Aug 10, 2014|
Automatically Generated Transcript (may not be 100% accurate)
Time for -- pocket and your husband Michael Cargill brought to you by Texas colosio's. Over the last decade Michael is champion and supported the rights of law abiding Texans don't own and use firearms. He is the owner of central Texas gun -- A veteran of the united states army and has achieved national exposure in such prestigious media outlets. Such as Forbes magazine Fox Business news CNN money AOL and BBC world news Huffington Post and the New York Times. Cargill vigorously defend -- lawful gun ownership in this country without regard to party politics here. You can join the conversation by calling 51239. -- thirteen seventies and now here's Michael Cargill. Happy Sunday and let's praise the lord and pass the ammunition it's -- topic today -- before the minute. My question for you you cellphone searches finally the fourth. You blood draws finally the fourth and the Fifth Amendment. So call us at 51239013. Seventy our guest for today's Edwin Walker from -- little shield. It wouldn't walk in the coming talking. Hello Michael as always it's great to be here. It's great the your voice search. And also we have a special guest chief are also beta from the Austin police department chief welcomed the -- -- Hey mark great talking are you -- there. Outstanding sir and then my cohost David and -- is also in the studio and also Michael those Justin to launch the third is also in the studio. And let's get right into it. Chief can you explain how we DW I stopped goes on the night of the no refusal or Nancy CHO holder with a gun in the vehicle. And also a -- CH older with a gun vehicle so how do you guys like. Handled it stops. Well you know -- -- -- -- usual weekend what we do is how we conduct the stops a Kenosha stop. A little CHL all burdened. -- verify themselves while usually. I have them keep -- -- in the vehicle -- keeping. Or -- optional on the -- appreciate pediatricians have been drinking. What should conduct the our investigation determines -- -- -- -- or alcohol. And or drug they get placed under arrest or read the yeah admonishment. Proficient implied consent. And -- -- folks declined to. Provide a sample bills eventually pressured warrant. What that would cork. OK so this is like an automatic thing in the search wants automatic process on the no refusal weekends. Almost futile because it's -- it's something that I think -- -- I don't know they usually can change somebody's injured through different amateur but some of these injured repeat offender at a young child the car -- which extra twenty well. So -- to draw their blood you're gonna automatically you know they refuse CM refused to do any type of test whatsoever. And you suspect you DWY. And then. That means -- no refusal weekend and you're gonna get a warrant and drama blood. -- -- Now do you think their blood draws without the person's consent violate the Fourth Amendment. Well I mean there's no matter what I think it's with the court's -- with a -- isn't. Obviously the senate for Google all the country. Amused that the court so little -- and -- PW I think they've blood draw us constitution has lost my outside. Because of the accidents people. Created by the the negotiation we're -- -- beauty of -- take distillation. Of the evidence. You can actually in the past and and certain certain shows you that you took the world. Without. Church -- we actually did the church fortunate to be institutionalized. And another world over Obama's -- Okay well do you think it violates the fifth. Because you know using a person's bodily fluids to testify against themselves is a violation of Fifth Amendment. You know the First Amendment my understanding how -- over commissioner -- the rumors about speech which about interrogations about interviews just learn about. Forensic evidence. Not gonna bring an end when walker from Texas law shall and one what are your thoughts about that. Well I have everything to change that it is legally correct. I think there -- people that we we need to look past the cycle around legally correct and bring about whether or not philosophically correct. -- is correct -- -- had been blown call that courts have upheld and I think constitutional. Up until last year the Supreme Court in any case called Missouri -- in the legally. Well the first time -- actually rolled out. This sort of way of allowing all of this is hyper obviously law enforcement. It would really really challenge you want. Blood draw I would individual. And grabbed Supreme Court aren't cheering she should. They would not give a personal way. Action treaty or commitment for his war was -- draw. Based solely on the Iraq War alcohol dissipates in the world premiere quarterback -- about itself -- -- action in circumstances necessitate from liberal. Even though most recently he and Antonio Court of Appeals here in taxes. Just last week contract on the -- on this yeah. Issued -- -- 08% legal reason to believe that there's virtually -- we're going to shuttle grabs. So that the won't be implied consent law itself. I'm not provide an exception. Either. And so that's gone patient obviously we'll work between the Court of Appeals. But I like it revolution with -- beautiful picture of things he's going to go back and look at the historical. Significant to the Fourth Amendment. You know probably four outraged over British soldiers from being defeat -- and