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Posted: 8/20/2016 11:17:08 AM EDT
Personally, I would not assume LEO's know any details of Texas law ... ( reference the 51% post - perimeter beer ).
Recently an LTC holder in Dallas was arrested for wearing body armor. This is a Sergeant with DAL PD giving bad advice during the arrest... most notable comments begin at 3 minutes ( check volume up ). " Lawyers unfortunately rarely know the law, that's why it's called practicing, they are still practicing - Federal Law Trumps State Law " 
https://www.youtube.com/watch?v=h4hkwuIiqOU Texas Law Shield Legality of Body Armor https://www.texaslawshield.com/the-legality-of-body-armor/ Recently, a Texas Law Shield member was arrested for the possession of body armor. Ultimately, the member was released from custody and no charges were filed. One question we’ve received is: Am I legally allowed to have body armor? If you’re not a convicted felon, the answer is yes. Federal law Body armor is discussed in one place in the United States Code: 18 U.S.C. § 931. Section 931 contains only one prohibition on the purchase, ownership, or possession of body armor. The law states that anyone who has been convicted of a violent felony (or its state equivalent) cannot purchase, own, or possess body armor. The law then carves out an exception: If the defendant has written certification that it is necessary for the safe performance of lawful business activity and The use and possession of the defendant are limited to the business activity This means that if you are not a felon convicted of a violent crime (or if you are but fit into the exception), it is legal under the federal law to purchase, own, and possess body armor. State law What does Texas law say about body armor? Essentially, the same thing as federal law. The purchase, ownership, and possession of body armor generally is legal in Texas. However, Texas Penal Code § 46.041 prohibits the possession of body armor by anyone convicted of a felony (violent or non-violent). eta: TLS quoted statement |
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Posted: 8/20/2016 12:06:13 PM EDT
[#1]
So the Dallas Police Officer made an arrest for a Federal Crime that does not exist.
The female officer seems to know the entire thing is bogus, but does not say a word. These things will continue until the police who commit them are held accountable, which will be never. But give a ticket to an NFL player who ran a red light, that gets you fired. Don't invite the man into your life. Once the guy saw the cops, he should have disarmed, not gone in looking lie Rambo: I got a call from a family member saying that they were being threatened. I PERSONALLY told them to call the police for help. When I got there I saw the police car but I thought they were still in the car. I was wearing my bulletproof vest, had my Sig 1911, and my AR-15 |
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Posted: 8/20/2016 1:02:39 PM EDT
[#2]
Looks like money in the bank to me, if hes not a felon. A hispanic falsley arrest by white cops, shit, lulac will be all over that.
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Posted: 8/20/2016 1:46:37 PM EDT
[#3]
I'm going with major payday. Ignorance of the law, is NO defense.
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Posted: 8/20/2016 1:55:14 PM EDT
[#4]
Why is anyone surprised? Half the time the people passing the law don't know what's in the law.
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Posted: 8/20/2016 4:04:22 PM EDT
[#5]
LMAO! Now that is one Thin Blue Line right there!
And they will continue collecting pay from the public coffers. Hking |
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Posted: 8/20/2016 4:19:11 PM EDT
[#6]
Quote HistoryQuoted:
And they will continue collecting pay from the public coffers. Gonna get a pay raise too! |
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Posted: 8/20/2016 4:25:46 PM EDT
[#7]
I've contemplated wearing a plate carrier while walking the dog since this evenly disburses weight and would make a great workout.
And I agree, most LEO's I've encountered know very little about gun laws, especially regarding NFA. I live in a small town that finally built a couple of holding cells and have been curious what kind of food they serve. |
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Posted: 8/20/2016 5:41:32 PM EDT
[#8]
As an LEO, I can tell you most cops aren't very good when it comes to body armor and NFA laws. The only ones that would know are the ones that are into weapons, which most cops aren't.
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Posted: 8/20/2016 6:41:29 PM EDT
[#9]
Arrest em' all and let the court sort it out.
Only you STILL have an arrest record even if it is thrown out that can be expensive and time consuming to expunge. I imagine arrest records could be even harder to expunge when they are for violations to the Penal Code that don't exist. This could be a major shit show for the guy that go arrested depending on what he does for a living and/or amount of contact with LEO. Very unfortunate incident. |
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Posted: 8/21/2016 10:40:54 AM EDT
[#10]
All of you meet to stfu and pick up those cans.
