Some advice please
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srothstein
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I also suggest calling DPS. He can legally run the plates on your car anytime. He can legally run a drivers license check on you anytime (which would give him the CHL info) though there may be DPS internal regulation on it. It is a violation of the law to run a criminal history check on someone without it being related to an investigation. He could have done it through one of the public services, but the odds are he ran it through NCIC. If he did, there will be a trail through the security system.
Either way, DPS would want to know of his actions as a bully. Most of them are good guys and want to clean up the few bad ones. I did note that eh was very careful not to threaten you or mention his official position in any way (from your story). This means he is a fairly smart bully who knows exactly what the law says.
Either way, DPS would want to know of his actions as a bully. Most of them are good guys and want to clean up the few bad ones. I did note that eh was very careful not to threaten you or mention his official position in any way (from your story). This means he is a fairly smart bully who knows exactly what the law says.
Steve Rothstein
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Hamourkiller
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Security cameras with recording capabilities would help to document any future confrontations. They would also show you if he is sneaking around while you are gone. Get it set up so the recording is done away from your house so it cant be "Confiscated" or "Disappeared" if the confrontation does take place. Hopefully he is leaving.
frankie_the_yankee wrote:His gun question indicates he ran a CHL check. CHL info is by law totally confidential now, so he couldn't have gotten it from some non-official database.rx9790 wrote: Hold on a sec. First i agree guy is a jerk and needs to be reported but everyone here is assuming he ran the background offficially. I can run background checks thru Publicdata.com for example perfectly legal. Also, I believe any officer can run plates any time they wish, it is done all the time, they even have autoscanning cameras mounted now. But, I would still report it just in case he did use official equipment to do so.
I would file a complaint against this guy. He doesn't sound like someone who should be on the street with a badge and gun.
Well, he could have sent an official request to DPS as a private person asking if the bevans had a CHL. They are allowed to release this info. Do I think this is what happened - uh - no. I think they let the CHL holder know if someone asks about the license, too.
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seamusTX
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That is no longer possible. Only a law enforcement agency can request that information.Penn wrote:Well, he could have sent an official request to DPS as a private person asking if the bevans had a CHL. They are allowed to release this info.
That is correct.Penn wrote:I think they let the CHL holder know if someone asks about the license, too.
- Jim
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frankie_the_yankee
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kw5kw
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Not unnecessarily. Off duty troopers run traffic at various times for various reasons. Just because a LEO is off duty does not reduce their authority.austin wrote:Definitely call DPS. He has broken the law by running you.
Your garage operation might have given him suspicions of some illegal activity such as a chop shop, that could have/would have given him sufficient reason to run a background check as a part of an investigation.
Russ
kw5kw
Retired DPS Communications Operator PCO III January 2014.
kw5kw
Retired DPS Communications Operator PCO III January 2014.
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LedJedi
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Sit down right now and write out a timeline of events and gather as much documentation as you can. documentation is king.
Report to DPS << this is a must. they dont look kindly on this stuff. Sounds like they probably already have a file on this guy. I highly suggest you do this complaining in writing and by official / verifiable mail so that you can prove your complaints were on file before it gets any worse. I also like to send myself a copy of anything I mail out like that so I have it sealed and post marked with a date if i ever need to prove a notification was sent in court. Put the receipts from you mailing a certified letter in the envelope as well.
A security camera is a great idea. It can be a little pricey but you'd be surprised what you an find on the internet.
This next stuff you might want to talk to a lawyer about.
officially notify him by mail (certified and regular both) that his presence on your property is considered a criminal trespass. You have to get the verbage correct. I just had to do this with one of my neighbors and will be happy to show you what I used, but you'll want your lawyer to look over this too since he's a LEO. This should keep him from coming on to your property to harass you.
He can still do it from his driveway but if you put the pressure on him from DPS and you establish yourself as the victim in the situation first he's going to have a lot less room to maneuver.
it is imperative that you get a proof of history and a documented timeline on this stuff and that you are the first to make any official action / complaint. Otherwise you're going to be backpedaling from here on out.
After the above is done/in motion i was just go on to business as usual and see what (if anything) happens next. In my experience, 99% of folks back off as soon as you start throwing official paperwork their way. At that point they will come to understand you're not a mark and you will stand up for yourself and your rights.