turning -- over their boxes and barrels to determine if they had smuggled it. Now police who are important and can you imagine what the thumb injury actually being displayed at eight. It's all -- is to basically committed aggravated assault on an individual. Purpose of the collective yeah I mean you know the opportunity and this. I don't outrage. From all in the courts however have legislatures in the port -- to -- -- and so it is permissible. -- -- -- -- -- -- -- -- -- -- It was the current witness you cannot bear witness in yourself and -- have always been in acknowledge to defense tomorrow. However the actual. Or threatened nobody should be compared to -- evidence to themselves. Actually used the word evidence which I believe -- -- follow me and fortunately the court. Now we're gonna go with the overview with the federal definition and honorable offenses look bright for Asian. -- doesn't apply to all evidence it only applies to testimony. Good lord and Troy is likely to be in the -- dictatorship fingerprints photographs. So that -- there's definitely some room for this to be challenged in the courts. Yes it's going to be very very intriguing participant on the San Antonio or feel for how he says that's portions of the well not specifically including flights until -- achieve unconstitutional. It's always thought the space needs to -- more attention Austin he's. Look -- just the argument well overcome alcohol it was going to -- -- -- we have community we have to do a lot less left. Okay right in Enid and we're on with police chief also little from us and for his -- and this is David. I got a question for issues in new cell phone from. Proposal that the City Council has with no access on phones at all whether it be an app for GPS texting calling. If the phones and and that's illegal now. How old. Are you going to be able to force that long without breaking the Fourth Amendment. And going in and and surgeons there person's phone to Stewart they were doing at that time. Thought he connected to see what people are pretty good shape for a people's -- to grant it and -- -- a lot of cases when you look at it and you can see people to actually very clearly show went up Fisher house. A clear view of the violation -- it Porsche and actually ended -- And they won't mean the pantry law exists and are a few states never had any. Problems. And fortunate and the war. -- have -- arms shall challenges to. All of the actual enforcement confidential. It's it's clear violation notion that the stop. I mean it -- looked on the freeway you sheep people all the time we'll look they're drunk critter we don't know what the road. If you're cheerfully get besides him of course we can see and they. Compartment to the folks text and so I thought I would think would make a lot easier to enforce. I don't know cancel. Eight actually audition -- it easier. Until that day it's Obama -- it will hit a lot of folks. Don't -- -- nanny state but I also don't believe and we have enough in the hospital and more because younger woman can't wait. Gentler the -- -- global. -- -- visual here in these precious. Crested around the country that. Texting while driving in an attempt tarnished. As being you know or did you eat drink driving and English edition -- Okay but that's gonna apply to the GPS insight you can even put up on your your front windshield that's gonna play the annual mobile device right. Well I think you've got that GPS -- you've got it's an incompletion to be on. Who's not currently popular the socially -- dementia -- my wife and our C talking today about. About technology and you know a lot of GPS is like -- in my own vehicle you cannot. Try that program your definition. I hope while the vehicle's -- shall. Shall I was feeling that it's technology area existed that if it's. When do you wanted to. And manufacturing wanted to all -- enable it that you won't be attached anyway if you think that people's emotions. So I think that technology. At some point oh hopefully we'll keep the truck the bogey on the list and their enforcement won't be -- Right chief these things that people this will force people to actually put that cell phone. Down the come a little belief to steer -- can't call it looked down. Ultra Michael Michael rollout it would when they're not but there. But the bottom line is -- -- -- -- -- road you can shoot quite quite quite well below these cars show. You -- we'll see what happens pushing the council process. It's something that's important very fishy. A lot of in these initial. Definitely. -- -- -- -- Maybe you're trying to. Yeah I don't get out of a game we did not -- until now so Michael's mind and makes question for you chief is what about. And for the officers you know in their computers in their vehicles. You know are you gonna change of policy on you know the officers because you know we've. You heard about it a couple of instances there where officers have actually had accidents because they're looking at the computer. Out. -- that that is a big challenge for us what we're looking not right -- you know that fortunately sometimes there's so much greater traffic going on. Because we have -- shoring up their patrol he might have 11 emergency. That the updates coming on the computer so what we're looking for right now as the system who actually read. Audible updates of the opt for sure. Or computer Jenner boys -- Siri. We'll let them know what you got status of their -- off the roadway get -- look at computer itself how and our policy requires cost less -- Antigen or specific circumstances. To cannot be -- utilizing. These divisive -- they are dangerous. But even -- other trained. Hypothetically. Trained and experience in the multitasking -- -- -- in Norway -- -- -- -- the radio. Manipulated at the MDC. It's still dangerous mission is something that we discouraged and hopefully we'll technological gen technology I think is gonna help. Couples come up with a solution work it will make -- with a look at the computer actually tablet computer. Something without some obsolete. -- she -- a bit of this is just in the loss was come and take -- Texas. I've had some email correspondence with you before -- little ones -- India SXSW walk him. Well we -- demonstrations downtown. Good I want to pick your brain -- at about how are your your thought on some some gun issues. There. It's and wins Texas does give open carrying do you see any issues as far as like -- offers are being able to identify a good guy bad guy and and in issues like that -- Yeah I think that's always a concern you know we'll think about open interiors it. You know wonderful delicious you guys doing it's pitched pretty. It's pretty obvious what's going on and our treasure in -- pretty used to you. The challenge is going to be that more guns there. I hope there in the open immunity if you have a -- situation -- sharks -- You know there's already playing bloom bloom. Possible option each infantry were hot pictures. You're off duty component closed end up getting shot. And shot and two sons and entrenched and -- this was -- from blue -- blue. I want it kind of friendly fire them -- chip in and -- combat zone. I I think it would be challenging. Our World Series and I would hope that this actually work to consider open period is that we consider. Starting. And rural counties and Reuters. See -- work to see what can sort of any. The solution world our -- our neighbor knows neighbor. Law enforcement it is sometimes we're very far away at least fifty miles away. And so there's a greater need in an urban environment I think can be more challenges shall. -- open period so I'm sure that there'll be some legislation it's not like there is -- recession. I'm hopeful we'll start in rural rural -- to try to work on any -- before the commander urban environment. Well here in Texas we've got to preemption also whatever applies in the rural areas would obviously -- throw Texas. Mom and also I mean we've done. You know we've done hundreds of walks with thousands of Texans we've had zero incidents -- -- any of that data -- Properly -- and walked just pitched really. Pretty obvious what's going on. You know within a couple essentially let you know when you -- do what you -- on the order from what you're sort of -- Which inundated almost shot out of the official word so I just couldn't get through environment people being in a -- all the problems all year. We can approach this -- -- that probably -- and I call them challenging bit. Did this in a word -- department legal situation. And and the law and we've all phones past front legislature. And true but the courts really liked him thought we were rushed for a quarter with a little flaw in the fashion industry. Well I will say that we've always had a good relationship with your officers there's always been more than helpful and also a team ever ever at any point in time violated my rights or any of my. People walking with us from -- -- well always -- personal -- so I would say -- you're doing a good job on training -- -- not for sure. But it actually there's not going there and that would -- -- -- -- You can -- the -- hoped they can -- who was there. And then the chief that's David I've gotten in our union supporter. Open -- when if you are do you support constitutional. Care and so -- it can be unlicensed by anybody other than you know felons and stuff. Well you know I'm not I'm not there yet. Again it it was up to me. I would want to -- open carry law first passed in areas where. It's -- well you know what we're we're neighbors know neighbors. People who Wear these aren't really anywhere these proudly position in -- and forced from their Christian patrol officers the entire county. I NCE Gibson did their work before it moved into. Into an urban environments. Did you wind are open -- rejectionist demonstrates euros and a pretty good -- group. -- also configure very quickly what's going on I want to remember that active duty and New Hampshire -- that there were failures protections. But he AK forty show when -- you. And I was like don't foresee an unseen happened he just wrecked by either so I'm gonna go to -- One person died Tuesday on the radio and it's been ordered that no off Fisher Asian order unless you were. Clearly identifiable polish uniform. That they wanted to stay in the area because I was really worried about who will be. Apparently -- so I'm not there yet. Partially. You know and while we're asked by the legislature recognition of the start which you know that the counties where. Again. -- response is very delayed. You know he might have a -- Well comfort you most with Laura and these channels in these communities everybody knows everybody. And were truly. Not creates more problems that might create an urban environment and don't take there. -- If we appreciate that but that in and you know we always joke about this