-Licensed Open Carry
neither bill has completed the legislative process. The House bill is sitting in the Senate and the Senate bill is sitting in the House.
The links take you to a list of actions within the legislative process.
HB 937 by Fletcher and SB 11 by Birdwell-Campus Carry the Senate passed SB 11 early and the House moved HB 937 which is currently in Calendars Committee. This is the 4th Legislative session for this important personal protection issue. Check the links for bill progress to date.
My comment: We need to call all 31 senators and Dan Patrick. They can pass with no obstacles the HB910 licensed open carry anytime...... This link will take you to all of their info: http://www.capitol.state.tx.us/Members/Members.aspx?Chamber=S
Session Ends June 1st
TSRA Priority Legislative Agenda
URGENT ACTION
HB 910 by Phillips and SB 17 by Estes-Licensed Open Carry
neither bill has completed the legislative process. The House bill is sitting in the Senate and the Senate bill is sitting in the House.
The links take you to a list of actions within the legislative process.
HB 937 by Fletcher and SB 11 by Birdwell-Campus Carry the Senate passed SB 11 early and the House moved HB 937 which is currently in Calendars Committee. This is the 4th Legislative session for this important personal protection issue. Check the links for bill progress to date.
My comment: We need to call all 31 senators and Dan Patrick. They can pass with no obstacles the HB910 licensed open carry anytime...... This link will take you to all of their info: http://www.capitol.state.tx.us/Members/Members.aspx?Chamber=S