Arrested for Unlawful Carry of a Weapon in my vehicle

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On Saturday, two weeks ago, I was arrested in Corpus Christi for having a pistol in my vehicle. Thanks for the advice/support. I'll keep updates posted as they happen.

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You need to start looking at a 42 usc 1983 lawsuit for false arrest, improper search, seizure, etc...

They handcuffed me and my girlfriend and put us in different cars. They tactically cleared my vehicle, looking for other people I guess.

Illegal search and they should have known better. Arizona v Gant.

One of the officers comes to the car where I was and informs me that they got a call that somebody was shooting from a vehicle SIMILAR to mine.

Yeah, ok we'll see.

At that point I informed him that I was not shooting but that I did have a pistol in my vehicle.

You, sir, are a failure at this station. Go back and watch the "don't talk to cops" video and try again. Seriously, did that help you in any way? Did that do anything for you at all? Unless you had a CHL, you had no duty to inform.

I told him where the gun was, tucked back into a thin compartment under the cup holder.

You really should learn your rights and exercise them.

Its 3am, dark, and THEY DIDN'T SEE IT WHEN THEY CLEARED THE VEHICLE.

Irrelevant. You were traveling and they shouldn't have been searching the vehicle, period. You should beat the charge. That won't fix the larger issue of you saying things you shouldn't in police encounters.

I have now learned (through $1000 bail and 12 hours in jail) that its probably better to let them find the gun next time.

No, the lesson is shut your mouth and ask for a lawyer.

Oh, and to top it off, they towed my vehicle from the front of my house.

Yeah, that's an illegal seizure too. Miranda v City of Cornelius

http://www.metnews.com/articles/2005/mira111805.htm

Anyways, I'm a college kid working full time and can't afford a laywer.

Geez, already making excuses and playing the victim role...sheesh. Do they have a law department at your college? I presume that college requires reading and writing skills, so you should be able to take the case pro-se yourself. Some lawyers might take the case on contingency as well...of course that requires you to actually want to fight it.

Look at this guy segura, he's not a weakling, he's fight back PRO SE in an appeals court, no less.

http://openjurist.org/9/f3d/1553/segura-v-block

Hopefully they drop the charges and I get on down the road...although I would like my $135 back from the city.

Don't take this the wrong way, but you are very, very weak and you can't go through life being weak and hoping that everything is going to be ok. It isn't going to be ok, unless you MAKE it ok, there is no cavalry coming to rescue you. Hope is not a strategy, it is a city in Arkansas. The good news is that being weak is a temporary condition, not a permanent affliction. I'm not trying to be mean, just trying to condition you for the real world. You've got to be a big boy now and take care of yourself.

The victims reported that the shooters were 3 hispanic males in a WHITE EXPEDITION.

All good things to explore at trial if you don't get scared.

We even had a conversation about guns because my Bushmaster case (empty thank GOD) was left in the back seat and they didnt take it.

You talk too much to the wrong people. Have you figured out yet that the cops aren't your friends or do you need to spend more quality time in jail?

Seriously, you are going to sue them, right?

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Thanks for the references. Check out the edit I added. I'm getting an education and exploring my options. I've got more teeth than you can see, even when I'm smiling.

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+1 to everything from codename_47. If you wouldn't had told the cops about the gun then if they found it you could suppress it via Arizona v. Gant. If you ever are handcuffed by the cops, don't say a thing other than you want to talk to a lawyer.

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If you wouldn't had told the cops about the gun then if they found it you could suppress it via Arizona v. Gant.

I think it is largely a non-issue given the multitude of constitutional violations. He was traveling with a gun, perfectly legal in Tx. You can't be arrested for that, so there isn't really a need to suppress.

The only other thing I'd recommend is getting a voice recorder/video camera either installed in your vehicle ala brent Darrow or something you can conceal on your body.

To the OP, you should look at a 1983 suit as part of your defense strategy. I'm just thinking here as well, was the initial stop legal? It will depend on this "shooting" and the info they had available, but it is looking less and less credible on the legitimacy of the initial stop.

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You might want to post this over on the Texas CHL Forum as well. http://www.texaschlforum.com.

They are very knowledgeable on current CHL laws and the MPA(Motorist Protection Act). I also believe there are several members that are local to the Corpus area that can assist in giving you ideas on dealing with the city.



Good luck,

Patrick

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the cops arrested you unlawfully. you have all the makings of a lawsuit.

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botheyesonyou wrote:

On Saturday, two weeks ago, I was arrested in Corpus Christi for having a pistol in my vehicle. . . .

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It would be helpful if you posted a simple clear concise but short account.

What are the exact charges against you?

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unlawful carrying of weapon is my guess

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UCW would be the only possible charge, but it clearly doesn't apply.

Sec.46.02.UNLAWFUL CARRYING WEAPONS. (a)A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1)on the person's own premises or premises under the person's control; or

(2)inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.

