More Scared Cops Behaving Badly

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skb12172
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More Scared Cops Behaving Badly

Post by skb12172 »

Scare cops and white people, get charged with false crines before eventually getting tagged with, basically, a misdemeanor.

I've never even heard of that bullshit weapons charge. Clearly, it didn't actually exist or apply, since they self-edited the charges to Trespassing, which I doubt even that will stick if he really fights it.

https://amp.click2houston.com/news/into ... police-say
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Langenator
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Re: More Scared Cops Behaving Badly

Post by Langenator »

The story from the Houston Chronicle hyperventilates quite a bit less: http://www.chron.com/news/houston-texas ... =happening

Background: I'm a cop, in Texas, so I'm familiar with the laws. That said, I wasn't there, and I'm just going by news reports.

From what I can gather, the subject was drunk and causing a ruckus in the hotel bar. He was asked to leave by a duly authorized representative of the person in control of the property, i.e., hotel security on behalf of hotel management. According to the Chron story, they tried to get him to go to his room, since he was a hotel guest. He refused, and was beligerent about it, so hotel management called the police. The police told him he needed to leave or go to his room. Once he refused to comply, after being told by a peace officer, he met the definition, under Texas law, of Criminal Trespass. (TPC 30.05(2))

I'm going to guess that when the officer(s) tried to arrest him for CT, he resisted and struck one of them, thus garnering himself the Assaulting a Peace Officer charge.

Not sure what got them up to his room or why; if it was me, I would have simply arrested him for the CT (and Assault if it happened), and then taken him to jail.

The subject does have two DWI convictions (which, in my book, puts him solidly in the category of "People Who Shouldn't Be Drinking, Period") and was out on bail on an Unlawful Carrying of a Weapon charge (from the description, I'm guessing he had a loaded handgun in view in his vehicle, which in TX is a no=no unless you have an LTC, which, given his DWI convictions, I'm guessing he didn't. DWI-2nd is a Class A Misdemeanor, and one of those recently enough will disqualify you for an LTC.)

I'm really trying to figure out what part qualifies as "behaving badly."
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skb12172
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Re: More Scared Cops Behaving Badly

Post by skb12172 »

I guess it doesn't in Texas. None of the weapons charges you mentioned would be a crime in Kentucky. Ironic, that Texas is seen by popular culture as so gun friendly, when clearly it isn't, compared to other places.
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Re: More Scared Cops Behaving Badly

Post by Langenator »

Texas is more restrictive than some states, and I think most of those restrictions, as in most Southern states, can trace their origins to Jim Crow. And since they're already there, it requires positive legislative action to get rid of them, and there are some legislative consituencies who don't want that. (*cough* Speaker Strauss *cough*). It's really tough when you have an anti-gun RINO as the state house speaker.

The news stories aren't really clear as to how the cops ended up in the subject's hotel room, but apparently once they got there, they saw the guns and ammo, and the subject was too drunk to explain why he had them in the room. (Once he sobered up, the explanation was perfectly rational - he didn't want them to get stolen out of his truck.)

The news people heard "guns in a hotel room" right before New Year's Eve and started hyperventilating immediately, without bothering to figure out what was actually going on.
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Netpackrat
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Re: More Scared Cops Behaving Badly

Post by Netpackrat »

I'm told that here in AK, having a firearm in the car in the case of a DWI is pretty much an automatic add on charge.
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Termite
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Re: More Scared Cops Behaving Badly

Post by Termite »

Netpackrat wrote:I'm told that here in AK, having a firearm in the car in the case of a DWI is pretty much an automatic add on charge.
Here in Louisiana, if you have a CCW permit and you are carrying with a BAC of .05% or higher, you get arrested and your CCW gets revolked.

As for simply having a firearm in the car when arrested for DWI, I think that unless you are "brandishing" before being stopped, there is no add-on charge. Firearms in cars/trucks in Louisiana are as comon as "cow patties" on a dairy farm.

I will defer to Pawpaw for further specifics, he's much more knowledgable than I.

I suspect the add-on charges in Houston were due to the suspect in question being a dickhead....... :roll:
Last edited by Termite on Tue Jan 02, 2018 5:09 pm, edited 1 time in total.
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Re: More Scared Cops Behaving Badly

Post by Langenator »

Termite wrote: I suspect the add-on charges in Houston were due to the suspect in question being a dickhead....... :roll:
Drunk dickhead, best I can tell. And apparently violent, too - by my reading of the TPC, you can't get to "Assault on a Peace Officer" (which is a 2nd degree felony) without actually causing injury. The TPC also includes assault by threat, and assault by unwanted contact (both Class C Misdemeanors), but you can only get to AoPO by "intentionally, knowingly, or recklessly causes bodily injury to another" "against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty."

A uniformed cop trying to arrest you for being a drunken dickhead meets that last criteria.
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Re: More Scared Cops Behaving Badly

Post by skb12172 »

I concede your point. I'm still just pissed about the Wichita thing.
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