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Posted: 3/26/2013 4:49:25 PM EDT
[#1]
Quoted:
Quoted:
]Means they are hoping the judge and DA realize the cop made a false arrest and the charge will be dismissed. It becomes as if it never happened? MateFrio gets his CHL back automatically? Will TXDPS issue a "notice" to all their officer regarding this incident? if it is dismissed, then we still do not have case law on this matter? Would it be better if the process continued as to create case law? don't know don't know don't know correct. for us, yes. For matefrio, only if he has enough cash to see it through and he wins. |
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Posted: 3/26/2013 4:55:57 PM EDT
[#2]
Good luck OP. Ive been a test rat with the military for years n it six sometimes.
I can help with as much as i can. |
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Posted: 3/26/2013 5:01:18 PM EDT
[#3]
Why did you let them measure the knife?
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Posted: 3/26/2013 5:09:12 PM EDT
[#4]
Quoted:
Why did you let them measure the knife? I doubt he had much choice being outnumbered by troopers in the Capitol building. |
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Posted: 3/26/2013 5:21:30 PM EDT
[#5]
Quoted:
Quoted:
Why did you let them measure the knife? I doubt he had much choice being outnumbered by troopers in the Capitol building. This is the only way to get out of that!!! How not to get searched when your outnumbered…. Sucks for the OP but will be an interesting outcome that hopefully you have the fundulage to make happen.... |
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Posted: 3/26/2013 5:42:03 PM EDT
[#6]
Post your legal defense fund. I will contribute.
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Posted: 3/26/2013 6:08:53 PM EDT
[#7]
I was not there so I dont know all the details. There are a whole lot of details that would need to be known before anyone can make an accurate comment on "allowing a search" But from what was said the knife was in plain view. The CHL and gun were not in plain view. So some investigation would have to be done to determinate what is a violation and what is not. BUT until an LEO knows its ok to carry then its going to be a "stressful" encounter for all. I would think the trooper felt they had probable cause that was an illegal weapon based on the size of what they could see. If a person was to refuse at that point this would likely turn into a resisting search or arrest. I'm sure that someone who have been hurt as a level of force would have been used to make sure the troopers felt they were safe. This would more than likely have been a very bad situation physically for the OP. From a LEO perspective - If I can see what I think is an illegal weapon and I start the action to secure the weapon and you say no or resist its going to get really bad really quick. Because I'm not going to take the chance that you are a bad guy or a good guy. This is not a case of an LEO asking to search a bag or car to see "what he can find" It was found. As it turns out the OP appears to be on the right side of the law and will pay a high price to get his name cleared. Hope the OP can get this cleared up. |
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Posted: 3/26/2013 6:30:04 PM EDT
[#8]
The way the text is written is confusing. It would be nice if the legislature clarified it.
I, for one, think the statute is silly. If you have a CHL I could care less if you're carrying a tomahawk, bear spray, and a rape whistle. Unfortunately you got Troopered. Why did Travis County get mentioned in all this, btw? DPS is a state organization, not a county one. Good luck, OP. |
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Posted: 3/26/2013 6:32:31 PM EDT
[#9]
Quoted:
Quoted:
]Means they are hoping the judge and DA realize the cop made a false arrest and the charge will be dismissed. It becomes as if it never happened? Aside from OP having a permanent FBI record, his fingerprints being on file, and the arrest showing up on his criminal history ... yes. MateFrio gets his CHL back automatically? I doubt it is automatic, but he should be able to call the CHL division with the disposition and they should be able to reinstate it. Will TXDPS issue a "notice" to all their officer regarding this incident? No. Especially not if the case is just dismissed. if it is dismissed, then we still do not have case law on this matter? Would it be better if the process continued as to create case law? It certainly would be better to have case law (or better yet a re-write of the wording of the law) but that will cost OP quite a bit more money, time, and heartache.... |
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Posted: 3/26/2013 6:35:00 PM EDT
[#10]
Good luck!