(a-1)A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1)the handgun is in plain view; or


The handgun in this case was clearly not "in plain view", therefore the charge does not apply.

BTW, as of September 1, there is no longer any penalty for a CHL failing to notify.

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How in the world does one carry a club recklessly?

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Citizen wrote:

How in the world does one carry a club recklessly?

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Could you then charge people playing"Pinata", (where you wear a blindfold and swing a club at a paper mache llama)? The weapons laws in Texas are notoriously ill enforced. Years ago you had a defense when "traveling", but then DA's could still abuse it and say traveling under a certain milage didn't count. There's just some places in TX where it's just better to drive around. Williamson Co would be just one of those. Not sure about Corpus though, I heard it wasn't that bad.

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The area of Corpus that you are in and the specific LEO that you encounter play a GIANT role in how you are treated in Corpus... I lived in Corpus for quite a while and while there had the occasion to 'encounter' many of the LEOs there. Most of them are decent folks and, not unlike the PD in any other place, not overly well informed of ALL the laws that they are there to enforce... I may be able to direct you towards an attorney that may be able (willing) to assist you. PM me for more info (and with more info) if you would like.
Good Luck!

PS: Like has been mentioned already, learn your rights, and exercise them!
and be POLITE! FIRM, but polite!

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I've started doing research. Is anyone familiar with any case to which darkness was considered a defense to plain view? This is a grey area and I need concrete.

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botheyesonyou wrote:

I've started doing research. Is anyone familiar with any case to which darkness was considered a defense to plain view? This is a grey area and I need concrete.

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I don't see why this is relevant - the handgun was concealed from ordinary observation - so much so that the officers could not find your gun.

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Mike wrote:

botheyesonyou wrote:

I've started doing research. Is anyone familiar with any case to which darkness was considered a defense to plain view? This is a grey area and I need concrete.

Click to expand...

I don't see why this is relevant - the handgun was concealed from ordinary observation - so much so that the officers could not find your gun.

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But how is "ordinary observation" defined? I've asked this before in various forums, and nobody has given a definition. Here are the possible answers:

0) Standing upright by the side of the car

1) Bending over with face pressed to glass

2) Head/shoulders partially or fully inside vehicle?

I plan on mounting a pistol on the left side of my center console low and close to the floor, hidden from "normal observation" by me ( more specifcially, my right knee) when I'm seated in the vehicle. A reasonable person would assume that I would store the pistol in a closed container, or that I would place the pistol in a holster on my person when not in the vehicle.

Assuming I'm otherwise following the statutes that dictate the carrying of a gun in my car, and if I have a CHL, would a given LEO be okay with this? I've encountered more than my share of LEOs that exercise what I call "convenient interpretation" of the law, and based on several discussions I've had with LEOs (both friends and guys I don't know), they seem to be pretty proud of their ability to bend themselves around the intent of the laws they're paid to enforce.

Of course, if the pistol is in a closed container, these questions do not apply.

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jsimmons wrote:

Mike wrote:

botheyesonyou wrote:

I've started doing research. Is anyone familiar with any case to which darkness was considered a defense to plain view? This is a grey area and I need concrete.

Click to expand...

I don't see why this is relevant - the handgun was concealed from ordinary observation - so much so that the officers could not find your gun.

Click to expand...

But how is "ordinary observation" defined? I've asked this before in various forums, and nobody has given a definition.

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"Concealed from ordinary observation" is the term used in GC 411, for a CHL. The term used in the Motorist Protection Act is "not in plain view".

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keep it on the seat next to you under a cap or towel or jacket...you get the point.thats what i do.easy to grab when needed and still within the law.the thing is,if the officer asks you to exit the vehical,and sees your gun.your going to jail if you mount it the way you described.under a towel or such your good to go.my wife is a supervisor at the kingsville pd and my bro inlaws are leos in houston.everyone ive talked to even the dps officers that have pulled me over have confirmed that this is well with in the law.

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mustangkiller wrote:

keep it on the seat next to you under a cap or towel or jacket...you get the point.thats what i do.easy to grab when needed and still within the law.

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The only way I can envision needing quick access while driving, is after I've done considerable evasive maneuvering. You know, the kind of turning and braking that is going to send an unsecured gun flying off the seat and out of reach.

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KBCraig wrote:

mustangkiller wrote:

keep it on the seat next to you under a cap or towel or jacket...you get the point.thats what i do.easy to grab when needed and still within the law.

Click to expand...

The only way I can envision needing quick access while driving, is after I've done considerable evasive maneuvering. You know, the kind of turning and braking that is going to send an unsecured gun flying off the seat and out of reach.

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Or,if your sitting in traffic and a BG thinks he needs your car more than you do.

Also,if you are in a situation like you described,why wouldn't you have already grabbed your weapon and placed it in your lap just incase you can't ditch the BG?