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Posted: 8/21/2016 1:20:33 PM EDT
[#11]
Quote HistoryQuoted:
Arrest em' all and let the court sort it out.
Only you STILL have an arrest record even if it is thrown out that can be expensive and time consuming to expunge. I imagine arrest records could be even harder to expunge when they are for violations to the Penal Code that don't exist. This could be a major shit show for the guy that go arrested depending on what he does for a living and/or amount of contact with LEO. Very unfortunate incident. I think the going rate for a 1983 suit is 20K per day. |
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Posted: 8/21/2016 7:08:15 PM EDT
[#12]
Quote HistoryQuoted: So the Dallas Police Officer made an arrest for a Federal Crime that does not exist. The female officer seems to know the entire thing is bogus, but does not say a word. These things will continue until the police who commit them are held accountable, which will be never. But give a ticket to an NFL player who ran a red light, that gets you fired. Don't invite the man into your life. Once the guy saw the cops, he should have disarmed, not gone in looking lie Rambo: I got a call from a family member saying that they were being threatened. I PERSONALLY told them to call the police for help. When I got there I saw the police car but I thought they were still in the car. I was wearing my bulletproof vest, had my Sig 1911, and my AR-15 None of which helps the dude in cuffs at time, I'll admit. I've never had to deal with something like that in the middle of a contact (which would completely suck), but at meetings/in-service, I've bit my tongue instead of arguing with the graybeards over some point of law before. I learned from experience that I'm not gonna convince 'em of anything because WTF do I know (even if I can point to the chapter and verse), and voicing an objection is just gonna make everyone get out of training late, so fuckit. All I can do is try to make my contacts the right way, for legit reasons. |
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Posted: 8/21/2016 7:18:24 PM EDT
[#13]
Quote HistoryQuoted:
My guess? She's a year or two out of the Academy, knows the law, but isn't about to get into an argument with a more experienced officer (FTO? Supervisor?) about it right there in the street. They're gonna find out anyway when they try to look up the statute so they can write the arrest report. None of which helps the dude in cuffs at time, I'll admit. I've never had to deal with something like that in the middle of a contact (which would completely suck), but at meetings/in-service, I've bit my tongue instead of arguing with the graybeards over some point of law before. I learned from experience that I'm not gonna convince 'em of anything because WTF do I know (even if I can point to the chapter and verse), and voicing an objection is just gonna make everyone get out of training late, so fuckit. All I can do is try to make my contacts the right way, for legit reasons. Quote HistoryQuoted:
Quoted:
So the Dallas Police Officer made an arrest for a Federal Crime that does not exist. The female officer seems to know the entire thing is bogus, but does not say a word. These things will continue until the police who commit them are held accountable, which will be never. But give a ticket to an NFL player who ran a red light, that gets you fired. Don't invite the man into your life. Once the guy saw the cops, he should have disarmed, not gone in looking lie Rambo: I got a call from a family member saying that they were being threatened. I PERSONALLY told them to call the police for help. When I got there I saw the police car but I thought they were still in the car. I was wearing my bulletproof vest, had my Sig 1911, and my AR-15 None of which helps the dude in cuffs at time, I'll admit. I've never had to deal with something like that in the middle of a contact (which would completely suck), but at meetings/in-service, I've bit my tongue instead of arguing with the graybeards over some point of law before. I learned from experience that I'm not gonna convince 'em of anything because WTF do I know (even if I can point to the chapter and verse), and voicing an objection is just gonna make everyone get out of training late, so fuckit. All I can do is try to make my contacts the right way, for legit reasons. Thank you. |
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Posted: 8/21/2016 9:36:04 PM EDT
[#14]
Kinda like back when the whole "traveling " clause was around in regards to carrying a pistol in your car for protection.
You could ask 5 different cops and get 15 different answers. But joe 6 pack citizenry cannot claim ignorance of the law
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Posted: 8/21/2016 9:46:16 PM EDT
[#15]
Quote HistoryQuoted: Kinda like back when the whole "traveling " clause was around in regards to carrying a pistol in your car for protection. You could ask 5 different cops and get 15 different answers. But joe 6 pack citizenry cannot claim ignorance of the law |
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Posted: 8/21/2016 10:56:04 PM EDT
[#16]
Ranking officer on the call needs to be demoted. Hope the guy gets well paid and officers retrained. Every one of them likely had a phone with Internet and the ability to look up the law they claim he is violating. No excuse for that to ever happen.