I'll be keeping and eye on this thread. |
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Posted: 3/26/2013 6:38:03 PM EDT
[#11]
Quoted:
I was not there so I dont know all the details. There are a whole lot of details that would need to be known before anyone can make an accurate comment on "allowing a search" But from what was said the knife was in plain view. The CHL and gun were not in plain view. So some investigation would have to be done to determinate what is a violation and what is not. BUT until an LEO knows its ok to carry then its going to be a "stressful" encounter for all. I would think the trooper felt they had probable cause that was an illegal weapon based on the size of what they could see. If a person was to refuse at that point this would likely turn into a resisting search or arrest. I'm sure that someone who have been hurt as a level of force would have been used to make sure the troopers felt they were safe. This would more than likely have been a very bad situation physically for the OP. From a LEO perspective - If I can see what I think is an illegal weapon and I start the action to secure the weapon and you say no or resist its going to get really bad really quick. Because I'm not going to take the chance that you are a bad guy or a good guy. This is not a case of an LEO asking to search a bag or car to see "what he can find" It was found. As it turns out the OP appears to be on the right side of the law and will pay a high price to get his name cleared. Hope the OP can get this cleared up. He notified DPS troopers manning the metal detectors that he had a CHL which they verified so I'm sure they were aware he was carrying concealed. Also, if it was such a danger to those in the Capitol, why did they patiently wait outside in the hall until he exited the hearing? This was not a safety issue/fear for trooper safety or else they would've made him pee his pants instead of allowing him to excuse himself and go to the mens room. They spent hours discussing and then decided that since they could not come to a collective agreement what the law specifically outlines, it was best to arrest. Does anybody find the irony that this transpired in the very halls where this law was codified? Keep in mind, the guy was legally ARMED with a handgun. LEOs screwed the pooch and should be reprimanded. |
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Posted: 3/26/2013 6:40:20 PM EDT
[#12]
Quoted:
Why did Travis County get mentioned in all this, btw? DPS is a state organization, not a county one. Ditto, and the capitol being in the city I figured Austin PD would be mentioned. The only thing Travis County would be involved in is the jail. |
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Posted: 3/26/2013 6:41:47 PM EDT
[#13]
Quoted:
The way the text is written is confusing. It would be nice if the legislature clarified it. I, for one, think the statute is silly. If you have a CHL I could care less if you're carrying a tomahawk, bear spray, and a rape whistle. Unfortunately you got Troopered. Why did Travis County get mentioned in all this, btw? DPS is a state organization, not a county one. Good luck, OP. Last I knew, the state doesn't have jails so DPS transports those they arrest to the local county jail and, the last I checked, the capital of Texas is located in the heart of Travis County. |
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Posted: 3/26/2013 6:46:03 PM EDT
[#14]
Good luck OP, I look forward to you being succesfull - altho it will have some frustrations yet.
This thread may be of interest Similar thread It has several who interpret the law as you did, as we all should... Good luck! Edit--> I read more and see you posted there a few times already  Is interesting...
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Posted: 3/26/2013 6:46:10 PM EDT
[#15]
I have replied under "other" threads about this.
The Iliac junction is accessible to a 5.35" knife The carotid artery is accessible to a 1 inch knife The brain is accessible to a 3 inch knife. I guess I don't understand I carry an M16-21 |
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Posted: 3/26/2013 7:00:15 PM EDT
[#16]
Quoted:
I have replied under "other" threads about this. The Iliac junction is accessible to a 5.35" knife The carotid artery is accessible to a 1 inch knife The brain is accessible to a 3 inch knife. I guess I don't understand I carry an M16-21 the "illegal knife" part doesn't interest me much, but the blackjack/illegal club piques my interest a bit. |
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Posted: 3/26/2013 7:38:31 PM EDT
[#17]
OP I would hope you sue the shit out of them for costing you all this money and violating your rights by having you locked up. If there is a fund set up I will donate.
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Posted: 3/26/2013 7:54:57 PM EDT
[#18]
When faced with a serious criminal charge, starting a thread about it on the internet is a wise first step.
