Cuffed & Stuffed Police Report

[jmra]

If I remember the orginal post correctly, this went before the judge and charges were dismissed. Given the information that you currently have and the fact that you can't get this off your record for 2 years, I think I would petition the court for an immediate trial by judge to obtain a not guilty verdict (a not guilty verdict would be a slam dunk if you could be assured of the same judge). This would clear your record and bring to the judges attention the actions of the officer and PD. The media attention might also get the NRA to get off their butts. I also would bet that you would have lawyers knocking on your door to assist you in a civil suit.

I would love to see the LEO explain his report under oath.

[boomerang]

I was sitting 4 seats behind the man when he got up and walked to the help counter. He reached into his back pocket for his wallet, lifted his shirt and I saw a black handgun tucked into his pants. I feared for my and my Sons life and ran to my car & called 911.

Interesting. So it turns out it wasn't the security guard who called it in.

[ELB]

If I remember the orginal post correctly, this went before the judge and charges were dismissed. Given the information that you currently have and the fact that you can't get this off your record for 2 years, I think I would petition the court for an immediate trial by judge to obtain a not guilty verdict (a not guilty verdict would be a slam dunk if you could be assured of the same judge). This would clear your record and bring to the judges attention the actions of the officer and PD. The media attention might also get the NRA to get off their butts. I also would bet that you would have lawyers knocking on your door to assist you in a civil suit.

I would love to see the LEO explain his report under oath.

I can't imagine why, having won, he would do this. Will not change his 'record'. He will still have to report the arrest on any serious document (i.e. CHL renewal, security clearance, etc). Having charges dismissed before trial, especially if the DA asked to have the charges dismissed, is as close to an "Innocent" verdict as you are going to get. Having a trial says there was at least enough evidence to proceed, and a "Not Guilty" is certainly not the same as "Innocent." ???

Oh, and not to mention the $$$ he would have to pay his attorney, or the not-zero chance that he would get a judge who does not view citizen carry favorably and just might buy that raising your shirt to get your wallet qualifies as "intentional."

[gigag04]

That reads like a "public narrative" side of the report...where all you do is describe the elements of the offense. It is not the actual step by step series of events as they took place.

There should be a non-public side, which will most likely consist of the officer's probable cause statement. The public side is what newspapers get for the daily updates.

It's all public record as you know. I'm not going to scan and post 18 pages of a step by step report that describes two people minding their own business. Anyone can contact Records at the RRPD and request a copy. You will see there is nothing pertinent that I have left out. In fact if you can find anything in the report that justifies my arrest I will buy you a steak dinner. You can send me the bill.

No - because (no offense intended) - I don't care that much. A public narrative of a report is not near enough to base an opinion off of, IMO. The only thing it establishes is what offense took place, when and where it occured, who, if anyone, was arrested, and what they were charged with. Also a victims name may or may not be in it. It is not a true "report."

If you got a copy of the non-public narrative under a full open records request (which is available for sure) then that part contains the actual reporting - and it will give others an insight into the officer's train of thought.

[RPB]

handog; Thanks for posting that voluntary statement, and other details.
Perhaps it will allay some new licensees anxiety re: "Printing"
I'm only a few minutes from Cedar Park/Round Rock myself, so I'm interested.
I now carry my Cards/ID wallet in my top shirt pocket of my Gauyabarra Shirt, and a money clip in another pocket, with pistol at 3:00. Mostly because it would be easy to get at with no Officer anxiety during a traffic stop, should one ever occur.
Thanks again.

[handog]

That reads like a "public narrative" side of the report...where all you do is describe the elements of the offense. It is not the actual step by step series of events as they took place.

There should be a non-public side, which will most likely consist of the officer's probable cause statement. The public side is what newspapers get for the daily updates.

It's all public record as you know. I'm not going to scan and post 18 pages of a step by step report that describes two people minding their own business. Anyone can contact Records at the RRPD and request a copy. You will see there is nothing pertinent that I have left out. In fact if you can find anything in the report that justifies my arrest I will buy you a steak dinner. You can send me the bill.

No - because (no offense intended) - I don't care that much. A public narrative of a report is not near enough to base an opinion off of, IMO. The only thing it establishes is what offense took place, when and where it occured, who, if anyone, was arrested, and what they were charged with. Also a victims name may or may not be in it. It is not a true "report."

If you got a copy of the non-public narrative under a full open records request (which is available for sure) then that part contains the actual reporting - and it will give others an insight into the officer's train of thought.

No offense taken. I think the arresting officer had the same "I don’t care that much" attitude when he made the arrest and wrote the report. He clearly added the word intentional to the report to cover his rear end. If there was a witness claiming I intentionally revealed my hand gun I'm sure it would have been included in the so called "Not true report" that was sent to me.

There are cops who believe the ordinary citizen should not be able to CC and I believe that I was stopped by one of them. Why? Because the only question I was asked was “Are you a cop?” I replied “no” and the next thing I knew I was sitting in a jail cell.
Again, he didn’t care that much about the details.

[HighHandicap]

I guess we should all get tattoos across our backs that say, "I am licensed to carry this firearm". It works even if you don't have your pistol on you!