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Posted: 8/22/2016 4:41:06 AM EDT
[#17]
Quote HistoryQuoted:
I've contemplated wearing a plate carrier while walking the dog since this evenly disburses weight and would make a great workout. Most people would say no.. But I jog regularly with my plate carrier. It's basically a free weighted vest, a very good workout. I don't have much on it, just 3 mag pouches on the front, which hold my phone, water and other stuff. I don't open carry like this guy did, but I'll have to keep this video in mind.. Funny how he said that federal law trumps state law. Only someone's getting arrested is when that matters.. |
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Posted: 8/23/2016 2:41:13 AM EDT
[#18]
Quote HistoryQuoted: Most people would say no.. But I jog regularly with my plate carrier. It's basically a free weighted vest, a very good workout. I don't have much on it, just 3 mag pouches on the front, which hold my phone, water and other stuff. I don't open carry like this guy did, but I'll have to keep this video in mind.. Funny how he said that federal law trumps state law. Only someone's getting arrested is when that matters.. Quote HistoryQuoted: Quoted: I've contemplated wearing a plate carrier while walking the dog since this evenly disburses weight and would make a great workout. Most people would say no.. But I jog regularly with my plate carrier. It's basically a free weighted vest, a very good workout. I don't have much on it, just 3 mag pouches on the front, which hold my phone, water and other stuff. I don't open carry like this guy did, but I'll have to keep this video in mind.. Funny how he said that federal law trumps state law. Only someone's getting arrested is when that matters.. Funny thing, a few months ago I saw a hot mom, pushing a baby stroller wearing a vest and ruck, at a slight jog. #Military town Values And yes it was that hot,  |
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Posted: 8/23/2016 3:02:18 PM EDT
[#19]
Quote HistoryQuoted: As an LEO, I can tell you most cops aren't very good when it comes to body armor and NFA laws. The only ones that would know are the ones that are into weapons, which most cops aren't. I love my brothers in blue. Being a firefighter I work with them regularly in my city. Some are sharp, and some I have to show how to release the slide on my G20?? And then there are the discussions, I have helped more than a few work through some of their ignorance. If you are a gun guy, be patient, know your rights 100%, be polite, and make your stand at the station. Resisting a cop on the street, regardless of how wrong they are will never go well. Make them pay after the trip if that's the way it goes down. Not making excuses, but they are responsible for know a lot of stuff beyond NFA and body armor regs. And very precious few have an actual law degree. |
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Posted: 8/23/2016 3:20:29 PM EDT
[#20]
And on the flip side they took way to long and patronized this guy in sweeny before arresting him. Leo's have a hell of a job now a days.
http://www.kagstv.com/mb/news/state/body-cam-video-of-arrest-eases-tension-in-sweeny/281650924 |
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Posted: 8/23/2016 5:37:30 PM EDT
[#21]
Quote HistoryQuoted:
None of which helps the dude in cuffs at time, I'll admit. That part sucks a lot. |
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Posted: 8/23/2016 9:48:16 PM EDT
[#22]
Quote HistoryQuoted:
I've contemplated wearing a plate carrier while walking the dog since this evenly disburses weight and would make a great workout. And I agree, most LEO's I've encountered know very little about gun laws, especially regarding NFA. I live in a small town that finally built a couple of holding cells and have been curious what kind of food they serve. I've seen guys wearing 5.11 plate carriers out jogging. They make fake (roughly size XL) weights that fit in the carrier. |
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Posted: 8/24/2016 8:01:02 AM EDT
[#23]
I love the law.
