Search found 6 matches

by Rex B
Tue Sep 11, 2012 11:10 am
Forum: General Texas CHL Discussion
Topic: Dallas Police Officer threatens to Revoke my license
Replies: 117
Views: 20248

Re: Dallas Police Officer threatens to Revoke my license

RoyGBiv wrote:"I was just trying to teach you a lesson" is probably the worst possible excuse he could have written. I would feel compelled to have a face to face conversation with his training officer and his Captain if that's the response I received to a politely worded letter of concern.

A professional officer would have said "I apologize for my lack of knowledge on this particular facet of the law and will do some follow up reading on the statutes as well as have further discussions with my training officer to remedy my knowledge gap. Thank you for your polite and professional manner in handling this issue when I stopped you and also for your similarly polite letter of concern. I look forward to serving you and the citizens of Dallas for many years. Sincerely, Officer Not-so-smart"
:iagree:
by Rex B
Tue Sep 11, 2012 10:51 am
Forum: General Texas CHL Discussion
Topic: Dallas Police Officer threatens to Revoke my license
Replies: 117
Views: 20248

Re: Dallas Police Officer threatens to Revoke my license

"tort claims act notice"

What is that exactly - telling them you think you have grounds for a lawsuit?
by Rex B
Tue Sep 11, 2012 10:39 am
Forum: General Texas CHL Discussion
Topic: Dallas Police Officer threatens to Revoke my license
Replies: 117
Views: 20248

Re: Dallas Police Officer threatens to Revoke my license

sjfcontrol wrote:
knoxknoxrocks wrote: Part of me wonders if I should request the dash-cam video in case something unusual happens. I know a few people have said leave it alone but he is a TRAINEE, hired in 2010.
Really? That means he's been a trainee for 2-3 years. Is an officer still considered a trainee after all that time?
I wondered the same thing.
Sounds to me like the guy did not apologize, and he should have. He was wrong, and he exacerbated it with intimidation tactics and a warrantless search.
He needs to understand that he was being intimidating and at the same time did not know the law he was using to do so.
Whomever is training this officer should have said. " I will address this issue with the officer to ensure he understands the law".
Some sort of followup report to you would be good, but not required.

I don't think anything "unusual" should happen, although I'd be minding my Ps & Qs driving around in his jurisdiction.
by Rex B
Tue Sep 11, 2012 8:10 am
Forum: General Texas CHL Discussion
Topic: Dallas Police Officer threatens to Revoke my license
Replies: 117
Views: 20248

Re: Dallas Police Officer threatens to Revoke my license

RSJ wrote:
Reds45ACP wrote:
RSJ wrote:Automobile exception, under which officer may conduct warrantless search of motor vehicle if officer has probable cause to believe vehicle contains evidence of crime, extends to all types of motor vehicles.
--holding from Powell v. State (of TX) 898 S.W.2d 821
... :shock: Really? I'm relatively new to Texas. That's scary. So if I violate a traffic ordinance then my vehicle is evidence in a crime. So they can search? Does that extend to searching my person as well? This is the first law in Texas that I'm not happy about. That's, as far as I'm concerned, case law that opposes the 4th Amendment.
The automobile exception is present in all jurisdictions, at least that I've come across.
If you have been stopped for a typical misdemeanor - no license light for example - the police can call that a crime and the vehicle considered evidence? That's a big stretch!
If that were happening very often II would hope there is a backlash from the citizenry.
by Rex B
Mon Sep 10, 2012 7:45 pm
Forum: General Texas CHL Discussion
Topic: Dallas Police Officer threatens to Revoke my license
Replies: 117
Views: 20248

Re: Dallas Police Officer threatens to Revoke my license

The fact that you loudly and specifically refuse to give consent for a warrantless search does not mean they won't still search. But you do want it on tape and on the record that it was not consensual. If they find ( or "find") something in a warrantless search without PC or other legal justification, then whatever they find is not admissable.
by Rex B
Mon Sep 10, 2012 3:28 pm
Forum: General Texas CHL Discussion
Topic: Dallas Police Officer threatens to Revoke my license
Replies: 117
Views: 20248

Re: Dallas Police Officer threatens to Revoke my license

90% of the citizenry would be intimidated and would consent, because they don't know they can - and should - refuse.
Remember that all stops are now recorded on dash-cam video, with a microphone on the policeman to pick up the conversation.
Learn the law, know your rights, stand your ground.
Don't let a cop on a power trip cow you.

"I do not consent to searches"

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