Got a ticket-strange traffic stop-update...Chiefs Response

[pt145ss]

Hence, effecting a custodial arrest...

I think you mean affecting

No, "effecting" is correct.

Merriam-Webster's Dictionary of Law - Cite This Source - Share This
Main Entry: effect
Function: transitive verb
1 : to cause to come into being
2 : to bring about often by surmounting obstacles <effect a settlement of the dispute>
3 : to put into operation <the duty of the legislature to effect the will of the citizens>


I would definitely change this, though:

I believe this is relevant because both the TX Criminal Court of Appeals and SCOTUS analogies a traffic stop to that of a terry stop.

I've never seen "analogies" used as a verb.

I believe "effecting" is the correct term as well...i also believe the word I should have used is "analogous." "I believe this is relevant because both the TX Criminal Court of Appeals and SCOTUS hold that a traffic stop is analogous to that of a terry stop." Spell check...can't live with it...can't live without it.

Thanks for the input guys. I plan on CCing the City Manager as well as my City Council Member.

[mr.72]

Hence, effecting a custodial arrest...

I think you mean affecting

No, "effecting" is correct.

I stand corrected, my bad... Still good on the OP for following up on this with letters to the Chief. We need to do this more often!

[KC5AV]

Hence, effecting a custodial arrest...

I think you mean affecting

No, "effecting" is correct.

Merriam-Webster's Dictionary of Law - Cite This Source - Share This
Main Entry: effect
Function: transitive verb
1 : to cause to come into being
2 : to bring about often by surmounting obstacles <effect a settlement of the dispute>
3 : to put into operation <the duty of the legislature to effect the will of the citizens>


I would definitely change this, though:

I believe this is relevant because both the TX Criminal Court of Appeals and SCOTUS analogies a traffic stop to that of a terry stop.

I've never seen "analogies" used as a verb.

I believe the correct form is analogize. Beyond the few points mentioned, it is a very well written letter. Please continue to keep us posted.

[DoubleJ]

I plan on responding to the chief with something similar to the letter below:

Mr. Blake:

I appreciate your response to my recent inquiry about Kyle PD policies.

Please be assured that I am not questioning your integrity or your 30 + years of experience and I salute you and all your colleagues for your selfless service to our community.

I must admit though that I am a little disappointed with your response. All though you do not say it directly, it seems that you insinuate that one could be placed in custodial arrest for refusing to answer questions about employment.

Sincerely,
Jim

Although.

good job, otherwise.

[pt145ss]

I had CCed the City Manager, the Mayor, and my City Council Member...this is the City manager's response.

Tom Mattis <tmattis@cityofkyle.com> wrote:
Chief – Just so you know………………..Handle this how you want (I trust your judgment), but my personal philosophy is that he asked his question, we gave him a response, that’s what he is entitled to. We don’t have to debate it – nor does he have to agree with our policies or response. Don’t feel compelled to respond any further.



Tom

Thomas L. Mattis

City Manager

City of Kyle

100 West Center Street P.O. Box 40

(512) 262-1010 (512) 262-3800 fax

[Kalrog]

Nice of the city manager to respond - but he is factually incorrect. A response was given, but not the response to the questions asked. Politicians at work...

[agbullet2k1]

Something about that response doesn't sit well with me. It could be the blatant disregard for politeness. Or maybe the fact that they seem to confuse "response" with "answer." Or maybe it's the tone of complete arrogance.

[mr.72]

he asked his question, we gave him a response, that’s what he is entitled to. We don’t have to debate it – nor does he have to agree with our policies or response. Don’t feel compelled to respond any further.

Wow! That right there is the difference between a city employee and an elected official.

I think if it were me, I would quite happily reply and CC everyone and let them know that if this is the attitude that the city of Kyle has towards visitors, then I will henceforth refrain from spending a single penny in that town as I drive through. Perhaps the city of Buda and/or San Marcos do not have such open disdain for the citizens' concerns.

[flintknapper]

I plan on responding to the chief with something similar to the letter below:

OK apart from my disagreement with your position that the officer should not refrain from asking these questions, I think your letter is well-written and right on. However please correct your two spelling errors before sending it:

...back to my original correspondents in which...

I think you mean correspondence

Hence, effecting a custodial arrest...

I think you mean affecting

Other than that, rock on man!!

Perhaps change "All though" to "Although" and "Two to Too...as is in also". But...hey, I am not the grammer police (mine is terrible).

[mr.72]

Or maybe it's the tone of complete arrogance.

that's it!

[KC5AV]

Let's all email him, and see if we can get a 'response', too.

[pt145ss]

I forwarded his response to my Councilman and the Mayor. I want to wait for their response.

The City manager is wrong. I am entitled to more than what he says I’m entitled to. The First Amendment guarantees me the right to petition the government to redress grievances. Also, I might not have enough standing to make these arguments in a court of law…but there might be enough there to argue this in the court of public opinion.

[pt145ss]

This is the latest response from the Chief. Although he was being somewhat of a smart guy he did directly answer the question this time.

Mr. X:

Thank you for your response.

It may be a perceptual error on your part, but there was no insinuation regarding the arrest of individuals who fails to provide employment information.

A certain percentage of citations written by officers involve individuals who are unemployed; they are not summarily placed under custodial arrest. They are typically released with a citation just as you.

I do not recall advising you in my email that failure to provide employment information as grounds for arrest. Neither Texas , nor any other State that I am aware, have statutes mandating individuals to provide that information, or criminal penalties for failure to do so. I would assume that all licensed Texas peace officers are aware of that fact.

Yes, I and other sworn members of the department do possess copies of the Texas Penal Code.

I trust that we have brought successful closure to your inquiry.

Regards,

Michael Blake

[AEA]

Well, that's good!
He at least admits that he and other departments are intruding on people's privacy.