I keep seeing ignorance of the law is no excuse, off the top of my head there is at least one instance in the Texas Penal Code where "ignorance" of the law is a valid defense. That is Section 23.03 OFFICIAL OPPRESSION. Whereby an affirmative defense for mistreatment, unlawful arrest, detention, seizure, lien, privilege, or loss of right etc., by a Public Servant is that said PS can claim they did not know the law... This why we won't be seeing a perp walk of these LEO's. What amount of retraining can cure a Lack of Integrity? I count 6-7 LEO's in that video, the mouthy one and the 5-6 others who could have chosen to speak up and did not. Were they all ignorant of the law? Perhaps instead of staring pensively at the dirt and wanting to speak up someone should have done so? ONE was all it would have taken to halt those proceedings and and it could have been to the side out of view of that camera. Retraining would be throwing good money after bad IMHO. The $ payout here will be the not Mirandizing and how many orifices were searched. Actions have consequences. Hking |
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Posted: 8/24/2016 9:17:04 AM EDT
[#24]
Quote HistoryQuoted:
I love the law. I keep seeing ignorance of the law is no excuse, off the top of my head there is at least one instance in the Texas Penal Code where "ignorance" of the law is a valid defense. That is Section 23.03 OFFICIAL OPPRESSION. Whereby an affirmative defense for mistreatment, unlawful arrest, detention, seizure, lien, privilege, or loss of right etc., by a Public Servant is that said PS can claim they did not know the law... This why we won't be seeing a perp walk of these LEO's. What amount of retraining can cure a Lack of Integrity? I count 6-7 LEO's in that video, the mouthy one and the 5-6 others who could have chosen to speak up and did not. Were they all ignorant of the law? Perhaps instead of staring pensively at the dirt and wanting to speak up someone should have done so? ONE was all it would have taken to halt those proceedings and and it could have been to the side out of view of that camera. Retraining would be throwing good money after bad IMHO. The $ payout here will be the not Mirandizing and how many orifices were searched. Actions have consequences. Hking It's possible the reason that they didn't speak out is the culture within that particular department. Would that Sgt have retaliated against those officers who disagreed with him? Would the department have backed the Sgt regardless of the facts? Would fellow officers have ostracized they outspoken officer because of culture or because they liked the Sgt? I agree that LEO's should always try to do the right thing and should speak out when things aren't going the right way but the internal culture of your job has a huge impact on how you behave. I work in a department about 30 miles to the west of Dallas and I've never had a problem speaking my mind. In this case I would have pulled the Sgt aside and told him that he was wrong.I also wouldn't have taken the guy to jail if ordered to do so. Having been in similar situations, I know that I would have been okay. I'm not excusing the officers behavior I'm just trying to explain the human dynamics that might cause this to happen. I should mention that my department has been hiring a ton of guys from Dallas over the last few years as they have been jumping ship in big numbers. |
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Posted: 8/24/2016 1:02:34 PM EDT
[#25]
MSB2199, it sounds like you and your department are squared away. Kudos to you both.
Hking |
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Posted: 8/24/2016 3:52:13 PM EDT
[#26]
Quote HistoryQuoted:
MSB2199, it sounds like you and your department are squared away. Kudos to you both. Hking We have our issues but stuff like this will generally get called out pretty quickly. |
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Posted: 8/25/2016 9:30:22 PM EDT
[#27]
And now he will have an arrest on his record to explain to various entities that track that nonsense!
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Posted: 8/26/2016 8:58:39 AM EDT
[#28]
Quote HistoryQuoted:
And now he will have an arrest on his record to explain to various entities that track that nonsense! He can get his record expunged. If he files suit and wins he could probably insist that the city take care of that for him as part of a settlement. |
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Posted: 8/26/2016 1:50:12 PM EDT
[#29]
Quote HistoryQuoted:
As an LEO, I can tell you most cops aren't very good when it comes to body armor and NFA laws. The only ones that would know are the ones that are into weapons, which most cops aren't. As a former LEO my experience was that most cops were only vaguely familiar with the law outside of the 5-8 they dealt with regularly. Anything beyond the normal burglary, theft, assault, PI, DUI, they would either have to look up (the good ones) or just hook someone up and then say "oops, my bad" when they figured out that they were wrong. And as the earlier poster said, as long as there is no individual accountability for stupid, borderline false imprisonment arrests then it will continue to happen. |
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Posted: 8/28/2016 3:58:16 AM EDT
[#30]
Quote HistoryQuoted:
It's possible the reason that they didn't speak out is the culture within that particular department. Would that Sgt have retaliated against those officers who disagreed with him? Would the department have backed the Sgt regardless of the facts? Would fellow officers have ostracized they outspoken officer because of culture or because they liked the Sgt? I agree that LEO's should always try to do the right thing and should speak out when things aren't going the right way but the internal culture of your job has a huge impact on how you behave. I work in a department about 30 miles to the west of Dallas and I've never had a problem speaking my mind. In this case I would have pulled the Sgt aside and told him that he was wrong.I also wouldn't have taken the guy to jail if ordered to do so. Having been in similar situations, I know that I would have been okay. I'm not excusing the officers behavior I'm just trying to explain the human dynamics that might cause this to happen. I should mention that my department has been hiring a ton of guys from Dallas over the last few years as they have been jumping ship in big numbers. Quote HistoryQuoted:
Quoted:
I love the law. I keep seeing ignorance of the law is no excuse, off the top of my head there is at least one instance in the Texas Penal Code where "ignorance" of the law is a valid defense. That is Section 23.03 OFFICIAL OPPRESSION. Whereby an affirmative defense for mistreatment, unlawful arrest, detention, seizure, lien, privilege, or loss of right etc., by a Public Servant is that said PS can claim they did not know the law... This why we won't be seeing a perp walk of these LEO's. What amount of retraining can cure a Lack of Integrity? I count 6-7 LEO's in that video, the mouthy one and the 5-6 others who could have chosen to speak up and did not. Were they all ignorant of the law? Perhaps instead of staring pensively at the dirt and wanting to speak up someone should have done so? ONE was all it would have taken to halt those proceedings and and it could have been to the side out of view of that camera. Retraining would be throwing good money after bad IMHO. The $ payout here will be the not Mirandizing and how many orifices were searched. Actions have consequences. Hking It's possible the reason that they didn't speak out is the culture within that particular department. Would that Sgt have retaliated against those officers who disagreed with him? Would the department have backed the Sgt regardless of the facts? Would fellow officers have ostracized they outspoken officer because of culture or because they liked the Sgt? I agree that LEO's should always try to do the right thing and should speak out when things aren't going the right way but the internal culture of your job has a huge impact on how you behave. I work in a department about 30 miles to the west of Dallas and I've never had a problem speaking my mind. In this case I would have pulled the Sgt aside and told him that he was wrong.I also wouldn't have taken the guy to jail if ordered to do so. Having been in similar situations, I know that I would have been okay. I'm not excusing the officers behavior I'm just trying to explain the human dynamics that might cause this to happen. I should mention that my department has been hiring a ton of guys from Dallas over the last few years as they have been jumping ship in big numbers. Retaliation from a supervisor is alive an well in ever line of LE work. More prominently experienced from top brass. |
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Posted: 8/28/2016 7:14:35 AM EDT
[#31]
Quote HistoryQuoted:
Not for nothin' but Joe Sixpack citizenry successfully claims ignorance of the law every single day. Quote HistoryQuoted:
Quoted:
Kinda like back when the whole "traveling " clause was around in regards to carrying a pistol in your car for protection. You could ask 5 different cops and get 15 different answers. But joe 6 pack citizenry cannot claim ignorance of the law And they go to jail regardless...... |
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Posted: 8/29/2016 12:46:03 PM EDT
[#32]
Quote HistoryQuoted:
Arrest em' all and let the court sort it out.
Only you STILL have an arrest record even if it is thrown out that can be expensive and time consuming to expunge. I imagine arrest records could be even harder to expunge when they are for violations to the Penal Code that don't exist. This could be a major shit show for the guy that go arrested depending on what he does for a living and/or amount of contact with LEO. Very unfortunate incident. What is an arrest without conviction? Or isn't the courts disposition made known on an arrest record like a dismissal? |
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Posted: 8/29/2016 1:45:47 PM EDT
[#33]
Quote HistoryQuoted:
He can get his record expunged. If he files suit and wins he could probably insist that the city take care of that for him as part of a settlement. Quote HistoryQuoted:
Quoted:
And now he will have an arrest on his record to explain to various entities that track that nonsense! He can get his record expunged. If he files suit and wins he could probably insist that the city take care of that for him as part of a settlement. Except nothing is really, truly ever expunged. There will always be a record somewhere that it happened. Even if there is documentation that it shouldn't have happened in the eyes of many in LE, an arrest even if it was a mistake is still a black mark that would lead to suspicion and it could still be made into an embarrassment if leaked to the press for some people. |
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Posted: 8/29/2016 2:19:05 PM EDT
[#34]
Quote HistoryQuoted:
What is an arrest without conviction? Or isn't the courts disposition made known on an arrest record like a dismissal? Quote HistoryQuoted:
Quoted:
Arrest em' all and let the court sort it out.
