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ExCop-Lawyer

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  1. andrew
    Apr 15, 2013 @ 16:28:44

    Reply

  2. ExCop-LawStudent
    Apr 15, 2013 @ 20:44:58

    Thanks, I’ll look into doing a post on it.

    Reply

    • Dave
      Dec 28, 2013 @ 21:07:11

      I swerved into this blog by accident and took an interest as I feel we have the same one thing in common. I am an ex-cop turned lawyer. I can only extrapolate from the information on here that you are now a 2nd or 3rd year law school student.
      My only comment is this: I hope you haven’t made a mistake. Practicing law is a miserable profession filled with miserable people. Take it from a guy who had a badge and a gun and turned it all in for the “privilege” of attending law school. I found myself in purgatory.
      You also elected to attend law school during a time when 50% of all law grads will graduate and not find jobs. Don’t believe me? Just ask the ABA…this is their statistics. And keep in mind, the ABA has a strong motive to conceal this information so the actual numbers are probability worse.
      Do you have any law jobs line up yet?

      Reply

      • ExCop-LawStudent
        Dec 31, 2013 @ 00:11:54

        Not yet, but I’ll be OK. I did a full 20 at the department, so it is not like I’ll starve, even if I have to hang out a shingle.

        Reply

        • Eric
          Feb 24, 2015 @ 16:14:03

          Is this by chance, you? I forget the source, but I think it was the Albuquerque Journal Newspaper
          Ex-Cop, Now a Law Student, Says Albuquerque Civil Rights Lawyer Mary Han May Have Been Murdered

        • ExCop-LawStudent
          Feb 24, 2015 @ 17:29:14

          Nope. I was a cop in Texas, not New Mexico.

      • jennifer
        Oct 14, 2014 @ 13:49:38

        The report you did on the officer from walker has a lot of WRONG “facts” i dont think you researched enough on this! I personally know this case and your “FACTS” are twisted. the victim was 7 and disabled.
        and the reasons the officer was let go from livingston were peronally bt that of the sheriff and Dipuma. NOTHING to do with the job

        Reply

        • ExCop-LawStudent
          Oct 18, 2014 @ 12:17:41

          Well, if you can show some form of evidence that documents what you are claiming, I’ll correct whatever’s wrong, but failing that, I stand by what I wrote.

  3. jeff
    May 01, 2013 @ 13:47:02

    Dear Excoplawstudent,
    I’ve found my way to your blog via Carlos Miller’s blog. I think something you said in the comments section to the Michigan cop story might make a good post here. You said that the Michigan cop’s conduct was not strong armed robbery and assault.
    I’d like to hear the legal arguments why.
    That statement is not meant to be argumentative, I really would like to better understand why, when police arrest people and or take their personal property under circumstances where every officer knows or should know they have no legal right to do so, is not the same as if I had taken a camera from the same guy’s hand. In the latter situation I would be in jail and charged with a crime, but cops get a slap on the wrist from IA and almost never face any criminal penalty.

    Reply

    • ExCop-LawStudent
      May 02, 2013 @ 00:12:03

      Jeff, I’ll try and get to it, but I’m in the middle of finals right now, so it may take awhile.

      Reply

  4. BJ
    May 31, 2013 @ 21:55:28

    Hi ECLS
    This incident outside Liberty Bell And Independence Hall appears to be a blatant assault on 1st Amendment rights. The Constitution is the ‘permit’ needed for free speech. I watched this and thought ‘The US is supposed to be more free than China. What the hell is going on?’