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Posted: 3/26/2013 8:03:37 PM EDT
[#19]
Quoted:
Thank you for beng the test case. Seriously. I guess we'll find out for sure how Texas stands on this matter. Tagging this thread for outcome. |
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Posted: 3/26/2013 9:56:39 PM EDT
[#20]
Quoted: When faced with a serious criminal charge, starting a thread about it on the internet is a wise first step. It took me over week before I posted any details for a reason and there is a reason for this thread. Pros and cons were weighed and risks were evaluated with legal council. |
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Posted: 3/26/2013 9:57:59 PM EDT
[#21]
I don't know who to thank.
Whomever purchased\Got a team membership for me. Thank you. |
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Posted: 3/26/2013 10:16:22 PM EDT
[#22]
Let me put some reality around timelines and expectations.
It's darn hard to make legal precedent. It's darn expensive to litigate a case that makes legal precedent. JUST the first stage of this case may be pushed out easily to July 2013 and that's almost the earliest. I've asked my lawyer to lead me down the best path with a primary and secondary goal in mind that by no means are exclusive of each other.
If that happens then I'll be looking at another lawyer with more fees to handle the appeal. If I win the appeal there is a chance we can get the courts to voice an opinion. All that I've done so far is get the pot to stir and that's a step in the right direction. It's going to be a long ride. I appreciate the help and support I've received here. |
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Posted: 3/26/2013 10:31:24 PM EDT
[#23]
Depends on your target I guess. Seems this one needed a knife over 5.5 inches to make the impact needed.
Quoted: I have replied under "other" threads about this. The Iliac junction is accessible to a 5.35" knife The carotid artery is accessible to a 1 inch knife The brain is accessible to a 3 inch knife. I guess I don't understand I carry an M16-21 |
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Posted: 3/27/2013 3:00:30 AM EDT
[#24]
GL OP. I've seen you and others debate this in other arenas. Sorry to hear that you had to be a test case, but it will be awesome to have clarity.
Hope this becomes a non event for CHL holders. |
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Posted: 3/27/2013 3:55:43 AM EDT
[#25]
Ignorant police officers should be held responsible for their ignorance.
After you are found to be innocent of the charges, if they are not simply dismissed as they should be based on " ...DOES NOT APPLY TO ".... You should immediately file a civil suit against those involved, including the officers involved and the state if you are not compensated for the complete lack of regard for the statutes that clearly say you are exempt from the UCW statutes in this case. I'm not much for suing officers for obvious reasons, but it someone can point directly to a specific statute that clearly shows conduct is not a violation, and you get hooked up anyway, thats grounds for further legal action in my view. If this case is not dismissed before a trial by the judge and If you make it public what court you are being prosecuted in, the name of the judge handling the case I will mail a letter to the Judge/court/DA defending your legal right to carry an illegal knife CHL and handgun based on the exemptions clearly written in law. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.15 This section expressly addresses your innocence: Sec. 46.15. NONAPPLICABILITY. (b) Section 46.02 does not apply to a person who (6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying; The officer making the broad generality that it only applies to handguns, is wrong on face value if the STATUTE says " 46.02 DOES NOT APPLY ". It does not say it does not apply to HANDGUNS. |
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Posted: 3/27/2013 4:03:44 AM EDT
[#26]
Mr Frio, pick a bank and post it so I can donate. I'm in cypress and have access to all the major banks!
