Judge Finds No Probable Cause to Search 17-Year-Old Carrying Pistol

AmmoLand ^ | March 12, 2025 | Dean Weingarten

[marktwain]

On February 5, 2025, an officer responded to a “suspicious person with a weapon” call near a Jack-in-the-Box located on the 5900 block of Gulf Freeway. The video does not say what department the officer was with. The address is in downtown Houston, so the officer is probably from the Houston Police Department. The officer noticed a young man and started questioning him. The young man stated he had been inside the Jack-in-the-Box watching his brothers sell “waters” outside. A man, with a knife in hand, had rushed at his brothers. The young man said he had pulled out a pistol, then moved between his brothers and the man and told his brothers to run.

The officer searched the young man and found a loaded Glock 19. The young man said he had purchased the pistol from a friend for $150. The young man told the officer he was 17 years old. The officer arrested the 17-year-old for criminal possession of a handgun.

This is the information brought to the court in the initial hearing before Judge David Fleisher, an elected Harris County Criminal Court Judge. Houston, Texas, occupies much of Harris County. Judge Fleisher has gained a reputation across the nation for including a hearing on probable cause with the initial court appearance.

Judge Fleisher’s response is interesting. The judge says, “He [the young man] is going to the defense of others.”

At this point, a lawyer in the back of the courtroom stands up and rushes to defend the young man. Judge Fleisher and the lawyer tend to talk over each other, but the lawyer lays out several documents. The documents are a memo from the Texas Department of Public Safety (DPS), saying possession under the age of 21 is not a crime, the United States Court of Appeals

[marktwain]

No probable cause existed for the officer to search the 17 year old without a warrant.

If he had been 18 years old, there would not have been any probable cause because carrying a concealed firearm in Texas is not a crime for those over 18 years old.

[marktwain]

Hearing before Judge Fleischer on Youtube.

https://mail.google.com/mail/u/0/#chat/dm/ssaHPcAAAAE/6mJt6tduIEw

[FlingWingFlyer]

Why are the standards to be a “judge” so damn low in this country? America is losing all its fries guys and stoplight windshield washer guys.

[Delta 21]

Glock 19 for $150.00. Thats about right.

[No name given]

Sadly.

[logi_cal869]

“Waters”???

I must be out of touch. /s

[metmom]

We have too many idiot judges.

[marktwain]

$150 says to me, it was a stolen gun.

Probably not reported as stolen, or he could have been prosecuted for receiving stolen property.

Nice to see some proper pro-Second Amendment attitudes in a Houston courtroom, though.

[marktwain]

Why are the standards to be a “judge” so damn low in this country? America is losing all its fries guys and stoplight windshield washer guys.

---

Judge Fleischman was first appointed, then elected in a pretty tight race in Houston.

He is a very popular judge.

[Bob434]

[[The young man stated he had been inside the Jack-in-the-Box watching his brothers sell “waters” outside]]

They sold Jesse?

[SaveFerris]

[$150 says to me, it was a stolen gun.]

yeah

[Flash Bazbeaux]

Rick: I came to Casablanca for the waters.

Captain Renault: The waters? What waters? We’re in the desert.

Rick: I was misinformed.

I’m assuming he means “bottles of water.”

[nagant]

Okay, the law says that an item is not contraband when possessed by a certain class of people. The accused person is not part of that class of people.

What law says the item is contraband when possessed by the accused person’s class of people?

There is none. In fact, the Constitution, the highest law, says that possession of the item is never illegal for peaceful people. There is no evidence that the defendant is not a peaceful person, and his peacefulness does not seem to be in question.

[EQAndyBuzz]

“ If he had been 18 years old, there would not have been any probable cause because carrying a concealed firearm in Texas is not a crime for those over 18 years old.”

Does the youth have a CCP? Is the gun registered to him?

[marktwain]

No CCP, not allowed for a 17 year old. Texas has constitutional carry. No Concealed Carry Permit required for most situations.

Guns are not registered to people in Texas. There are only a few states where gun registration is required.

[Deaf Smith]

>>Is the gun registered to him?

This is Texas.

[bunkerhill7]

A brig over troubled waters

[EQAndyBuzz]

“ >>Is the gun registered to him?
This is Texas.”

Ah, so he has his license for concealed carry?

[billakay]

Maybe I’m missing your point but this seems like a good decision.

[redfreedom]

“Glock 19 for $150.00. Thats about right.”

I bought one new, a Gen 5. Of the handguns I own, it’s the most disappointing piece of junk ever. I’d say a Glock 19 is not even worth $150. That 17 yo kid got screwed when he paid that much for it.