    BJ

    Reply

    • BJ
      May 31, 2013 @ 22:26:06

      I’ve just read some more on this incident and according to one of the detained individuals the citations have been voided and he intends to file lawsuits against the individual’s involved. The ‘End the Fed’ flyer they were handing out is shown on the same web page http://whatonearthishappening.com/news/378-mark-and-barb-unlawfully-arrested-for-exercising-free-speech-in-front-of-independence-hall-liberty-bell-updated-with-video

      Reply

      • ExCop-LawStudent
        Jun 01, 2013 @ 11:39:29

        I appreciate the tip, but I’m not going to follow up on this, for several reasons. First, the video shows a detention (not an arrest) while the individuals are being cited, and based on the actions of “Mark”, it would be an appropriate restraint for officer safety while issuing the citations. Second, there is no information about the initial contact–were they in a traditional public forum or a limited public forum, and if the later, were any restrictions based on content or time, manner, or place? Third, from their webpage, they clearly do not understand the law, indicating they will file a “criminal” lawsuit–which is not permitted in almost all state jurisdictions and is not allowed in the federal courts. Finally, although this is not dispositive, they appear to belong to the sovereign citizen ideology. If there were other information as noted above, this would not be a problem, the First Amendment protects everyone, but without more, I’m not going to support that ideology without some indication that their rights were violated. Right now it is not clear that they were, but if additional information comes forward to show that, I’ll post on it.

        Again, thanks for the heads-up on this.

        Reply

  5. Dan Matthews
    Jun 06, 2013 @ 14:12:04

    Second try!

    Reply

  6. Dan Matthews
    Jun 10, 2013 @ 00:29:16

    Hey EC.
    It was good to see you comment again on the Lemming site. I wasn’t sure if your sign off was for the day or for good.
    It is frustrating to deal with some of the characters there when they are close minded.
    Anyway, would appreciate it if you could remove the first message I left under the name Paul. That is an alias that I only use for fire fighting business activities.
    Looking forward to communicating with you.
    Be well,
    Dan

    Reply

  7. Dan Matthews
    Jun 10, 2013 @ 03:44:52

    I’ve given up on Difi or whatever his name is.
    Appears to not want to advance the conversation any further with his repetitious comments.

    It would be interesting to speak with you real time about the Florida situation some day.
    All the best in your law career, my impression is that you want to be a contributor.

    Reply

  8. ccbarrpics
    Jun 30, 2013 @ 18:22:01

    I don’t know if you like to update your blog posts, but in the one titled “Mass. Police (and Citizens) Have Lost Their Mind”, just thought I would mention that after a Grand Jury refused to indict the rapper he was ordered freed from jail. Here are a couple links about that:

    http://www.bostonmagazine.com/news/blog/2013/06/07/the-methuen-teen-rapper-was-released-from-jail/

    http://masscopblock.org/cameron-dambrosio-free-after-grand-jury-refuses-to-indict/

    Reply

  9. Matt Modica
    Jul 06, 2013 @ 23:00:00

    Oh crap. That was totally the wrong video. I meant to post this one:

    Reply

  10. Andrew
    Jul 07, 2013 @ 16:13:20

    Reply

  11. Mario K. Cerame
    Jul 17, 2013 @ 13:11:11

    Dear XC,

    I just wanted to say I really like your blawg. No mamby-pamby bullshitting around. You call ’em like you see ’em. I like that brazen honesty and sincerity. And I always like a cop–ex or otherwise–who knows his First Amendment too. Nice.

    I tried lookin’ you up, but you seem to have a smaller personal interwebs footprint. Speaking from personal experience, that’s probably for the best. Anyhow, I’m sure you have a personal story (or many) and I hope to hear it some time. I’m not sure what year of law school you’re in, but I also hope your summer is going well.

    Keep up the nifty work.

    Mario

    Reply

    • ExCop-LawStudent
      Jul 17, 2013 @ 14:02:03

      Thanks. I’m a 2L, and just finished the summer semester.

      Reply

      • Jeff Gray
        Aug 07, 2013 @ 21:46:38

        ECLS, I received your email response to my question about touch and goes and I understand your position. Love your blog.

        Reply

  12. Joe Hinson
    Aug 01, 2013 @ 07:38:39

    Hi;

    I sent this link to Carlos at PINAC

    but he didn’t seem too interested. The link is of my fealings with two railroad workers who were trying to get me to stop taking photos of their trains from public property. Other links from that day (and the day before) show two seperate stops by Darlington County Sheriff’s deputies after being called in by the railroad.