you know you don't whenever we see each other. I always say you know whenever it you know things hit the fans you know gonna take good care here. Are crucial doesn't know what -- -- -- all the one area that you -- this year a lot is but you know be up I really believe in and responsible gun ownership. Well I think -- you protect the Second Amendment but I do want what we can as a society as a government. To ensure that we keep schools in the hands of the law abiding Americans don't mind -- an -- matched. And -- out of answered a lot of people -- -- -- only lower. People are felons and I'm still not convinced that we're that we're duration which you and I am hopeful in the future if people that. Believe in gun ownership to believe in the Second Amendment. We're not worried about a slippery slope -- worry more about. -- those countries that belong to an answer for our neighbors chipped up our law opening. Better and it felt like the culture if you train they're actually proficient what's your handguns. And I understand. Under what circumstances they usually get involved and display them. -- and then in the state of Texas we actually did quite a good job of doing that you know with instilling a license program. And -- so Latino I wanna think I -- possibly do for an and visiting with us today thank you thank you very much appreciate it. I don't know. Who promised birdie on for just a few minutes that we enjoy the -- your Sunday. Have you been listening come in talking. We'll be right back after the. More coming socket is coming up right after these messages here on top thirteen seven. Back on the -- with my card feels good talking all things firearm. The conversation now by calling 51 C 39 and thirteen seventy now here's Michael Cargill. And now it's time for. GG is global good news. Global -- -- sponsored by GE DS enterprise tedious the largest supplier -- fifteen parts and accessories so for all of your air fifteen parts accessory needs. Don't two GDS. Enterprise located. At 321 west Ben White boulevard suite 20 -- in Austin, Texas right next door to central Texas gun works. In the news. James Brady the former Press Secretary for President Reagan died earlier this week. Interestingly in his death was ruled a homicide by the Virginia medical examiner. Specifically. The death was attributed to the bullet that struck Brady and hid when John Hinckley the attempted in assassination. On President Reagan. The bullet left -- partially paralyzed for the rest of his life. He died at the age of 73. The Brady campaign one of the major anti gun movement. In the US -- his name we may have not agreed with his politics but we respect his service. Meanwhile an ideally student is considering dropping out of Dartmouth -- Now because she's flunking out but because of the schools and small no gun policy. Taylor wore such a junior and our mouth is had a stock of for the last four years. Her hometown of San Diego allowed her to -- a carry term entered search stimulating circumstances. Now that are stalkers tall order all the way across the country. Dartmouth has refused to allow her the constitutional right to protect herself her -- currently is in jail for violating the restraining order that -- -- filed against them. -- -- might be a cradle of knowledge but the kid being no further in the wrong on notice and we fully support Norwich and her efforts. Over in Houston Texas. Houston fourth grader was suspended three days for bringing a -- -- to -- entail. The specific reason told his appearance was that he brought a totally. Eight toll that resembled a weapon. Ramsay MacDonald beyond the standard. Faced just three days suspension for following a show until assignment his parents would not notified in writing of his suspension. This story forces us to ask what. Point has our social stigma of guns gun from the silly to -- And furthermore. What are we teaching our kids with this stigma. We think this is irresponsible behavior on the part of the school administrators. And that it perpetrate ignorance in our -- Now we've reported many defensive gun uses over the course of the show but we've never reported in the entire family stepping up to defend your castle. The family who will remain anonymous shot and killed Mitchell large as large broke is an advanced into the Florida home. The father fighting warning shot over the door which did not deter large. What stopped him was -- shots from the mother and son killing large at the scene. The Cisco will stay home. Give him a lot of us now you know. Story that I would react. And I'm happy to do that I pay to see anybody about it because you're human -- We're glad that the family is safe and were relieved to know that they have the proper training and equipment to protect their castle. In Louisiana. Louisiana man protected his daughter's home this week with us -- 57 revolver. Then Sampson. The nineteen year old in custody for burglary and battery ripped out of window AC unit into the house. A relative there are going to be driving by to check on the property so that something was amiss into the moment confronted Simpson. Sampson -- receive the shotgun wound to the arm and fled. Only to be captured by law enforcement minutes later locals in the neighborhood say that thievery and burglaries frequent the area but the homeowners are beginning to wise and up and protect themselves with weapons if necessary. What does he did for. Well and if you're talking about the new women's support group out of Aurora Indiana. It is good for making women armed and ready for anything. Women farm and -- or war. Meet twice a month to discuss safety issues. Gun laws and practice safely handling and shooting their firearms. In short. They are the model how every -- citizen should approach gun education and gun -- some women joined to learn how to protect themselves others join as a response to loan term violent abuse so who opposes women's empowerment the anti gun lobby of Ohio. Who claims that getting guns for self protection. Just isn't working. And that it doesn't work anywhere. Clearly Paris show hasn't reached the Ohio anti gun move. That is your global good news report for August 10 2014. 