If you’ve been hauled to the station, you’ve been arrested. The only time that I’m aware that you can be detained without arrest for 24 hours is for mental health issues.
Here’s a good article on detention, such as a Terry Stop.
When the cop got there, he wasn’t carrying. The gun was legally in his truck.
The cop assumed he was carrying because the woman said so.
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“Formally arrested”. You aren’t formally arrested until you’re told you’re under arrest and read your rights.
Arguably you are arrested if you are taken into custody and moved from the original location but you still don’t have to be formally arrested and charged for up to 72 hours.
And one more time.
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.
https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.2031
No arrest is required.
A complaint was made, you admitted to the officer you had been carrying which is a felony unless you have an LTC. The onus was on you at that point to provide your LTC to show that you had been carrying lawfully.
He made a judgement call and you were lucky.
Which again doesn’t matter. The complaint had been made and he admitted he was carrying.
Jesus, you’re like a Libtard humping Trumps leg over Russia collusion. There’s no offense. Read the story again. I never ONCE admitted to him that I was carrying a firearm. I showed him my CHL at the end, again just to make him feel better but I never once admitted to carrying. I never said I didn’t either. I admitted I was carrying to others but not once to the cop and when he detained me, I wasn’t carrying.
You can repeat the lucky bullshit all you want but the cop was educated enough to know he had no reason to arrest me or even extend the detention. I’ll just assume the guy getting paid to do the job is more up to speed than you on the law and I guarantee you with his initial attitude, he would have put me in cuffs had he thought he could get away with it. At the end of the day, knowing the law and your rights is extremely important. I’d recommend you seriously go have a read on some of the things I’ve presented because you’re just flat out WRONG. There was no luck involved, I broke no laws and he had no basis for arrest. PERIOD. I’m not required to prove my innocence, he’s required to present RAS of a crime (and NO, a fucking phone call isn’t RAS) to arrest me. I talked with him for quite a while after the incident and I promise you he knew what he was doing and was well aware of the line.
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Never admitted to the cop that I was carrying. I only showed him the CHL when everything died down and he was being cool and that was just to prove the point that I DID have a CHL.
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According to your own narrative you in fact did.
So I turned back and said "Ok, let’s take it down a notch because you’re not going to arrest me without an offense and come out the other side without a law suit and we both know that… so exactly WHAT are you trying to achieve here because I can assure you with your attitude and attempt at intimidation, I will NOT cooperate with you at all. He lowered his town and said “Well, the lady here says you had a gun inside. I need your CHL”… I said “Well, I’m not required to show it unless you demand ID for a lawful arrest per 38.02 and I broke no laws so kindly inform her (she was watching) that she doesn’t get to call the cops for lawful activity and next time I’ll take it to the administration to ensure she is educated on the law regarding firearms.”…
At that moment had he chosen to he could have arrested you for unlawful carry since you refused to provide your LTC.
Yes, you got lucky.
You’re beating a dead horse. You lost a point, yet you cannot move on.
The cop had no reason to ask for a carry permit without KNOWING that he was CARRYING AT THE TIME.
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And you remain wrong. A crime was reported, the only defense to the reported crime would be producing an LTC.
It is a felony to carry on a college campus unless you are licensed.
The officer shines his flashlight in Patrick’s face and says “Hey fella, give me your name and ID.” Patrick, knowing that because he is a passenger he does not have to give his name, says “Sure, my name is Larry the Liar.”
If Patrick had just refused to give his name, he would have been completely within his rights. But, by giving a false name, Patrick has just broken the law! It is a Class B misdemeanor in Texas to intentionally give a false or fictitious name to a peace officer if you are 1) under arrest; 2) being detained; or 3) the peace officer has good cause to believe you are a witness to a crime.
What about if Patrick has a License to Carry, and is carrying his handgun? Now, Patrick must ID himself to the officer and provide his License to Carry because he is exercising his “privilege” to carry!
In summary, you do not have to show your ID unless you’re under arrest. The exception is if you’re engaged in a “privilege,” be prepared to show your ID to a peace officer or magistrate if asked. Regardless as to whether you have to show your license or not, remember that it’s always a good idea to be truthful with peace officers if you want to avoid any legal troubles!
