"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The common definition of Probable Cause is “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true”. According to Terry v. Ohio, a person can be stopped and briefly detained by an officer based on reasonable suspicion of involvement of a crime. According to Texas law PC 46.02, Long gun, and black powder weapon (including handgun) open carry is not forbidden by law, unless it is done in a manner "calculated to cause alarm." The officer stated that four people had called in a suspicious ARMED man walking down the streets of Houston, which was enough for an officer to be sent to investigate. What about illegal search? The Fourth Amendment only applies where there is an expected amount of privacy. Being out in the open and walking on the sidewalk doesn't count. This is known as the “Plain View Rule”. The officer didn't search him but he did see the cause of the disturbance (the loaded weapon) in plain view. When you are being legally detained, such as the man was, the officer may disarm you. You can say “I do not consent to surrendering my firearm to you, but I will not resist.” But if you chose to resist, I wouldn’t recommend it. You are right, Texas does not follow the “Stop and Identify” laws. You can walk down the street without an ID, and even refuse to show it to an officer if you so choose. The officer detained him “Until I see if you can legally walk down my streets with a gun to your hip” (starts at 1:47 through 1:56 of the video), not because of his refusal to show identification, even though it may have played a part. Sources: http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution http://www.knowmyrights.org/knowledgebase/faq/police-encounters/when-can-police-search http://en.wikipedia.org/wiki/Stop_and_identify_statutes#Detention http://en.wikipedia.org/wiki/Probable_cause http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm Look man, I support open carry and I support armed citizens. I just want to see people doing it in a legal and safe manor. If I am wrong on any of this, please feel free to correct me. I would love to be educated correctly.