Lawyers aren't cheap and good ones are expensive! |
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Posted: 3/27/2013 5:39:01 AM EDT
[#27]
Quoted:
Depends on your target I guess. Seems this one needed a knife over 5.5 inches to make the impact needed. Quoted:
I have replied under "other" threads about this. The Iliac junction is accessible to a 5.35" knife The carotid artery is accessible to a 1 inch knife The brain is accessible to a 3 inch knife. I guess I don't understand I carry an M16-21 I have some De Leon Jungle fighter bowie knives. I love to carry them. I like to carry them in San Antonio to honor Jim Bowie. It does not bother me to carry illegally as I carried guns from the time I went to jr college back in 78. Not all the time but just as much as I do now. Trouble is today with cops on fishing trips and many more chances at interaction with cops it is more important than ever to be legal. It is funny that years ago a cop would not take a second look at someone like me but today I am a prime candidate to be questioned, fucked with , looked at, asked for identification etc. I could tell you many stories about how cops let me and my friends slide just because they understood. Young cops today would arrest their own mother for jay walking. I no longer even let the alarm co call the cops when the alarm goes off at work. One time I let the cops in and they came out with an sks, a shotgun, and a couple of pistols ranting about how they could be used against them. I turn off the alarm and clear the building. I never thought of where I would stick someone to kill them. I never thought that I would be in a fight with a knife where I would go for the kill . I always thought with a big fighting bowie that my plan would be more self defense mode where I would be slashing arms, hands, and targets of opportunity. You cut all the leaders and veins across a mans hand he is going to have to be a tough son of a bitch to keep on coming. For me, going for the kill would leave me open as I am no knife fighter. My spyderco police is only to be used to get to my carry piece. If the attack is fast and close, years of drawing the spyderco to open boxes and cut rope will serve me well to surprise an attacker as I back away and go for the gun. This coming from a guy who knows nothing about fighting and never has been in a real fight. I wish you luck in your quest to give us one more edge in self defense. |
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Posted: 3/27/2013 5:54:13 AM EDT
[#28]
I personally know Matefrio and I'd like to make a few observations:
1) First and foremost, we couldn't have asked or hand-picked a better test case for this. He is educated, generous to our community, professional, calm, non tinfoil hat wearing, religious, politically active, and respectful. 2) The law is actually clear on this point and, as an attorney, I believe wholeheartedly that he is correct in his interpretation. We could certainly debate intent, but not content. 3) We all owe him a debt of gratitude. This isn't the kind of guy who is going to roll over the first opportunity he has to plea bargain his case to a result he can live with. I can't say that about a lot of folks. He is a principled person who has his eye on the welfare of the entire community, not just himself. 4) This will be an expensive endeavor, but he has put his money, freedom, and CHL where his mouth is. 5) How absolutely appropriate and symbolic for his arrest to have taken place inside the State Capitol building. You got brass balls sir. I literally can't say enough good things about Matefrio. If you've ever met him, then you will surely know- we have the right person testing this case. Lets all show him the love and support him relentlessly during this time. |
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Posted: 3/27/2013 6:26:35 AM EDT
[#29]
Quoted:
Quoted:
The way the text is written is confusing. It would be nice if the legislature clarified it. I, for one, think the statute is silly. If you have a CHL I could care less if you're carrying a tomahawk, bear spray, and a rape whistle. Unfortunately you got Troopered. Why did Travis County get mentioned in all this, btw? DPS is a state organization, not a county one. Good luck, OP. Last I knew, the state doesn't have jails so DPS transports those they arrest to the local county jail and, the last I checked, the capital of Texas is located in the heart of Travis County. Your ability to know geography is astounding. What does TC have to do with his arrest or the statute he was arrested under? Do we mention every county jail on every arrest made? (Hint: it has no bearing on the case) |
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Posted: 3/27/2013 6:28:32 AM EDT
[#30]
Quoted:
Let me put some reality around timelines and expectations. It's darn hard to make legal precedent. It's darn expensive to litigate a case that makes legal precedent. JUST the first stage of this case may be pushed out easily to July 2013 and that's almost the earliest. I've asked my lawyer to lead me down the best path with a primary and secondary goal in mind that by no means are exclusive of each other.
If that happens then I'll be looking at another lawyer with more fees to handle the appeal. If I win the appeal there is a chance we can get the courts to voice an opinion. All that I've done so far is get the pot to stir and that's a step in the right direction. It's going to be a long ride. I appreciate the help and support I've received here. You should reach out to TSRA and the Texas NRA and see if they would be willing to offer you legal support. This seems like a case they would be interested in. |
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Posted: 3/27/2013 7:23:27 AM EDT
[#31]
Was it.DPS or.Capital.Police that made the arrest ?
Posted Via AR15.Com Mobile |
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Posted: 3/27/2013 7:24:53 AM EDT
[#32]
Quoted: Your ability to know geography is astounding. What does TC have to do with his arrest or the statute he was arrested under? Do we mention every county jail on every arrest made? (Hint: it has no bearing on the case) He just said the arresting thugs were DPS troopers from Travis County, why is that so upsetting?  |
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Posted: 3/27/2013 7:26:26 AM EDT
[#33]
I just came in here to note that I found this thread in the LE only secured section of the website where guys are talking about it.... So know that you do have some support from good cops.