    Part of me can’t help but to feel that at least part of the reason Carlos didn’t do a write-up on this is that for the most part, the three deputies come off as doing the right thing. They repeatedly told me that if I was on public property, I could take photographs of trains. I wasn’t too fond of the “in this day and age” speeches I got, but again, they were above board on this.

    It was the railroad company that went overboard and even began following me around on public streets. Just thought you might find it interesting. It did cross my mind as I was getting pulled the first time the story on PINAC of the Darlington County deputy who “snatched” the cell phone from the guy taking photos of him, but it never turned that wayfor me.

    Reply

  13. craig Augustine
    Aug 20, 2013 @ 16:45:18

    ECLS, I came across this law. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
    Summary:

    Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

    For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

    The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

    TITLE 18, U.S.C., SECTION 242

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

    Could you enlighten me as to why this law never seems to be enforced if officers are in violation of it?

    Thanks

    Reply

  14. ExCop-LawStudent
    Aug 20, 2013 @ 21:20:44

    It is enforced, but the US Attorneys use their discretion on which cases they’ll take. Matthew Moore was convicted of this in New Orleans. Stephen House in Georgia. John Gray in Ohio. Gregory McRae in Louisiana. That’s just the appellate cases in the last two years.

    Reply

  15. Dustin McGraw
    Nov 19, 2013 @ 20:25:46

    Hey, EC. I enjoy reading your blog and I have a question I hope you can shed some light on. In Texas, when legally open carrying a longarm, do police officers have the legal authority to disarm you during a consensual encounter? I know according to Texas Gv. Code Ann. § 411.207 a CHL holder who is carrying can be disarmed at the discretion of the officer, but I couldn’t find anything in the statutes regarding officer safety concerns in the context of open carry of longarms.

    Thanks,
    Dustin

    Reply

    • ExCop-LawStudent
      Nov 19, 2013 @ 22:51:02

      That’s a legal question that I can’t answer yet. Sorry.

      Reply

  16. John Mueller
    Jan 02, 2014 @ 15:40:58

    Hey, have you did anything with this story yet? I’d like to hear if the police dept issued an apology or anything?

    http://dailybuzzlive.com/archives/2052

    Reply

  17. susie
    Jan 29, 2014 @ 11:46:48

    do you have a direct email address?

    Reply

  18. Tim Corvin
    Mar 09, 2014 @ 16:02:23

    Regarding your post about Rhea County Sheriff Mike Neal. Check this out! https://www.youtube.com/watch?v=dT2j9DPBn0o

    Reply

    • ExCop-LawStudent
      Mar 09, 2014 @ 18:56:50

      Can you tell me what the allegation is?

      I’m not going to watch an hour long plus video.

      Reply

  19. JW
    Jul 09, 2014 @ 16:37:00

    Please report on Albuquerque Police Department. Since 2010, approx 40 shootings, 30 killings, recent DOJ investigation report, Chief promoted officer to newly created position of Major who was previously involved in, and found guilty of, burning off part of suspects ear with taser (note that after taser incident, officer was made a trainer in lethal and non lethal force), Chief appoints a recently retired SWAT leader and trainer to newly created position of Deputy Chief (note that even during this officers time at SWAT as both a leader and trainer, DOJ reported that SWAT was contributor to excessive lethal and non lethal force due to lack of discipline and supervision).

    Reply

  20. James Ainsley
    Aug 23, 2014 @ 10:07:22

    ECLS is there another link to see the video on the Abilene, TX open carry stop dated Aug 12?

    Reply

    • ExCop-LawStudent
      Aug 23, 2014 @ 12:04:27

      Not that I’m aware of. The control of the video is in the one who posted it on YouTube – sometimes I can find another link, but most of the time when it goes down it is gone.