Only you STILL have an arrest record even if it is thrown out that can be expensive and time consuming to expunge. I imagine arrest records could be even harder to expunge when they are for violations to the Penal Code that don't exist. This could be a major shit show for the guy that go arrested depending on what he does for a living and/or amount of contact with LEO. Very unfortunate incident. What is an arrest without conviction? Or isn't the courts disposition made known on an arrest record like a dismissal? There wasn't a court involved in this case since it appears the PD dropped the arrest once someone realized it was bogus. Unless things have changed, DPD doesn't run their own jail but buys space in Lew Sterrett. It's possible that since the PD dropped the case that this person was never officially booked and nothing was reported to NCIC. If it was reported then unless DPD or DCSO reports that the arresting agency dropped the case then the NCIC CCH would show the arrest but no disposition. |
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Posted: 8/29/2016 2:22:56 PM EDT
[#35]
Quote HistoryQuoted:
Except nothing is really, truly ever expunged. There will always be a record somewhere that it happened. Even if there is documentation that it shouldn't have happened in the eyes of many in LE, an arrest even if it was a mistake is still a black mark that would lead to suspicion and it could still be made into an embarrassment if leaked to the press for some people. Quote HistoryQuoted:
Quoted:
Quoted:
And now he will have an arrest on his record to explain to various entities that track that nonsense! He can get his record expunged. If he files suit and wins he could probably insist that the city take care of that for him as part of a settlement. Except nothing is really, truly ever expunged. There will always be a record somewhere that it happened. Even if there is documentation that it shouldn't have happened in the eyes of many in LE, an arrest even if it was a mistake is still a black mark that would lead to suspicion and it could still be made into an embarrassment if leaked to the press for some people. Your county record and any info reported to NCIC would be expunged. You are correct that there would probably be an arrest report that was generated that would probably remain in the system. That record would only by routinely accessible by DPD officers. |
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Posted: 8/29/2016 2:46:52 PM EDT
[#36]
Quote HistoryQuoted:
As a former LEO my experience was that most cops were only vaguely familiar with the law outside of the 5-8 they dealt with regularly. Anything beyond the normal burglary, theft, assault, PI, DUI, they would either have to look up (the good ones) or just hook someone up and then say "oops, my bad" when they figured out that they were wrong. And as the earlier poster said, as long as there is no individual accountability for stupid, borderline false imprisonment arrests then it will continue to happen. Quote HistoryQuoted:
Quoted:
As an LEO, I can tell you most cops aren't very good when it comes to body armor and NFA laws. The only ones that would know are the ones that are into weapons, which most cops aren't. As a former LEO my experience was that most cops were only vaguely familiar with the law outside of the 5-8 they dealt with regularly. Anything beyond the normal burglary, theft, assault, PI, DUI, they would either have to look up (the good ones) or just hook someone up and then say "oops, my bad" when they figured out that they were wrong. And as the earlier poster said, as long as there is no individual accountability for stupid, borderline false imprisonment arrests then it will continue to happen. This +1 There actually needs to be individual and departmental accountability, and it needs to be meaningful, not something that insurance or a union rep can make go away mostly painlessly. |
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Posted: 8/30/2016 10:09:10 AM EDT
[#37]
Quote HistoryQuoted: And they go to jail regardless...... Quote HistoryQuoted: Quoted: Quoted: Kinda like back when the whole "traveling " clause was around in regards to carrying a pistol in your car for protection. You could ask 5 different cops and get 15 different answers. But joe 6 pack citizenry cannot claim ignorance of the law And they go to jail regardless...... It depends of the nature of the law they are claiming ignorance of, of course ("I didn't know I couldn't kill that guy, officer"), but there's lots (and lots) of contacts made that involve a two-minute conversation about "Don't do that again," or "This is how it works here" instead of a citation or handcuffs. |
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Posted: 8/30/2016 11:13:01 AM EDT
[#38]
Quote HistoryQuoted:
I have firsthand experience that says they don't. It depends of the nature of the law they are claiming ignorance of, of course ("I didn't know I couldn't kill that guy, officer"), but there's lots (and lots) of contacts made that involve a two-minute conversation about "Don't do that again," or "This is how it works here" instead of a citation or handcuffs. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Kinda like back when the whole "traveling " clause was around in regards to carrying a pistol in your car for protection. You could ask 5 different cops and get 15 different answers. But joe 6 pack citizenry cannot claim ignorance of the law And they go to jail regardless...... It depends of the nature of the law they are claiming ignorance of, of course ("I didn't know I couldn't kill that guy, officer"), but there's lots (and lots) of contacts made that involve a two-minute conversation about "Don't do that again," or "This is how it works here" instead of a citation or handcuffs. There are good cops & bad cops. I wish we had an online rating system (like rating college professors) so we could easily identify which ones are GTG and which ones to steer clear. I've interacted with some great ones but the few bad ones have left a very bad taste in my mouth, like many other people. The ones that pull the "US vs. THEM" mentality are usually the bad cops in my experience. |
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Posted: 8/31/2016 1:37:24 AM EDT
[#39]
Another law that a lot of people don't know about.
