Improper Traffic Stops

[WildBill]

This isn't CHL related.

http://www.chron.com/disp/story.mpl/met ... 83423.html

http://www.chron.com/disp/story.mpl/front/5383025.html

[srothstein]

He should be charged under PC 39.03 Official Oppression.From the below code, he had no legal authority to make a traffic stop outside of his jurisdiction. Title 7 of the Transportation Code is the rules of the road, such as speeding.

Since the authority is not there, the stop and detention/arrest is illegal. He is responsible for knowing this law, though proving he knew it may be the hard part of the case. Subpoena his training records to prove it.

But, like most cops, I am harder on cops who are wrong like this than most citizens are.

Steve Rothstein



Penal Code
39.03. Official Oppression.

Statute text
(a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

Code of Criminal Procedure
14.03(g) (1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.

2.12. Who Are Peace Officers.

Statute text
The following are peace officers:
(1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;

[rbraughn]

Something is very wrong with this story. I cant see how his actions weren't illegal on some level.


I think this guy was building up his courage to do something really bad to one of these women....I'm glad he got caught before he did.

[dukalmighty]

I guess the chief of police saying what he did isn't illegal is an apparent attempt to try to stop a lawsuit ,I gotta admit if he's pulling over women at night i am getting a really bad vibe and would be looking into any local cases where women might of disappeared.Either that or this guys trying to find a woman that loves a man in uniform,why shucks officer your so big and strong,I bet you carry a big gun

[Odin]

The guy sounds like a

[WildBill]

The guy sounds like a

Well-dressed rodent?

[DoubleJ]

it is a snazzy hat!

[Odin]

The guy sounds like a

Well-dressed rodent?

Squirrel

[KBCraig]

The guy sounds like a

Well-dressed rodent?

Squirrel

Tree rat.

[flintknapper]

I do like that hat.

[Lykoi]

I do like that hat.

where's the thread hijack smiley??

i can't find it, so here's MC HAMMER

[Keith B]

The guy sounds like a

Well-dressed rodent?

OK, at the risk of keeping the hijack going, isn't that Secret Squirrel? (Now, those that know who I am talking about will be showing your age!!)

[numist]

Moracco Mole's mug shot should be showing up any time now.

[Lykoi]

OK, at the risk of keeping the hijack going, isn't that Secret Squirrel? (Now, those that know who I am talking about will be showing your age!!)

I'm only 24... i even know who super squirrel is.

even remember Atom Ant... one of the best cartoons to find old episodes of... they actually have REAL guns sometimes ;)

[flintknapper]

I do like that hat.

where's the thread hijack smiley??

i can't find it, so here's MC HAMMER

Here it is....running away with your thread:







Rats! it didn't animate...?