      Reply

  21. James Ainsley
    Aug 23, 2014 @ 12:09:33

    Also I have a couple questions regarding qualified immunity. This isn’t for legal advice just general knowledge since the descriptions on it that I’ve found aren’t clear to me. I’m about to head to bed though to work tonight but I’ll check here when I’m at work and post the questions here unless you’d prefer another method, I’m on my phone at the moment

    Reply

  22. James Ainsley
    Aug 24, 2014 @ 00:12:28

    Question 1. Lets supposed someone was wrongfully arrested for filming a police officer. Video shows the person was 20 feet away not saying a word filming and the police officer came up to him after he was finished writing the citation or whatever he was doing at the time and ends up arresting the person filming. The person filming doesn’t settle out of court and takes it to court and wins. In Qualified Immunity who then becomes the standard to be the reasonable person? The average police officer, the average citizen or someone else?

    Question 2. Same situation as above. The officer is new, gets taken go court over the incident, loses the case but is granted qualified immunity, is not responsible for paying out damages, but is ordered to attend training about the issue. The next year this same officer is brought to court on the exact same issue, wants to use qualified immunity again. The question is seeing how this officer was specifically ordered and attended training on this issue can qualified immunity be granted. How could it be claimed that this specific officer did not violate “clearly established law” if he was ordered and attended specific training on the issue?

    Reply

  23. James Ainsley
    Aug 24, 2014 @ 00:13:32

    Supposed = suppose

    Reply

  24. vad
    Aug 26, 2014 @ 12:18:47

    Reply

  25. Robin
    Sep 22, 2014 @ 07:52:03

    Have you seen this from Corpus Christi? Made the news yesterday.

    .

    Reply

    • ExCop-LawStudent
      Sep 22, 2014 @ 13:45:21

      I would have to see an unedited version. There is too much that is questionable to comment on it right now.

      Reply

      • Robin
        Sep 22, 2014 @ 16:46:33

        True. But it did sound like the officer didn’t know the ID law. The Texas public intoxication law seems to be so broad that they can use it on anybody.

        Reply

  26. John Stark
    Sep 23, 2014 @ 17:22:01

    Here is the link to the storyhttp://www.kiiitv.com/story/26580631/ccpd-provides-dash-cam-video-of-sundays-homicide-arrest
    CCPD Provides Dash Cam Video of Sunday’s Homicide Arrest
    http://www.kiiitv.com

    Reply

  27. R. Michael Litchfield
    Sep 24, 2014 @ 16:53:59

    Hay, I bumped across your blog and wanted to tell you I was very impressed. Way too often the burgeoning field of police videography is full of confused, ill informed, and downright hysterical blather. I really appreciate your citations, clear prose, and commitment to facts.

    Reply

  28. Apost8
    Dec 02, 2014 @ 20:37:40

    ECLS, Great blog you have here. I appreciate that you appear to analyze each of these cases without prejudice. I realize you probably get bombarded with people seeking legal advice, you’re not a lawyer, and this is only a hypothetical question anyway, so I won’t be bothered if you don’t reply.

    I’ve seen/read/heard so many stories of failure to identify, on the part of law enforcement, while still demanding information from the citizen. What would happen if plain-clothed LEO approached me and began asking questions without identifying themselves first? Let’s say I were to give them false information, or a false name…could that be held against me once it became known who I was dealing with? Could a person potentially say they thought it was a stranger and so they lied?

    Reply

  29. John Barleycorn
    Dec 19, 2014 @ 01:46:52

    Is Pheonix the baby pheonix for a broader discussion about the “down and dirty world” of “day in and day out” policing and policing management that the country needs to have or just garden variety politics?

    Perhaps this weekend after a satisfying meal of low and slow bbq-ed brisket and a few beers this interesting little dust up between a few PD unions, the chief of police (who is a Texas lad I think), and the civilian who wears the boots down at city hall will find you in a sharing mood?

    Something tells me there is a little bit more (like a few aircraft carries and some icebergs) to the story.

    I am not getting any inclinations to dawn one of my extra tinfoil hats but I am getting a warm and fuzzy feeling that both sides (all three sides?) are not letting the fine citizens of that hot and dusty metropolis in on the really good stuff and the press seems to be clinging onto the “obvious” were there is none, while a city manager moves his adams appel in-between breaths while firing a major metro PD chief on TeeeVeeeee and the PD unions go wheeee, wheee, whee, all the way home to the next contract negotiation.