10 you know hey guys cheap products video from Phil for joining us today don't come and talking but -- when asked a question for you okay let's get back TV. The cell phone use their cellphone searches. And the recent court case can you cannot explain that to us and how that came about. -- it will change about now because Herm obviously you know -- think it's very intriguing Fourth Amendment issue. Procedurally the way it came about obviously -- and cellphones or. A couple of decades now. Which. For information obviously small -- we have now scored -- the corporation mission however. There was actually a disagreement in the circuit. Sponsor record show that is okay to -- -- for the police -- cell phone I don't want another Circuit Court sure it would not battalion which I did. We've got to get a -- And so any time there's a disagreement with the burglary fundamental constitutional issue like this. Supreme Court have to take up the issue to review all -- have policy called conflict between circuit. Because we can't I'll believe that you cases you are grows out of California and Massachusetts. We -- -- all the folks of Massachusetts subject when standard in the books at California this subject but nobody standard. And so the Supreme Court has to intervene and take a -- to finally put him into the discussion. Of -- argued that the war. Now clearly. If you just look at an honest thanks. The triple the -- many reasons that the Supreme Court has created exceptions -- want requirement. Are eager for -- -- safety poor poorer to prevent the destruction of -- Now clearly. With regard to race so probably if it is in the custody of the police -- they're properly. There is no. You know mostly. Just thank the cellphone some sort of explosive device. There's no threat posters I can perform well. -- of -- is you know there may not be ready or destruction orientation either I don't know that there is some talk that you could. I want your home if you missed a monthly she can just simply activate it happened and why do a hard drive gleefully. That may be something that the technology moves may eventually went into action or something like that. So they're okay well. I guess you'll run that risk in the event that you think you might -- your question is whether or not it -- with the white you're white. Yeah yeah. I guess you know what case you know what situations have you seen this being used you know the police actually needing to search someone's cellphone. There are a lot of reasons of its most prevalent in drug cases column you know they find somebody enriched. Just to field -- whose hide that's what we've seen most of our protections would search warrants. -- Is that for fourth -- of the drug war itself. We're and basically. Created people who aren't you know huge exceptions for the Fourth Amendment that is virtually swallowed. The rule that says if you can't -- -- police cannot -- certain about a war. And drug war and go wow all of these warrantless searches. And so that's that's where -- simply to permanently doing it they were arrested -- and what I was the person with -- -- -- android they thought may have been enough for him -- trafficker. Are they look for -- photographs which he can put pictures of his associates. In the previous contacts removed from his recent calls. They -- fugitive and investigatory tool now. They'll still be able to go to a judge and say look we were civilians currently believe drug courier who were insurgents well. And how would interest you 99% of the time the magistrate solution award from questions -- I mean there. Just some sort it -- to be so crucially. Between media from the police officers in the market straight at. -- it's it's quite rare when a magistrate declines in science search warrant. Right so the most likely they're actually gonna go to and just rubber stamp his. And gives -- options what they want. Unfortunately in aid to large amount of circumstances -- -- to -- it goes. That's actually the way that all our criminal justice system has evolved upload them for a police culture. Okay now back over to the blood draw. Now as a CH holder you know I'm stopped by police and the police officer. Decides that you know I refuse you know any type of test whatsoever. And in an officer decides -- know they're going to detain me. Arrest me and do the blood draw in going to get a war -- to deal that. You don't think that you know by then taken my blows then that actually is you know they're using my body fluids against me. -- they actually testify against -- I mean you're not going to put you want. The only -- to get into the philosophical art you know discussion about in the equity. The probability of -- You know our previous story for another -- right thank you for courts like cheaper -- -- senate he factory bad rap. It's amendment writings -- incrimination. Well how responding. To apply himself information. Has been limited to trust -- well. And so whatever maybe you know how every move with caution may be used already in its chief. You know they premium funny enough on -- and argue currently. The usual in regards to hide your good and you don't -- for excellence is being used over graphical I. They've commandeered your photograph. During your image. -- -- -- -- -- -- -- He's been can be used. Or you or actual -- word. Unless she's making elections late July. -- Speaking this. I figured she. Oh yeah. -- included the primary weapon I look at one of the things that you know and I I. Do you get -- -- and beat everybody it is almost two decades now will it take it. He had a lot of things out of social media -- -- Is that why you why -- here because this is heard saying in part patients. Want isn't. The law has created objects that number two -- you talk -- little -- fiction or -- -- group of people obviously. Aren't aren't the main problem -- alcohol different nobody. Clearly a woman's body the problem while -- -- -- -- -- yet we use this thing under a -- Point 08. Grams of alcohol and there. -- -- We've got -- -- -- -- involvement autonomy if you are you going to get -- are striving. Then you shouldn't -- -- -- OK now let's talk about when when they don't go and get that warned you know maybe they don't do things the right way and they actually know. Just go insertion cell phone or they draw that blood from you without your permission and without getting a warrant. What should a person do in a case like that. Well in that case there were only remedy is faith will have to argue to court that whatever incriminating information was covered. Is not admissible in the trial and you. Is there there there are a lot of situations where I'll see people that are. Forget phone calls from people. Who have -- didn't put this situation and detained by police or arrested by police and charged with a particular crime. And you know they searched a cell phone didn't get a warrant peony clearly about violated the fourth and you know possibly the fifth amendment rights. And also you know did other things without giving awards in in -- we always you know -- people -- you know there's certain things they should do an end. -- certain ways to conduct themselves wind being stopped by police. And we're gonna talk about those we I was immediately answer that you know end and kind of guide us through that when we come back from the brink. -- nice job there and. More -- socket is coming up right after these -- yeah. Here on top thirteen seven she. To that talent. This stay into and find me. Welcome back to come across -- Michael Cargill and we're talking all things firearms. Enjoy the conversation now by calling 51639. And thirteen seventies and now here's Michael's car deal. There's not a weeks I've talked to -- keep awesome video from the Austin police department I'm asking Edwin Walker from Texas law she'll. You know how can CH -- holders and gun owners actually protect themselves especially from law enforcement officers who do not have the best intentions. Because there's you know there's certain things we need to do. To protect ourselves to peoples who did not have trouble so -- would how should we conduct ourselves. When we stopped by police you know if her -- their you know their intentions are not great. Coalition and bring it every journal or should remember and well first and foremost is -- practice -- -- of system around her feet of the artist. Kind of a treaty to compartmentalize. It -- -- complete ulcer is coffee because these. -- -- and -- -- begin an investigation have you for the beleaguered pop is urged on the value of he -- in -- yard field sobriety test. He will do everything on and off what I'm Ron pierce PH holder. If you restrict the review why do you were probably going to be charged with additional aren't. A leader unlawful Kerry. If you don't have a license you'll be charged for long -- of you open -- cool I think you're. I'm supposed to be engaged in me eternal -- if you got -- going or. Or obviously pierce teacher -- older they will -- -- wouldn't we it's scary you're smoking gun while intoxicated they wouldn't you think -- And it's. And what's what's the end was the charge for -- each holder being intoxicated. And. It is really not a aren't famous for -- and so was the charged Marie Libby -- of -- It also part of who regularly get caught in this class diesel as a seats are holding held so much higher standard. -- correctional facility you're just regular guys would have done that doesn't -- PH you know detect what was if you are coming your arms on this. Field you're not getting agreement and but I thought you know you can also -- -- committee fine. Police say how long you're putting ground that you are not able to show what went on Wall Street weapon charge you also -- -- And that's when those that's like the number one punishment for getting the seed -- so here if you're not CH older. And you have a gun in your vehicle and you get stopped by police Lance has had two units of porno wait. And you're gonna get you know -- all report only DWI which is going to be a class B misdemeanor. But a pharmacy H holder and I have done in my vehicle nonstop by police