A felon is legal to possess a firearm on the premises of which he lives, 5 years after he completes his penalty phase. I suppose that would not include his yard. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. eta: Sec. 46.02. UNLAWFUL CARRYING WEAPONS (a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. |
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Posted: 8/31/2016 10:53:16 AM EDT
[#40]
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There wasn't a court involved in this case since it appears the PD dropped the arrest once someone realized it was bogus. Unless things have changed, DPD doesn't run their own jail but buys space in Lew Sterrett. It's possible that since the PD dropped the case that this person was never officially booked and nothing was reported to NCIC. If it was reported then unless DPD or DCSO reports that the arresting agency dropped the case then the NCIC CCH would show the arrest but no disposition. Quote HistoryQuoted:
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Arrest em' all and let the court sort it out.
Only you STILL have an arrest record even if it is thrown out that can be expensive and time consuming to expunge. I imagine arrest records could be even harder to expunge when they are for violations to the Penal Code that don't exist. This could be a major shit show for the guy that go arrested depending on what he does for a living and/or amount of contact with LEO. Very unfortunate incident. What is an arrest without conviction? Or isn't the courts disposition made known on an arrest record like a dismissal? There wasn't a court involved in this case since it appears the PD dropped the arrest once someone realized it was bogus. Unless things have changed, DPD doesn't run their own jail but buys space in Lew Sterrett. It's possible that since the PD dropped the case that this person was never officially booked and nothing was reported to NCIC. If it was reported then unless DPD or DCSO reports that the arresting agency dropped the case then the NCIC CCH would show the arrest but no disposition. And a lot of the time the agencies don't report the arrest/matter as being closed when the agency has disposed of the matter on their end long before it reaches the DAs office or courts. |
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Posted: 8/31/2016 2:47:10 PM EDT
[#41]
I argued with a trooper over a co-worker needing a CDL or not and got talked down to like I was a retarded dog. I knew I was right, I had just looked it up 2 weeks prior. He eventually went to his partners car who I assume told him he was wrong. All I got after that was a mumbled "never mind" when he walked back past.
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Posted: 9/1/2016 8:27:30 AM EDT
[#42]
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I argued with a trooper over a co-worker needing a CDL or not and got talked down to like I was a retarded dog. I knew I was right, I had just looked it up 2 weeks prior. He eventually went to his partners car who I assume told him he was wrong. All I got after that was a mumbled "never mind" when he walked back past. Sounds like the pearland cop and county constable that stopped the guy open carrying a while back. They keep trying to tell him he's breaking the law, he explains that he isn't and asks them to look it up, pearland cop talks to one of his coworkers, figures out he actually is wrong, just walks off and leaves the constable without another word |
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Posted: 9/1/2016 9:31:13 AM EDT
[#43]
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I argued with a trooper over a co-worker needing a CDL or not and got talked down to like I was a retarded dog. I knew I was right, I had just looked it up 2 weeks prior. He eventually went to his partners car who I assume told him he was wrong. All I got after that was a mumbled "never mind" when he walked back past. The laws on that kinda stuff can be kind of confusing. There are state laws and federal laws. State laws tend to follow federal laws but not always. Also not all troopers have been through the training on the basic commercial vehicle regs. Best to contact DPS Commercial Vehicle Enforcement unit and talk to one of their guys. They will give you the correct information. |
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Posted: 9/1/2016 9:36:06 AM EDT
[#44]
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There are good cops & bad cops. I wish we had an online rating system (like rating college professors) so we could easily identify which ones are GTG and which ones to steer clear. I've interacted with some great ones but the few bad ones have left a very bad taste in my mouth, like many other people. The ones that pull the "US vs. THEM" mentality are usually the bad cops in my experience. Quote HistoryQuoted:
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Kinda like back when the whole "traveling " clause was around in regards to carrying a pistol in your car for protection. You could ask 5 different cops and get 15 different answers. But joe 6 pack citizenry cannot claim ignorance of the law And they go to jail regardless...... It depends of the nature of the law they are claiming ignorance of, of course ("I didn't know I couldn't kill that guy, officer"), but there's lots (and lots) of contacts made that involve a two-minute conversation about "Don't do that again," or "This is how it works here" instead of a citation or handcuffs. There are good cops & bad cops. I wish we had an online rating system (like rating college professors) so we could easily identify which ones are GTG and which ones to steer clear. I've interacted with some great ones but the few bad ones have left a very bad taste in my mouth, like many other people. The ones that pull the "US vs. THEM" mentality are usually the bad cops in my experience. There is |
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Posted: 9/1/2016 9:42:56 AM EDT
[#45]
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There is Quote HistoryQuoted:
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I wish we had an online rating system (like rating college professors) so we could easily identify which ones are GTG and which ones to steer clear. There is LInk? |
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Posted: 9/1/2016 12:33:14 PM EDT
[#46]
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There are good cops & bad cops. I wish we had an online rating system (like rating college professors) so we could easily identify which ones are GTG and which ones to steer clear. I've interacted with some great ones but the few bad ones have left a very bad taste in my mouth, like many other people. The ones that pull the "US vs. THEM" mentality are usually the bad cops in my experience. OOOOOHHHHH!!!!!!! Like a popularity contest?
Seriously.......if you are having that many "interactions" with police officers maybe you should revaluate how you are living your life. |
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Posted: 9/1/2016 12:36:05 PM EDT
[#47]
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Another law that a lot of people don't know about. A felon is legal to possess a firearm on the premises of which he lives, 5 years after he completes his penalty phase. I suppose that would not include his yard. That's just state law. Federal law prohibits a felon from possessing a firearm or ammunition anywhere. |
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Posted: 9/1/2016 1:13:03 PM EDT
[#48]
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I argued with a trooper over a co-worker needing a CDL or not and got talked down to like I was a retarded dog. I knew I was right, I had just looked it up 2 weeks prior. He eventually went to his partners car who I assume told him he was wrong. All I got after that was a mumbled "never mind" when he walked back past. Guess he wasn't man enough to apologize.
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Posted: 9/1/2016 6:15:49 PM EDT
[#49]
Quote HistoryQuoted: The laws on that kinda stuff can be kind of confusing. There are state laws and federal laws. State laws tend to follow federal laws but not always. Also not all troopers have been through the training on the basic commercial vehicle regs. Best to contact DPS Commercial Vehicle Enforcement unit and talk to one of their guys. They will give you the correct information. Quote HistoryQuoted: Quoted: I argued with a trooper over a co-worker needing a CDL or not and got talked down to like I was a retarded dog. I knew I was right, I had just looked it up 2 weeks prior. He eventually went to his partners car who I assume told him he was wrong. All I got after that was a mumbled "never mind" when he walked back past. The laws on that kinda stuff can be kind of confusing. There are state laws and federal laws. State laws tend to follow federal laws but not always. Also not all troopers have been through the training on the basic commercial vehicle regs. Best to contact DPS Commercial Vehicle Enforcement unit and talk to one of their guys. They will give you the correct information. At the time, I only knew we didn't need it. I knew there was a combined GVW that made it necessary and we were under it. When I told him that there was a specific weight that required a CDL his response was, and in the most condescending voice possible "This is WEIGGGGHHHHT, it is HEAAAAVVVVVYYYY." |
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Posted: 9/1/2016 7:31:39 PM EDT
[#50]
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That's just state law. Federal law prohibits a felon from possessing a firearm or ammunition anywhere. Quote HistoryQuoted:
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Another law that a lot of people don't know about. A felon is legal to possess a firearm on the premises of which he lives, 5 years after he completes his penalty phase. I suppose that would not include his yard. That's just state law. Federal law prohibits a felon from possessing a firearm or ammunition anywhere. Does this mean a felon is good to go unless the feds show up at his house? |
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