If you HAVE to talk to this guy in the future I would begin every conversation with "Is this encounter considered an official law enforcement action or business? Am I free to go, officer?"
It's very easy to take control of a situation by asserting your rights.
As a side note, it sounds like you've already gone above and beyond to de-escalate this. I wouldnt have had the central air installed unless it was something i wanted to do anyway.
Report to DPS << this is a must. they dont look kindly on this stuff. Sounds like they probably already have a file on this guy. I highly suggest you do this complaining in writing and by official / verifiable mail so that you can prove your complaints were on file before it gets any worse. I also like to send myself a copy of anything I mail out like that so I have it sealed and post marked with a date if i ever need to prove a notification was sent in court. Put the receipts from you mailing a certified letter in the envelope as well.
A security camera is a great idea. It can be a little pricey but you'd be surprised what you an find on the internet.
This next stuff you might want to talk to a lawyer about.
officially notify him by mail (certified and regular both) that his presence on your property is considered a criminal trespass. You have to get the verbage correct. I just had to do this with one of my neighbors and will be happy to show you what I used, but you'll want your lawyer to look over this too since he's a LEO. This should keep him from coming on to your property to harass you.
He can still do it from his driveway but if you put the pressure on him from DPS and you establish yourself as the victim in the situation first he's going to have a lot less room to maneuver.
it is imperative that you get a proof of history and a documented timeline on this stuff and that you are the first to make any official action / complaint. Otherwise you're going to be backpedaling from here on out.
After the above is done/in motion i was just go on to business as usual and see what (if anything) happens next. In my experience, 99% of folks back off as soon as you start throwing official paperwork their way. At that point they will come to understand you're not a mark and you will stand up for yourself and your rights.
If you HAVE to talk to this guy in the future I would begin every conversation with "Is this encounter considered an official law enforcement action or business? Am I free to go, officer?"
It's very easy to take control of a situation by asserting your rights.
As a side note, it sounds like you've already gone above and beyond to de-escalate this. I wouldnt have had the central air installed unless it was something i wanted to do anyway.
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bevans
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UPDATE 2
Well at 1 today I recieved a phone call from HPD s auto theft division. They asked if they could look in my garage and they asked if they could look in a warehouse I own. I stated that I would contact my lawyer and meet them at the warehouse at 3. Well at 3 we all met at the warehouse and my lawyer asked for a warrant and they were saying if I didnt have anything to hide why couldnt they look, finally after 15 min of arguing I opened the door so they would shut up. Let me state first that I work hard for what I have but I am also blessed with parents who share my hobby both emotionally and financally. Inside this family owned warehouse were a 40ft enclosed trailer ,a 63 vette PROMOD< and a monster truck that we use to give rides on at car shows plus about 15 cars of which only 4 are complete cars and they dont all belong to us but also several members of my car club. HPD asked for titles to all cars ,at that point my lawyer stated the obvious point that only the ones with plates and ran would have info available. Finally after an hour they requested to go to my house and see [QUOTE the yellow street rod and the lowered truck] . My lawyer asked them how they were aware that the cars were at my house and they said that they had a tip that I had a stolen truck in my garage. Well same routine [title and proof of ownership etc etc]. One officer is looking at my DADS street rod and asks where the vin was and the seatbelts were and why did we have antique plates on a kit car , my father who is suffering from parkinsons and onset of dementia looked him in the eye and said cause in 1932 they didnt come with seatbelts and the 4 digit VIN is cause the car was built in 1932, his last sentence wasent ten yr old friendly.Well they are finally satisfied and as they are leaving my neighbor who has been harrassing me gets in his truck and leaves, my lawyer followed him and he met the HPD officers at the krogers around the corner.Let me also say this started at 1pm today and they didnt leave till 715pm . I guess that I am going to meet my lawyer in the morning and file a complaint. I was hoping that his moving would circumvent this but he just seems to really dislike me and I have tried to go out of my way not to antagonize the situation.Ya'll wanted to know what was happening so this is where I am at now.
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bevans
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The really sad part of this is what its doing to my kids. I've tried to teach them to respect the police but this makes it hard. I have heard back from my lawyer and we have a 9:30 meeting in his office with someone from DPS that he contacted.I just really wish I knew what I have done to this man to make him do this to my family.