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How to deal with cops under any circumstance


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#76    Yamato

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Posted 12 July 2013 - 08:58 AM

View PostThe world needs you, on 12 July 2013 - 08:46 AM, said:

He was arrested on separate charges unrelated to any firearm offense. Being arrested in Texas and in most other jurisdictions around the world will result on any firearms on their person being taken away until the disposition of the case.

The Second Amendmemt has no relevance to his arrest or upcoming trial.

If wanting to disagree with why he was arrested (interference with public duty) then join the internet choir but the final decision will be up to judge or jury.
It is related to possessing the firearm and you can't bear a firearm that's taken from you.   In arguing why he's entitled to get his guns back, the 2nd Amendment is relevant though may not be necessary.

Interference with public duty requires criminal negligence.   Whatever that criminal negligence is, we don't know.   But Grisham's case has nothing to do with the tactics presented in my OP for discussion here.

"The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the Legislature.  The Executive has no right, in any case, to decide the question" ~ James Madison
"Peace cannot be achieved by force, only by understanding."  ~ Albert Einstein
"To deny people their human rights is to challenge their very humanity.   To impose on them a wretched life of hunger and deprivation is to dehumanize them." ~ Nelson Mandela
"I like your Christ, I do not like your Christians.  Your Christians are so unlike your Christ." ~ Mahatma Gandhi

#77    xFelix

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Posted 12 July 2013 - 11:09 AM

View PostThe world needs you, on 11 July 2013 - 07:13 AM, said:

Regarding the arrest and why it was legal including the disarming and confiscation of his weapons

What he failed to realize is that even if one has a "right to carry a rifle around" in Texas they also have to listen to officer's orders when an officer is on official duties. Failure to do so is interference with public duties.
  • The arresting officer was on a legitimate call, on official duties, responding to a concerned citizen informing dispatch that a man was walking with a rifle.
  • The exact call he was on was to investigate a violation of Texas Penal Code Section 42.01 DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
  • The officer had every right to disarm the invidivual during the course of the investigation for the 42.01 while running his ID to insure he was not a felon and did indeed have a legal right to carry said firearm. If not every felon could then walk around with firearms unchallenged. Even in the beginning of the video the officer tells him, "Once I find out there's no issue...then you're going to be on your way."  That video will be seen by the judge and will not be seen in the defendant's favor. As soon as the officers could have ran his ID and found out he was not a felon then he would have been released and had his weapons returned to him. Instead he had to yell at the officers.
  • Futhermore the disarming of his concealed weapon was legal under Texas Government Code 411.207 which specifically states, "A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder."
  • He has been officially charged under Texas Penal Code Section 38.15.  INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: (1)  a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
  • It was indeed interference with public duties, the public duty of investigating the disorderly conduct called in by a concerned citizen.
  • Since he was arrested his long rifle, which was legal to carry, was now legally able to be taken as property for evidence
  • Since he was arrested his concealed handgun was able to be taken as well under Texas Government Code 411.206. SEIZURE OF HANDGUN AND LICENSE.(a) If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the officer shall seize the license holder's handgun and license as evidence
  • Notice that taking a concealed weapon (disarming or seizing) requires a specific statute because concealed handgun carriers have specific rights. Firearms in any other situation, at your home, in your car, while hunting, can be taken if you are being arrested, he was arrested. Someone can be disarmed in any other situation during the course of an investigation.
  • So, yes, legally he can carry a concealed handgun as he was licensed, he can even carry a long arm open carry here in Texas, but that does not mean he can violate all these other laws and once he did violate other laws it opened the door for arrest and seizure. You can also drive legally in Texas if you are licensed but if you are being pulled over you have to stop, you just cannot keep going, and if you break other laws they can also arrest you and impound your car. Likewise, claims here of illegal detention, disarming, and seizure of weapons will not fly in court. The charges against him will likely stick. The lawsuit he is bringing against the city will definitely not.

Think about that.... Then come back when you read your own words.

Edited by xFelix, 12 July 2013 - 11:10 AM.

My posts consist of my opinions, beliefs, and experiences, feel free to disagree in a respectful manner.

I have a right to my beleifs, just as you have a right to not agree with them.

So long as we respect each other's beliefs, we won't have a single problem.


#78    praetorian-legio XIII

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Posted 12 July 2013 - 03:26 PM

In my personal experience being respectful and polite will usually get you on your way, regardless of the reason you were confronted and whether you did something wrong or not, quicker and with less stress then playing the " I know my rights tought guy gambit". It really p***es me of when someone gets catch red handed breaking the law and then gets all irrate and nasty and starts blaming the cops.Hey, you did it, take responisibility for your actions ahole.

As far as people being programmed to fear authority, watch the movie "compliance" (which was based on a true story). It is absolutly unnerving!


#79    aztek

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Posted 12 July 2013 - 05:54 PM

damn, ppl still don't get what this thread is about.

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#80    lightly

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Posted 13 July 2013 - 12:51 PM

I think most do understand ...     we also understand that keeping silent and refusing to cooperate will sometimes result in a person being taken to jail ,  in cuffs.

    Sort it out later with lawyers?   What if you can't afford it?   An overworked and under talented/motivated court appointed law will probably not get you off on an obstruction of justice charge?

Important:  The above may contain errors, inaccuracies, omissions, and other limitations.

#81    aztek

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Posted 13 July 2013 - 01:52 PM

lol, yea give concent and be taken to jail over something legal.

http://news.yahoo.co...topstories.html

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#82    aztek

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Posted 13 July 2013 - 01:54 PM

View Postlightly, on 13 July 2013 - 12:51 PM, said:

I think most do understand ... we also understand that keeping silent and refusing to cooperate will sometimes result in a person being taken to jail ,  in cuffs.

  
i also think most do, but not you, nor  some most active posters here. OTOH, no they don't. or like 90%  would not be convicted based on something they said, something they should not have to.
don't you understand, if cop wants to take you to jail your cooperation will not help. this  thread is not about screaming "i know my rights" if you do that you actually deserve to be arrested, it is actually about knowing them and using them in a right manner.

if a cop asks for your consent to search your car, that means he has nothing on you, not even probable cause, or he would not need your consent.

Edited by aztek, 13 July 2013 - 02:30 PM.

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#83    Frank Merton

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Posted 13 July 2013 - 02:00 PM

He lies the grave o' Mike O'Day
Who died maintaining his right-of-way.
His right was clear,
His will was strong,
But he's just as dead 'dsif he's been wrong.


#84    aztek

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Posted 13 July 2013 - 02:26 PM

^^^^ my point exactly, he has no effing clue what the thread is about.

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