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Old 03-29-2017, 10:05 PM
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T2C T2C is offline
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I listened to the entire interview. Mr. Craig mentioned "escalating" the stop a few times and the advice he gave would not prevent the stop from being escalated, it would cause escalation.

I can't speak about Texas law, I didn't work in Texas. In my home state and adjoining states you are required to provide proof of motor vehicle insurance and a valid driver's license in the event you are stopped. A person who is stopped for speeding is the subject of a "non-custodial arrest."

If you don't want to answer questions, don't. There is no requirement for an officer to read a person the Miranda Warning on a traffic stop unless the context of the stop progresses beyond a traffic or business violation. Produce the required documents and tell the officer you respectfully decline to answer questions about the traffic offense. I've quoted people in court who stated "I would rather not say" and I never took it personally.

Having a lower IQ being a prerequisite to be hired as a police officer made me chuckle. I am not sure where he thought he heard that information. I've questioned my own intelligence when I was standing up to my behind in snow in freezing weather or worked a double shift on Christmas or my wedding anniversary.

A well trained police officer knows within the first few seconds of contact with a motorist whether or not the stop may turn into a custodial arrest based on a person's actions or mannerism's. If a person holds a valid CCW permit, a firearm in the vehicle is a non-issue unless the motorist "escalates" the traffic stop.

A lot of people carry firearms for personal protection, that's the way it has been since long before concealed carry legislation was passed in many jurisdictions. I've discussed carrying a firearm with a motorist on a traffic stop. Comments I've made are "Keep it holstered, I don't need to see it." or "Well, if it wasn't loaded, it would not do you much good would it?" or "You ought to have your husband clean and oil this thing. He should wash and wax the car while he is at it."

I can appreciate people wanting others to respect their privacy and LE to respect their rights under the laws of Search and Seizure and common sense, but Mr. Craig is off base.

One traffic stop came to mind when I read the first part of the thread and listened to Mr. Craig's interview. The motorist was stopped for speeding and followed some of Mr. Craig's recommendations. He also told me he had a "Constitutional right to speed". To make a long story short the motorist requested a jury trial and the jury came back with a guilty verdict in a matter of a few minutes. This occurred in an area where people are very independent minded.

I like seeing this sort of thing discussed, it needs to be openly discussed when people read or hear something that may or may not be good advice pertaining to contact with the police.
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Last edited by T2C; 03-29-2017 at 10:17 PM.
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