I had a pretty involved discussion about this law with some guys on here and with my old Sgt. who instructs classes, back when the law was reworded and this exception first came out. It seemed pretty clear to me at that time that you could carry an illegal knife or club as long as you had your CHL. Then some time later, I met a neighbor who is a Sheik and had some interest in carrying his Kirkpan (im fucking all of this spelling up im sure) for religious reasons. I told him that I was pretty certain that as long as he had a CHL and was carrying some sort of handgun, he could legally have a knife longer than 5 1/2". I even called the Harris County District Attorney's Office and spoke to an assistant DA and we read over the law together and she had no prior knowledge of the law, but upon reading it, came to the same opinion and understanding of it that I did . I remember leaving my neighbor with the promise that he could carry a kirkpan as long as he had at least a 22 derringer or something in his pocket and a CHL at the same time. For that matter, since the state began allowing people to carry handguns in their car sans CHL, Ive pretty much stopped carrying about illegal knives and clubs in vehicles entirely. I dealt with a transient dude living out of his truck about 2 months ago who had a big assed rambo looking K-Bar type of knife in a sheath on the side of his backpack (and prior convictions for resisting arrest) and I told him basically "just so you know that knife is illegal and I dont care, but you shouldn't continue driving around with it because some other cop might flip shit over it. |
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Posted: 3/27/2013 7:31:20 AM EDT
[#34]
Quoted: I dealt with a transient dude living out of his truck about 2 months ago who had a big assed rambo looking K-Bar type of knife in a sheath on the side of his backpack (and prior convictions for resisting arrest) and I told him basically "just so you know that knife is illegal and I dont care, but you shouldn't continue driving around with it because some other cop might flip shit over it. Aren't Illegal knives not illegal if in a vehicle?
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Posted: 3/27/2013 7:40:58 AM EDT
[#35]
Depends when he stopped him I think. IIRC 2004 the law was changed? I know watercraft were just added last session.
Quoted: Quoted: I dealt with a transient dude living out of his truck about 2 months ago who had a big assed rambo looking K-Bar type of knife in a sheath on the side of his backpack (and prior convictions for resisting arrest) and I told him basically "just so you know that knife is illegal and I dont care, but you shouldn't continue driving around with it because some other cop might flip shit over it. Aren't Illegal knives not illegal if in a vehicle?
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Posted: 3/27/2013 8:08:55 AM EDT
[#36]
Quoted:
Quoted:
Quoted:
The way the text is written is confusing. It would be nice if the legislature clarified it. I, for one, think the statute is silly. If you have a CHL I could care less if you're carrying a tomahawk, bear spray, and a rape whistle. Unfortunately you got Troopered. Why did Travis County get mentioned in all this, btw? DPS is a state organization, not a county one. Good luck, OP. Last I knew, the state doesn't have jails so DPS transports those they arrest to the local county jail and, the last I checked, the capital of Texas is located in the heart of Travis County. Your ability to know geography is astounding. What does TC have to do with his arrest or the statute he was arrested under? Do we mention every county jail on every arrest made? (Hint: it has no bearing on the case) Where he was arrested dictates what county the charges will be filed. Every jurisdiction does things differently to an extent. If you get arrested for certian charges in Travis county vs. Williamson county it would be a big difference. |
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Posted: 3/27/2013 8:09:17 AM EDT
[#37]
Good luck Friend!
B.T.W. - Jim Bowie sends you a "Thumbs Up"! 
With the efforts to clarify Texas Knife Laws (Thread already in the Texas H.T.F. threads) maybe this would be something the Legislature should make unambiguously clear in those bills? |
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Posted: 3/27/2013 8:14:39 AM EDT
[#38]
Quoted: Good luck Friend! B.T.W. - Jim Bowie sends you a "Thumbs Up"! With the efforts to clarify Texas Knife Laws (Thread already in the Texas H.T.F. threads) maybe this would be something the Legislature should make unambiguously clear in those bills? Or they should just strike all the knife laws. They're no different than an assault weapons ban, and it's embarrassing that we even have this kind of liberal bullshit on the books in the first place. |
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Posted: 3/27/2013 8:24:09 AM EDT
[#39]
These laws were created the free black folks, who were poor, didn't carry around weapons as they couldn't afford a pistol. At the time they were never intended for white folks to worry about and weren't enforced equally.