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As I said above, lawful carry is a heavily regulated activity just like driving. If you are lawfully detained (which was the case here) and particularly when a crime is reported (carrying on a college campus) you are required under law to produce the LTC and a failure to do so can see you charged with UC and likely find yourself charged and convicted of obstruction as a result of refusing to produce it.
You could beat the first charge by providing it later, but you would not beat the second.
From your link:
What part of HE WAS NOT ACTUALLY CARRYING THAT GUN did you miss?
He was carrying it when the call went out to police and admitted it to the investigating officer.
Carrying a gun on a college campus without a license is a felony.
What part of that do you not understand?
If he was not carrying his LTC it was unlawful carry. Failing to provide when demanded was obstruction.
What part of that do you fail to understand?
He’s already said he didn’t admit carrying to the officer. If you claim he did, please point to the post in which he did so.
I already did. Instead of arguing just to be an ass you might try reading what’s already been posted.
No sir. You do NOT lose rights because you exercise another right. Having a CHL doesn’t change the ID laws. I proved it and yet here we are, you’re still humping the leg. Be really careful who you listen to, read the damn law. . . for instance:
Generally, only when you have been placed under arrest. However, we should note that certain activities in Texas are considered “privileges,” not “rights,” under Texas law. When you’re engaged in one of these “privileges,” you lose the ability to refuse to ID yourself
That is just idiotic. 38.02 does cease to exist because you’re driving. The police CANNOT, I REPEAT CANNOT force you to ID UNLESS you’ve been lawfully arrested in the state of Texas. PERIOD. When you’ve been pulled over for speeding, you’ve been lawfully arrested. Wanna know how to know? What happens if you refuse to sign the ticket promising to appear in court? They’ll haul your ass in front of the judge and tow your car.
The absolute STUPIDITY on this subject is a pet peeve of mine. Know your rights. Assert them. Don’t let these morons tell you that the 4th Amendment is a privilege no matter WHAT lies these guys tell. Again, you’re just ignorant of Texas law. Obstruction doesn’t cover not showing ID. It covers trying to impede an investigation against another person or yourself and there’s a specific statute for failure to ID. It’s called 38.02 and it’s NOT obstruction.
Where did I admit to carrying? You posted what I said and it takes an ASSUMPTION on his part to come to that conclusion.
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By the way, they got it 100% wrong as well. Don’t trust these idiots, they’re trying to scare people into buying their damn insurance.
Let me repeat the actual LAW…
GC §411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.
They do NOT have the right to demand ID UNLESS you’ve been lawfully arrested and holding a CHL does NOT change that. There is no provision in the law that says 38.02 is now invalid and notice something else? There’s no PUNISHMENT for not showing your ID. Why the hell do you think that is? Maybe because it’s covered in 38.02? If you look up H.B. No. 2730, you’ll see that they DELETED THE PENALTY. That’s because it’s not a criminal offense not to show ID unless you’ve been lawfully arrested.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
© Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code , the actor may be prosecuted only under Section 106.07 .
We can hump this leg all day long but you’re still wrong.
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He’s been wrong before…but won’t ever admit to it.
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What I don’t get is why, if the woman reported to the cops that you were carrying a gun, that he did not immediately ask you if you were carrying? Had he asked, and followed it up your “no” with “were you?” (to which you would have said “yes.”) he could have legitimately asked to see your carry permit.
And once again you are wrong.
If you are operating an MV and are pulled over you must provide your ID when demanded.
When you are carrying in this state and an LEO demands you produce your LTC you must provide it on demand.
You were wrong from the start and remain so.
When you accepted your LTC you accepted the restrictions which come with it.
And you remain wrong .
Carrying on campus is a felony unless you have a permit.
Carrying in a restricted area is a Class A misdemeanor unless you have a permit.
A crime was reported to the police and you were the named suspect as you admitted in your own initial statement.
You aren’t “educating” anyone as to their rights, you misinforming them and putting anyone who follows your advice in serious legal jeopardy.