    I know I am missing something and I don’t think it has a damned thing to do with PTSD.

    The water is fine for late December jump right on in…I dare ya… ; )

    The cheap seats are curious. Did the chief take the bait and get out maneuvered or were his “high standards” a smoke and mirrors tactic for an ego overflow-ith?

    Interesting story and the back stories I have found thus far (considering the chief’s short tenure in AZ) make for some good reading while drinking. In otherwords damned if I can figure out this pheonix situation but it looks like I might have to uncork the good stuff to figure it out.

    Help save the good stuff and post up some good stuff at this here blawg of yours, you guild glider you…

    P.S. Sorry to leave this “request for a post” here but either you don’t publish your email adress or I am already too far into the good stuff and or not nimble enough to figure out exactly where on his blawg a guild glider like yourself might link his email adress.

    Cheers and good eating to ya…

    Reply

    • ExCop-LawStudent
      Dec 19, 2014 @ 08:44:14

      It looks like typical union vs. outside chief politics, combined with a chief who doesn’t understand that when the boss tells you not to do something, don’t do it.

      Reply

      • John Barleycorn
        Dec 19, 2014 @ 11:51:49

        It certainly is being presented that way. The” good stuff” research project I uncorked last night did not get any closer to the deciphering the retoric being tossed about just under the “obvious” surface story though.

        There are certainly lots of financial and policy interests at stake but it looks like this dust up will end up in the dust bin of, and The Status Quo Band plays on…

        Cheers and Happy Holliday’s

        Reply

  30. Dan
    Jan 19, 2015 @ 08:05:11

    Chief Banks of Round Rock didn’t leave Albuquerque without some conflict here is a link to a troubling lawsuit: http://cryptome.org/2013/11/han-noggle-v-albuquerque.pdf

    Reply

  31. Donald
    Jan 19, 2015 @ 17:41:55

    I get no pleasure out of saying this but Alfred Adask is one of the cleverest deceivers imaginable. He had me FOOLED for many years. I actually grew to love him like my own brother. Saying things like I have is only ratdropping without more as anybody can say anything. BUT if anyone is interested I WILL cut & paste his own words that should be shocking to people. It certainly did shock me. I could not believe Alfred actually said a few things he did AND I will direct you to the very threads where you can READ ALL ABOUT IT YOURSELF

    Reply

  32. Eric
    Feb 24, 2015 @ 16:57:04

    James Ainsley,
    Re: The average police officer, the average citizen or someone else?
    James, what is an “average v. a non average police officer/citizen? Are there above average & below average citizens/police officers. I have also been advised that there are “ordinary citizens”. Are there unordinary citizens? If so, please define these differences for me, a thick as a brick densehead, Thank you.

    Reply

  33. Grreg
    Mar 11, 2015 @ 16:40:39

    I am avid follower of your writings, and would like to bring to your attention and ask for your opinion regarding HB2918 (Interference With Public Duties), and HB 3046 (Failure To Identify).
    As IANAL, merely a private citizen, I am not versed enough to know what, if anything, these changes would mean.
    I did search for an email, but fully understand not posting such.

    Reply

    • ExCop-LawStudent
      Mar 11, 2015 @ 18:23:34

      Too soon to tell, but HB 2918 would set distances that camera men had to stay back, and require that armed camera men have to stay back further. It’s a reaction to the Watkins idiocy in Arlington.

      HB 3046 would make Texas a stop and ID state.

      Reply

  34. pauljnelson
    Mar 17, 2015 @ 04:52:44

    hi there… i was wonder if u could help me find out how this is legal…
    u are still betting on a game of chance ( so the courts think)
    [redacted link]
    its a legal poker game that u bet real cash..

    Reply

  35. Nathaniel
    Apr 08, 2015 @ 05:11:45

    Perhaps you could help me here. I am interested in precedents which define excessive force by law enforcement officers. Various legal dictionaries suggest: “the use of force greater than that which a reasonable and prudent law enforcement officer would use under the circumstances is generally considered to be excessive,” but as you can probably see, such a definition is practically meaningless.