and officer determines that -- intoxicated. Not -- 7654321. There's no limits. Just the -- to terms that I'm intoxicated. Then that's a class C misdemeanor which is you know worse to give the DW -- one step below Philip. Well prepared but -- the pardon -- diplomats hope. Even my mental patient whose frustration goes it contains -- There -- actually read on which they can try to prove your dark. He didn't I don't know if you middle of the you don't normally see your physical -- or if you had a blood alcohol concentration with -- eight Graham's greater. And so about a plot he will either be signed into law hearing -- -- off during -- your mom -- Don't know if you change your underdog -- if you are hurt the fruit that you -- -- -- out it is. We will also be used to prove that you were Hillary won't talk. Focus so there are questions for the -- David. This island leaving downtown. Not going on search street not going to bars risk leaving downtown area and I have a -- -- three hours ago now I'm not out. Point 012. Or something something crazy low no good way way way way below the earlier limit. I have my CHL I have my gun and drive -- so they're not only drunken immortal show intoxicated at all but yet I go through one of these. The blood draw checkpoints know refusal checkpoints. If they don't mean to blow and I came out with a point no one to. I'm gonna go to jail. Then how would that happen Howard I have to handle. You know generally won't go to jail if you blow you blow under. Well okay. Even my message so. -- -- you're not intoxicated they would have to use. Because they would have to gather evidence that you have lost no use of your mental physical are. How did you how do you. But generally be idiotic Jason you run through. Of the -- -- -- -- -- So you can if you can pass that then. You have a pretty good shot of actually just being able to drive on home and with your gun and under control. Correct because -- platform if you do that you sobriety test and you go to quote not not keep in mind. It is very very very difficult for even sober person to. And since those -- available. The for with the terrorist group called move from one leg of the walk and -- look at -- Element they look -- And anyone of these elements and it occurred during any one of these and or shouldn't -- -- -- -- confusion yesterday. That's a characteristic. I happen in any one of these tweaks up. However. Only do. Didn't come true response out of this -- number of possible -- here perceive they beat Nebraska. They can determine that you it would fail that's evidence of your thoughts. So what would you recommend people do. Not. Well most of it was common knowledge or many many decades and a total refusal -- -- -- -- count. And it. You know everything healthy when Google Google is probably still the way to go. -- -- I'm -- people -- with -- no evidence to optional sympathy go to ensure that we probably. You don't fear if you refuse to work fast we could not what she could not give -- the old -- post treatment. Can force you drew breath out of control along with the blood draw a -- -- probably don't want -- or two things would agree because. I want you to know refusal. I don't even have -- but then you probably. Our blood alcohol and shoot them in the Maastricht rules and won't call war. If you do it over people. You're probably going to have one issue you probably don't have your blood drawn in the end. It's going to be up here truly get what comes back and -- higher concentration and you're right. Or something that they shouldn't. I do what was called retrograde extrapolation. -- it was over we do -- and we were griping. Is going to be up to your attorney fees and basically convince the jury that that blood alcohol. And not effective. Determine what -- -- its occupation was with the economy. -- also. -- your position you're looking. Okay and also I would I would recommend people you know if you go to drink leave the gun at home no especially you're CHO holder. And then that would you know prevent you know -- him in trouble as well it's not -- responses from. Also over you saw it on good bodies. You know it's kind of strange for a lot of people obviously I think a lot of people you can -- a lot of people I honestly believe that there is they do tolerant. I was gonna you're procuring you're still here and I'm -- you know anything -- You know I'm very and eat PP -- actively put out there and actively trying to -- mortgage brokers know there's different. You cannot drink one drink a drop and you feel and I'm -- -- good practical with bodies. A lot of times as it were the pros you know sometimes judicial theory willow and Graham. I'm not tied to -- -- gonna offer and at home whatever maybe. You depression chairman and if you don't lock box your trunk and -- -- -- kind of factual argument that you are modern production -- -- Because positioning your -- you control. It appears she HL holder your -- forgotten while intoxicated you're drunk in -- -- Palin trump. I would say that it would be impossible made it clear that you were in possession of -- children until they actually -- actual urge. You know in spite of whatever evidence they may have that you empower. What what if they you know if you're asked to get -- the vehicle and you lock your door. Know you have it -- box also and then you also lockyer doing your vehicle you know when you step out of the vehicle to better take as well. Blocking