Earlier, I had posted on the arrest of Phillip Turner for standing up for his rights while he was photographing the Galveston Police Department building.
Phillip was arrested for Failure to Identify, when under Texas law he was not required to identify until he was already under arrest. A subject who is being detained, with or without reasonable suspicion is under no obligation or duty to identify himself to police.
This week, Galveston PD Sergeant Archie Chapman was indicted by the Galveston County Grand Jury for Criminal Trespass. The past year has at least been interesting for Chapman, he was recently found not to have used excessive force against a fleeing suspect after he drove his squad car across a front yard and into the suspect. A federal jury apparently did not believe that this was excessive force.
Anyway, back to the indictment.
According to Chapman’s attorney, Greg Cagle, Chapman’s only motivation was the safety of his fellow officers.
I’m sorry, but that is so much bullshit. Chapman had no legal authority to enter Turner’s car. He committed a crime when he did so.
And both the Galveston County District Attorney and the Grand Jury agreed.
If convicted, Chapman’s peace officer license will likely be revoked. He is currently limited to administrative duties.
H/T: John Smith
PS: As you can probably tell, I’m not doing much blogging. This lawyer stuff takes up a lot of my time, and to be honest, earning a living takes priority. I apologize for not posting more often.
Tim Taylor
Feb 23, 2016 @ 17:55:11
Just glad to hear you are alive and kicking.
donchall@i-served.com
Feb 23, 2016 @ 17:55:19
Remember you did an article on a Mark Hunter On the Salisbury Police Department? Well, you need to go to Rowan Free Press and see the documentation on the SPD Chief of Police Rory Collins who admitted to ten years being on Hillbillies heroin “OxyContin ” while on duty and how this police department is under investigation. Big story as officers have been fired recently and more to follow.
Sent from my iPhone
>
Burgers Allday
Feb 23, 2016 @ 19:46:08
Well, it is nice to see you back, even if infrequent.
Don’t forget to check out my blog (police4aqi) if you get time..
John Smith
Feb 25, 2016 @ 18:43:04
Not sure if ECL follows police4aqi ….but for the record..I DO and really enjoy it.
John Smith
Feb 25, 2016 @ 18:45:05
Not sure if ECL follows police4aqi ….but for the record..I DO and really enjoy it.
Falutin Free
Feb 27, 2016 @ 10:51:09
Thanks for still trying to keep up with these events. Reading Volokh’s article covering this incident it mentions Turner lost his case against the Fort Worth officer who detained him. Does the case still go ahead against the city or is that one over? If and when he files against Galveston do you think this officer is going to be entitled to qualified immunity? I think I remember reading that the ID law in Texas is clearly established in Dutton v. Hayes-Pupko. Please correct me if I’m wrong. Also, even though this officer has been indicted, I can’t find anywhere that shows that the judge has signed it and the officer has been arrested. Is there a possibility the judge won’t sign it? I’m kind of angry the Chron article used Turner’s mugshot for their story. Thanks for your time.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/26/galveston-police-officer-indicted-for-searching-car-of-photography-rights-activist/
Falutin Free
Feb 27, 2016 @ 10:51:45
Thanks for still trying to keep up with these events. Reading Volokh’s article covering this incident it mentions Turner lost his case against the Fort Worth officer who detained him. Does the case still go ahead against the city or is that one over? If and when he files against Galveston do you think this officer is going to be entitled to qualified immunity? I think I remember reading that the ID law in Texas is clearly established in Dutton v. Hayes-Pupko. Please correct me if I’m wrong. Also, even thought this officer has been indicted, I can’t find anywhere that shows that the judge has signed it and the officer has been arrested. Iso there a possibility the judge won’t sign it. I’m kind of angry the Chronic article used Turner’s mugshot for theither story. Thanks for your time.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/26/galveston-police-officer-indicted-for-searching-car-of-photography-rights-activist/
Falutin Free
Feb 27, 2016 @ 10:52:23
Thanks for still trying to keep up with these events. Reading Volokh’s article covering this incident it mentions Turner lost his case against the Fort Worth officer who detained him. Does the case still go ahead against the city or is that one over? If and when he files against Galveston do you think this officer is going to be entitled to qualified immunity? I think I remember reading that the ID law in Texas is clearly established in Dutton v. Hayes-Pupko. Please correct me if I’m wrong. Also, even thought this officer has been indicted, I can’t find anywhere that shows that the judge has signed it and the officer has been arrested. Iso there a possibility the judge won’t sign it. I’m kind of angry the Chronic article used Turner’s mugshot for theither story. Thanks for your time.
dallascynic
Feb 28, 2016 @ 12:27:08
My next question. Do you think this will get the rules of the identify law into our officers’ heads or will they just carry on and look on this guy as a martyr?
ExCop-Lawyer
Feb 28, 2016 @ 12:50:10
No, officers will see this guy as a martyr.
gindjurra
Mar 02, 2016 @ 01:33:58
That sort of attitude is what horrifies me the most about current US police culture. In any other non-criminal profession I can think of, upon discovering that someone had broken the rules and dishonored his oath, his peers would be horrified and his reputation would be ruined.
But not law enforcement. In law enforcement, he’s a good man who was brought down by nefarious action by The Enemy. He’s just another criminal going by the law, but to other criminals he’s a capital-H Hero.
Argle Bargle (@AblativMeatshld)
Mar 13, 2016 @ 20:31:51
Wait.
Driving a car up onto a lawn and INTO a guy isn’t excessive force?
Jesus Christ, remind me to never, ever go to Galveston – it is apparently a shithole…