    Thanks.

    Reply

    • ExCop-LawStudent
      Apr 08, 2015 @ 08:32:54

      That’s a huge area, which is complicated by the multitude of jurisdictions. It is very much a fact driven definition.

      Reply

  36. Nick
    May 18, 2015 @ 04:30:20

    I’m a fellow excop (turned professor), and this blog is bittersweet for me. Your posts are right on the mark, but the incidents they highlight make me worry the systemic issues in policing are worse than I previously thought. However, keep up the great(ish) work; it’s very necessary.

    Reply

  37. Lex Ferenda
    May 19, 2015 @ 13:24:41

    Congrats on becoming a full fledged lawyer. Good job.

    Reply

  38. C L Crawshaw
    Jun 07, 2015 @ 05:44:07

    Congratulations!

    Reply

  39. nodachi216
    Jun 10, 2015 @ 05:29:53


    Love to hear your take on this one.

    Reply

  40. Dylan Baddour
    Jun 15, 2015 @ 11:18:42

    This is Dylan Baddour, reporter for the Houston Chronicle newspaper in Texas. I’d love to talk with you briefly about a YouTube video of a citizens detention on charges of suspicious activity:

    Please find me at 713-362-2152 or dylan.baddour@chron.com

    Thanks.

    Reply

  41. Boomer
    Jun 19, 2015 @ 19:15:02

    My friend. I’ve heard a number of LEO’s, and LEO wannabe’s advise people that they don’t have a fifth amendment right to remain silent unless they’re under arrest. I have always understood the protections of the bill of rights applied to me whether I was under arrest or free to go. Can you shed some light on this for me?

    Reply

    • ExCop-Lawyer
      Jun 26, 2015 @ 01:45:05

      The police do not have to advise you of your right to remain silent until you are in custody, which normally means under arrest.

      That being said, you always have the right to remain silent and not talk to the police.

      Reply

  42. John Padgett
    Jun 21, 2015 @ 12:18:41

    How do I contact Ex-Cop Lawyer?

    Reply

  43. gindjurra
    Jul 03, 2015 @ 16:54:35

    I’m curious — at what point would the judge in this story I linked below trip over 18USC241? Or are judges exempted from having to obey civil rights laws?

    http://photographyisnotacrime.com/2015/07/florida-judge-threatens-pinac-reporters-with-arrest-for-recording-courthouse-from-public-sidewalk/

    Reply

    • ExCop-Lawyer
      Jul 04, 2015 @ 02:06:57

      I’m going to stay out of that one and let PINAC cover it.

      Reply

      • gindjurra
        Jul 06, 2015 @ 00:50:51

        That wasn’t exactly what I asked, but fair enough.

        Still — has a judge ever been criminally charged and/or convicted over violating rights?

        Reply

        • ExCop-Lawyer
          Jul 06, 2015 @ 16:53:15

          Judges have absolute immunity for judicial acts, so they would not normally be charged for a judicial act that violated someone’s rights.

  44. SMR
    Jul 23, 2015 @ 12:38:41

    So I have a question, as this has happened twice now, once to my husband and once to me.
    A cop pulled up behind me and ran my plates while I was doing nothing wrong. I was waiting to turn at a yield sign on the frontage road. My registration did not show up in the system so he pulled me over (obviously there is also a flaw in the computer system if the registration did not show up twice several years apart with the same vehicle). He pulled me over for non-registration and I then had to prove that the sticker on the windshield was not fake by pulling out the actual piece of paper that it came mailed to me with. Thank God I kept that in the truck.
    My husband had a similar experience this morning while doing the speed limit on his way to work. My questions are this:
    1) Do the police have the right to run your plates at any time even if you are not violating any law?
    2) did the cop (both times) have the right to ask for our ID and insurance?

    Nothing bad came of these situations, but I want to know why they can make me late to work when I was doing NOTHING wrong. both cases the cop was never in front of the truck to see the sticker prior to being pulled over, and even if they had been, it showed a current date.