I agree though, and we do have a bill in the House now that'd at least strike switchblades from the law. Quoted: Quoted: Good luck Friend! B.T.W. - Jim Bowie sends you a "Thumbs Up"! With the efforts to clarify Texas Knife Laws (Thread already in the Texas H.T.F. threads) maybe this would be something the Legislature should make unambiguously clear in those bills? Or they should just strike all the knife laws. They're no different than an assault weapons ban, and it's embarrassing that we even have this kind of liberal bullshit on the books in the first place. |
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Posted: 3/27/2013 8:38:13 AM EDT
[#40]
I'll put this out there for everyone wanting to help. First off, thanks. I really appreciate the willingness to share my burden across many backs.
Taking in a resource, time, money etc to use for this isn't straight forward though and may take a bit of time. It will happen though. I'd post my paypal account but it's not that easy and to be fair to everyone I am waiting for all the pieces to fall into place and that will include an entry, use and exit plan with clear checks and balances for every resource given. |
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Posted: 3/27/2013 9:21:35 AM EDT
[#41]
Quoted:
If you've ever met him, then you will surely know- we have the right person testing this case. Lets all show him the love and support him relentlessly during this time. I've met him and agree. I just wish he wasn't being put through this foolishness. 
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Posted: 3/27/2013 10:08:13 AM EDT
[#42]
MateFrio - I'm really sorry to hear you have had to deal with this hassle and expense. You are clearly on the correct side in this and I'm sorry that the LEOs involved haven't learned to read English yet.
I would love to see this issue clarified, and look forward to any updates you post. If there becomes a need to assist financially, definitely post the details so we can help. |
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Posted: 3/27/2013 10:46:38 AM EDT
[#43]
will be watching this thread closely!
Best of luck Matfrio and thanks for taking one for the team! |
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Posted: 3/27/2013 12:10:41 PM EDT
[#44]
Quoted:
Quoted:
Quoted:
The way the text is written is confusing. It would be nice if the legislature clarified it. I, for one, think the statute is silly. If you have a CHL I could care less if you're carrying a tomahawk, bear spray, and a rape whistle. Unfortunately you got Troopered. Why did Travis County get mentioned in all this, btw? DPS is a state organization, not a county one. Good luck, OP. Last I knew, the state doesn't have jails so DPS transports those they arrest to the local county jail and, the last I checked, the capital of Texas is located in the heart of Travis County. Your ability to know geography is astounding. What does TC have to do with his arrest or the statute he was arrested under? Do we mention every county jail on every arrest made? (Hint: it has no bearing on the case) DPS troopers operate by county so if you are arrested by a trooper there's a very good chance you'll be visiting the county lockup. Also, since arrested (and charged) in TRAVIS COUNTY, the TRAVIS COUNTY DISTRICT ATTORNEY is pursuing these charges. I'm not sure, but for your benefit, I'll state the obvious - the person that is making OP's life hell is an elected official of TRAVIS COUNTY. Troopers lacked reading comprehension but for the top attorney for a county, which happens to be the home of our Capital, this is material to note. Geography isn't my only strong suit (born in Travis County). |
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Posted: 3/27/2013 12:38:43 PM EDT
[#45]
Quoted:
Good luck OP. TXL +1/tag |
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Posted: 3/27/2013 3:28:18 PM EDT
[#46]
Quoted:
Quoted:
I was not there so I dont know all the details. There are a whole lot of details that would need to be known before anyone can make an accurate comment on "allowing a search" But from what was said the knife was in plain view. The CHL and gun were not in plain view. So some investigation would have to be done to determinate what is a violation and what is not. BUT until an LEO knows its ok to carry then its going to be a "stressful" encounter for all. I would think the trooper felt they had probable cause that was an illegal weapon based on the size of what they could see. If a person was to refuse at that point this would likely turn into a resisting search or arrest. I'm sure that someone who have been hurt as a level of force would have been used to make sure the troopers felt they were safe. This would more than likely have been a very bad situation physically