the door is great in the great. Actually -- and in theory that would prevent the police will be able group -- -- into your vehicle. And if indeed if you are different obviously ask you -- you -- that's the only way they can perform field sobriety test was asking you a vehicle. -- on a great -- eating a lot of people aren't just cool it was stopped or Spielberg you know congress for your car. -- -- Most police department struck its poor people trust him or call aren't constantly they played defense and -- -- -- and didn't come until April next on the vehicle -- roadway earth. And so are plummeting but for a repeat these. The benefit physically abused playing your vehicle is not at all. You know basically an opportunity. The he has a free shot if you will. Both visually search your heart you know and rubio in through the smell of the column. Due to -- -- on -- way if you stay you -- it because everything in your caller is subject -- you'll -- Which means that if he ultimately you'll ask you for something you can search warrant everything it was a little things have. Immediately factory -- -- -- -- -- out tomorrow based Canadian -- in salt content to your thoughts. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- I have a question that when this is just an let's say you don't have a CH EO and and you give -- over and you get a deal line four and you've got a rifle launch in your possession or in your car. What would happen of their rifles. Well the white people actually having a right to your car there's people criminal offense whatsoever. Because of affordable all the decision could happen during your -- off. Only apply you know we should never ever got here -- wanted to -- -- -- the only -- -- -- -- So true. They're gonna impounded the vehicle most likely for getting arrested. Prom so obviously I would assume they're gonna take possession of the farms here saying that after -- get out of jail I can just go back and and pick it up most likely. Yes you should absolutely be able to keep -- from -- no legal prohibition against in the -- You know you're talking it's clearly not over into the indoctrination. In total -- -- holding your logical it inventory of the hour. It is no great legally not different going to be and -- I would have. Confiscated your toolbox -- -- -- or whatever. -- look at that question a lot you know people ask wolf I'm going hunting. And I'm dying from headed down to my lease and I have nothing but rifles I don't have a handgun at all in Imus each holder. And I stop often have a cup dreams and I have my long guns are rifles you know in my vehicle comes stopped by police do you know. Am I going to be in trouble because of the -- holder was long guns and I told -- no because that that portion in the largest like he said. Only applies to the being intoxicated. That is correct and so you're done in the thinking it was felt. I feel unless you happen to be a leader in market underbrush and record I'll get -- I'm glad you interviewed -- the argument you. -- under the age he was your car leisure third DW YE. Were you had been involved in it in and actually what they are going to be charged with abduction and assault from talking manslaughter. And there's no legal prohibition if you if you. It's important part if you work under indictment for some big problems situation for me -- -- Pretty charged with a felony would be true but there's been there is only a provision that -- feel that. They would be able to claim that federal law prevents him from getting indicted individual -- built upon all firearms purchasing. -- thank you Edwin Walker from Texas law shall appreciate that now we cleared enough for everyone. Found the Fourth Amendment citizens' protection against unlawful search and seizure is one of our most important amendments. And one of the most hotly debated. We had come and talk it tend to focus on the Second Amendment Rights. But the second and Fourth Amendment are linked by very important cornerstone. Of the American legal system personal protection of self and property. A big issue today in -- the minute debate is whether or not law enforcement conserve cell phones without a warrant. A few weeks ago the US Supreme Court ruled no. And a phone cannot be search without a warrant. -- left open the possibility that demanding circumstances in the horizon which searching a phone with body warned would be acceptable. But it must be assessed on a case by case basis. Now of course there -- those who will say that criminal acts are often facilitated by the use of cell phones and this is true. But it does not mean that law enforcement can simply search the phone without legal permission from the court. The fact remains that in court to protect ourselves we have a right to privacy of information particularly from government agencies. The reason search warrants exists is still that law enforcement can follow legal due process to identify in arrest criminals for criminal activity. The one of search warrants is not to aid in the big criminals. To protect law abiding citizens from tyranny. And without the protection from unlawful search and seizure. How could we pursue life liberty and happiness as our forefathers intended and remember protect yourself. Make sure police have search warrants and finally. He married couples should be able to protect their marijuana plants -- guns. You didn't listen to come and talk it. With Michael Carter.