I generally tuck in my shirts so I figure that habit will continue when I get my CHL. I haven't kept my wallet in my back pocket for years. I think it was a trip to Panama with the Army that they told us to keep it up front.

[gigag04]

Again, he didn’t care that much about the details.

Details are probably contained in his 18 page report no?

And adding the word "intentional" is straight copying out of the penal code - every report will have the wording from the PC of the offense in the public side of the narrative.

Ex:

"(victim) said that she was assaulted by the known suspect striking her right eye with a fist, causing injury. The suspect was a family member."

I wasn't there, I don't know that he did, but the marks and her statement seem to fit - if she is willing to prosecute this fictitious known suspect will be arrested, for class A family violence - injury. And that statement says exactly that.

[jmra]

If I remember the orginal post correctly, this went before the judge and charges were dismissed. Given the information that you currently have and the fact that you can't get this off your record for 2 years, I think I would petition the court for an immediate trial by judge to obtain a not guilty verdict (a not guilty verdict would be a slam dunk if you could be assured of the same judge). This would clear your record and bring to the judges attention the actions of the officer and PD. The media attention might also get the NRA to get off their butts. I also would bet that you would have lawyers knocking on your door to assist you in a civil suit.

I would love to see the LEO explain his report under oath.

I can't imagine why, having won, he would do this. Will not change his 'record'. He will still have to report the arrest on any serious document (i.e. CHL renewal, security clearance, etc). Having charges dismissed before trial, especially if the DA asked to have the charges dismissed, is as close to an "Innocent" verdict as you are going to get. Having a trial says there was at least enough evidence to proceed, and a "Not Guilty" is certainly not the same as "Innocent." ???

Oh, and not to mention the $$$ he would have to pay his attorney, or the not-zero chance that he would get a judge who does not view citizen carry favorably and just might buy that raising your shirt to get your wallet qualifies as "intentional."

I would do it so I would not have to look over my shoulder for the next two years (get a new DA and charges can be refiled). Sometimes justice is more important than money. However, I believe the money spent would be a great investment. Once the LEO was proven in court to be the criminal he appears to be, lawyers would be begging to take up the civil case.

[MojoTexas]

I was sitting 4 seats behind the man when he got up and walked to the help counter. He reached into his back pocket for his wallet, lifted his shirt and I saw a black handgun tucked into his pants. I feared for my and my Sons life and ran to my car & called 911.

Interesting. So it turns out it wasn't the security guard who called it in.

This is EXACTLY what my CHL instructor (Dave Hammers from the Bullet Trap) warned our class about. Round Rock is just north of Austin, which is like a little pocket of California deep in the heart of Texas. I love Austin as a city, and used to live there, but if you're going to find liberal-minded gun-haters anywhere in the state, that's where I'd start looking first. I actually know a woman that was in my class back in high school that now lives in Austin, and she and I have had numerous Second Amendment debates via email and Facebook. She's your typical Oprah-loving liberal "guns are scary" type of gal, and she fits right in with the Austin crowd.

As it's been said before, concealed means concealed, or else you might have to go through a grueling ordeal like handog did. If you print in front of one of the Brady nuts, you can fully expect that they will immediately call 911 "in fear for their lives."

[TxRVer]

I'd suggest you get your lawyer to petition the court to expunge the arrest record.

[handog]

My new P380 and DeSantis Nemesis pocket holder have arrived. It's my stay out of jail rig. Smaller yes, but I figure one between the eyes will drop any bad guy. After 2 in the chest and 1 in the head the bad guys won't say, " that's only a .380". I also bought a box of RBCD ammo; I was told they explode on contact so I got a bit exited but after reading some reviews I'm not sure they were worth the high price.

[handog]

Again, he didn’t care that much about the details.

Details are probably contained in his 18 page report no?



Ex:

"(victim) said that she was assaulted by the known suspect striking her right eye with a fist, causing injury. The suspect was a family member."

I wasn't there, I don't know that he did, but the marks and her statement seem to fit - if she is willing to prosecute this fictitious known suspect will be arrested, for class A family violence - injury. And that statement says exactly that.

OK back on topic..

The details are there but not significant. Again, it describes two people minding their own business. Sitting, walking to the car so on..

"And adding the word "intentional" is straight copying out of the penal code - every report will have the wording from the PC of the offense in the public side of the narrative."

Yes, in this case it was make the arrest. I'll find the penal code violation later. If I can't find one I can rewrite history a little to validate the arrest. If the charges don't stick because of that pesky word "intentional" well..no skin off my nose right boys


Any volunteers to start my car in the morning?

[marksiwel]

Thanks for Posting, sounds like some Bull Hockey to me.
Dang Californians need to get out of Round Rock

[blue]

OK. Now, has anyone got any ideas how to ? :

1) Prevent this happening again?
2) Severe penalties to those intiating/causing this sort of thing happening?
3) Automatic TOTAL removal from records when innocent.
4) Other?

2011 is comming soon, we need to get some laws to PROTECT CHLers. We walk the tightrope and certainly should be protected from what Handog has gone thru.