for the OP. From a LEO perspective - If I can see what I think is an illegal weapon and I start the action to secure the weapon and you say no or resist its going to get really bad really quick. Because I'm not going to take the chance that you are a bad guy or a good guy. This is not a case of an LEO asking to search a bag or car to see "what he can find" It was found. As it turns out the OP appears to be on the right side of the law and will pay a high price to get his name cleared. Hope the OP can get this cleared up. He notified DPS troopers manning the metal detectors that he had a CHL which they verified so I'm sure they were aware he was carrying concealed. Also, if it was such a danger to those in the Capitol, why did they patiently wait outside in the hall until he exited the hearing? This was not a safety issue/fear for trooper safety or else they would've made him pee his pants instead of allowing him to excuse himself and go to the mens room. They spent hours discussing and then decided that since they could not come to a collective agreement what the law specifically outlines, it was best to arrest. Does anybody find the irony that this transpired in the very halls where this law was codified? Keep in mind, the guy was legally ARMED with a handgun. LEOs screwed the pooch and should be reprimanded. Just because he presented his CHL at the door does not mean every trooper in the building knows he has a CHL. Just because he present a CHL does not mean he is armed with a hand gun. Enforcing laws has very little to do if someone is a "danger". Waiting out side may have been a tactic to avoid disrupting the hearing? Allowing him to go to the restroom does not mean he was alone or even free to leave. If he pissed himself in the capital it would be on the floor and I'm not sure anyone wants that to happen. From what I can read the OP did a great job to inform. The troopers have some explaining to do. |
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Posted: 3/27/2013 3:36:31 PM EDT
[#47]
MateFrio,
Thank you for standing up for our rights. I hope I can help in some way. I will be watching this closely. Good Luck! |
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Posted: 3/27/2013 3:53:51 PM EDT
[#48]
I wonder which of the DPS officers in the building got his panties in a wad over your knife in the first place.
I wonder if they gave eachother high fives after booking the totally peaceful citizen who had a printed out copy of the law with him.
Jesus. |
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Posted: 3/27/2013 4:03:18 PM EDT
[#49]
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What does TC have to do with his arrest or the statute he was arrested under? Do we mention every county jail on every arrest made? (Hint: it has no bearing on the case) DPS troopers operate by county so if you are arrested by a trooper there's a very good chance you'll be visiting the county lockup. Also, since arrested (and charged) in TRAVIS COUNTY, the TRAVIS COUNTY DISTRICT ATTORNEY is pursuing these charges. I'm not sure, but for your benefit, I'll state the obvious - the person that is making OP's life hell is an elected official of TRAVIS COUNTY. Troopers lacked reading comprehension but for the top attorney for a county, which happens to be the home of our Capital, this is material to note. Geography isn't my only strong suit (born in Travis County). Troopers do not operate by county. They operate state wide and operate based out of stations. They are not limited by county lines and often travel across these to do whatever enforcement they like. The troopers that operate in my area routinely work in Wilco/TC as well as TC/Bastrop, concentrating on the highways. The OP stated "So Travis County, DPS were the arresting officers.". This would seem to imply that TC had some sort of role in the arrest. Maybe I am reading it the wrong way ... since I know that Troopers don't work by county I read it differently than ya'll do. The "person making OP's life hell" to me would be the arresting Trooper.... not "The person who will be tasked with evaluating/prosecuting the case". And since this is a misdemeanor arrest, it will be prosecuted by a county attorney, not the DA. But HEY ... what do I know. Being that TC is known for being soft on crime and pleading out cases on the regular, I predict OP will get a plea deal offer if the case does not get dismissed. |
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Posted: 3/27/2013 4:05:05 PM EDT
[#50]
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Was it.DPS or.Capital.Police that made the arrest ? Posted Via AR15.Com Mobile There is no separate Capital Police. DPS Troopers are assigned to the Capital to do security there. |
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