    Reply

    • ExCop-Lawyer
      Jul 24, 2015 @ 00:40:28

      Generally a police officer can run a plate if the vehicle is in public, and a return that the registration is not valid provides reasonable suspicion for a stop. Once they have stopped you, they have the right to ask for ID and insurance.

      Reply

  45. Philip Segrest
    Jul 24, 2015 @ 15:10:42

    I enjoy reading your commentary. Do you think you will post anything on the Sandra Bland stop and arrest? https://www.bostonglobe.com/arts/2015/07/23/video-bland-arrest-tape-doesn-lie/fqhkLb94dREEcjTNb4EcxM/story.html

    What happened after her arrest that led to her death in jail may be outside what you normally cover, but the conduct of Trooper Encinia in the film clip (including how he then described the events to his sergeant) would seem to be right up your alley.

    Reply

    • ExCop-Lawyer
      Jul 24, 2015 @ 15:15:44

      No, I wasn’t going to comment on it.

      The Trooper’s actions were within the law. He may order her out of the car at any time under both state and federal case law. While I don’t like what he did or how he handled it, that wasn’t what killed Bland.

      Reply

  46. millieaustinlaw
    Oct 02, 2015 @ 10:08:24

    My advice to activists is to always ID. …And then say NOTHING else. JP’s don’t have to be lawyers and frequently don’t follow the law. There’s no good reason to give an officer another charge to stack when – despite the law – there’s a good chance of being convicted.

    If there is a lawful detention, failure to ID may be interpreted, under certain circumstances, as additional grounds for a detention or arrest.

    A few appellate courts ruling in favor of people on the issue doesn’t really represent the reality of muni and JP courts in Texas. A tiny fraction of those arrests make it up on appeal. Most people charged with failing to ID, no matter the facts, get convicted. And no appellate sees the case because people don’t have the money for the battle.

    Reply

    • ExCop-Lawyer
      Oct 02, 2015 @ 11:27:35

      All true, and all good advice.

      In addition to JP not being required to be lawyers, there is no requirement for muni judges to be lawyers either. I can think of several in the smaller rural areas in north Texas.

      Reply

  47. Phillip Textor
    Nov 23, 2015 @ 14:15:29

    I have been following the Lancaster TX Alexander Tucker incident. Do you know what the reason for the initial contact was for? The State Police and DA said the stop was legit, but I have never seen any comment on what he was stopped for. Do you know?

    Reply

    • ExCop-Lawyer
      Nov 23, 2015 @ 14:23:07

      No, I noticed the same thing and had the same questions.

      Reply

  48. Jedediah Pendergast
    Dec 17, 2015 @ 17:46:15

    Don’t know if you’ve heard, but Phillip Turner got arrested again and was livestreaming this time (see PINAC). It’s almost as bad as the Galveston pop.

    Reply

  49. John Smith
    Feb 23, 2016 @ 03:33:32

    Since comments get auto-closed after 30 days I’m putting this here for anyone interested. It’s an update (of sorts) to ECL’s piece on Phillip Turner vs Galveston PD.
    _____________________
    The Galveston officer who tracked downed/ made unlawful (er…allegedly)entry into Battousai’s locked car ….has been indicted by a grand jury for his troubles. Way to go Sergent.

    My only question for CHRON is: Why have you posted Phillip’s mugshot in place of Sergent Chapman’s?

    http://www.chron.com/neighborhood/bayarea/crime-courts/article/Galveston-police-Sgt-indicted-on-criminal-6826951.php

    Reply

  50. John Smith
    May 28, 2016 @ 00:08:22

    Another Battousai – related update for you, ECL. This one from TEXAS LAWYER.

    Federal Judge Allows Plaintiff to Sue Officers After He Was Detained for Videoing a Police Station

    —-> http://www.texaslawyer.com/id=1202758743915/Federal-Judge-Allows-Plaintiff-to-Sue-Officers-After-He-Was-Detained-for-Videoing-a-Police-Station?slreturn=20160427194419

    Reply

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