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I live in Texas and work for an employer who knows that I…

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I live in Texas and...
I live in Texas and work for an employer who knows that I have a CHL, doesn't post 30.06 "No gun" signs, and has told me personally, that he doesn't mind if I carry concealed. We were undergoing a DPS audit for our trucks; the auditor, who is not a state trooper or police officer was reviewing our papers when state troopers arrived. They noticed I was carrying concealed and they ordered me to step outside, upon stepping outside they told me to remove my firearm and hand it over. I complied, but are they within their rights to do such a thing? I am not a criminal, I wasn't committing a crime, I wasn't trying to show anyone I had a firearm, I didn't even get up from my desk when they walked in, so I am a little confused as to how they even knew I was carrying. Can a state trooper com in to your place of business and order you to disarm with no provocation or probable reasoning to do so?
Submitted: 4 months ago.Category: Criminal Law
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1/3/2018
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,431
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Yes, for officer safety, they may secure any firearms on premises when conducting an inspection. Even if you were not trying to show your firearm, the fact they spotted it allows law enforcement the right to secure the weapon for their safety until they are done with their business. The trooper does not require provocation, they can secure it under officer safety grounds until they are done with their investigation.

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Customer reply replied 4 months ago
Exactly what rights do I have? They can lie to me as you stated in a previous answered question and force me to sign a document I haven't read under threat of jail and fines, I have to disarm when they are fully armed and wearing flak vests, they do not have to be polite or cooperative with me, and can generally treat myself and other persons here as a second class citizen and common criminal. I am quite frankly tired of getting harassed, but there doesn't seem to be anything I can do, since they are within their rights to do everything I mentioned. How, do you suggest we should we proceed when they come back?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply. I just also noticed that you became a member, but have not been leaving positive feedback for experts who assist you. Please do not forget to leave that positive feedback, as the experts are not site employees and that is the only way they get credit for the time spent with you providing information.

You have a right to carry your weapon anywhere that is not prohibited, that is what right Texas law gives you. Texas also allows for safety of their law enforcement officers that their officers can hold onto weapons when dealing with anyone who is a concealed permit holder and is carrying.

Just because they have flack vests on does not mean allowing you or anyone else on the premises during the investigation to have a loaded gun is safe for the officers. It sounds, as previously mentioned, like DPS has it in for your company owner and you are caught in the middle, but legally if the officer wants to protect themselves and does not want someone running around or sitting around with a loaded gun while they do their investigation, they have a right to secure that weapon.

I am quite sure you do not think of yourself as a threat to the officer's safety and you likely are not such a threat, but the officer does not know what you are or are not, so holding onto your weapon and any other weapons found gives them safety.

I suggest that you file your complaint against the troopers as previously mentioned in the other question and pursue the professionalism and harassment complaint against them for their excessive behavior towards your employer.

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Customer reply replied 4 months ago
As you mentioned previously "...US Supreme Court has said clearly it is not illegal for them to lie to citizens..." Could you please cite this case or precedent for me?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

Frazier v. Cupp, 394 U.S. 731 (1969) was the US Supreme Court case that has yet to be over turned saying that the police can use deceptive tactics when dealing with suspects and defendants. So, that is the case that holds police can lie to people during their investigation.

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Customer reply replied 4 months ago
Thanks, ***** ***** question on the subject. When they came back this most recent time, I politely asked for their supervisor's number if I had any questions or needed to file a complaint, unfortunately I mentioned that there are security cameras we can always look back at to see anyone's misconduct. At this point one of the troopers they ordered me to turn off the security cameras for the office, I complied and am assuming it is, but hoping it's not legal ?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

You do not need their supervisor's name, you can contact their Internal Affairs Division and simply file a complaint with their Internal Affairs Division against their officers. You can provide IAD with the video of the conduct you are complaining about and have them investigate the officer's conduct.

The troopers could ask you to turn them off, but you did not have to turn them off. They could not force you to turn off the cameras and if they forcibly turned off the cameras you could sue them for doing so for any damages and for interfering with your rights to privacy.

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Customer reply replied 4 months ago
How can I be sure what I am supposed to do/have the right to do, when they can lie to me and threaten me? Or do I just have to comply and file a complaint retroactively in regards ***** ***** abuse of power?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago

Thank you for your reply.

You retroactively pursue complaints in those situations. Arguing with the police on the scene is not how to handle those matters. You need to comply at the time and then after the fact make your complaints or file your suit for harassment if need be.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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