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Houston woman arrested for asserting her constitutional righ

Posted: Tue Jun 26, 2012 10:33 pm
by philip964
http://blog.chron.com/newswatch/2012/06 ... n-in-jail/" onclick="window.open(this.href);return false;

The old warning motorists of a speed trap gets a woman the night in jail.

This is the sort of thing the police in England fine you for. Has Houston sunk this low.

Re: Houston woman arrested for asserting her constitutional

Posted: Tue Jun 26, 2012 11:11 pm
by Glock 23
Can't be messing with the cities revenue generators

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 6:48 am
by Rex B
Wasn't there a recent federal court ruling that this was a form of protected speech?

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 6:50 am
by C-dub
I thought I had seen at least a couple of things in the news about this.

http://www.wtsp.com/news/local/article/ ... ree-speech" onclick="window.open(this.href);return false;

http://www.usatoday.com/news/nation/sto ... 50458176/1" onclick="window.open(this.href);return false;

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 7:49 am
by WildBill
Does anybody know what law she broke?

Sec.A38.05 HINDERING APPREHENSION OR PROSECUTION

(a) person commits an offense if, with intent to hinder the arrest,
prosecution, conviction, or punishment of another for an offense
or, with intent to hinder the arrest, detention, adjudication, or
disposition of a child for engaging in delinquent conduct that
violates a penal law of the state, or with intent to hinder the
arrest of another under the authority of a warrant or capias, he:

(1)harbors or conceals the other;

(2)provides or aids in providing the other with any means of avoiding arrest or effecting escape; or

(3)warns the other of impending discovery or apprehension.

(b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.
(c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.

(d) An offense under this section is a felony of the third
degree if the person who is harbored, concealed, provided with a
means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of a felony, including an offense under Section 62.102,
Code of Criminal Procedure, or is in custody or detention for, is
alleged in a petition to have engaged in, or has been adjudicated as
having engaged in delinquent conduct that violates a penal law of
the grade of felony, including an offense under Section 62.102,
Code of Criminal Procedure, and the person charged under this
section knew that the person they harbored, concealed, provided
with a means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of a felony, or is in custody or detention for, is alleged
in a petition to have engaged in, or has been adjudicated as having
engaged in delinquent conduct that violates a penal law of the grade
of felony.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 7:56 am
by Keith B
Article says 'walking in a roadway when a sidewalk is present.' So, apparently she had parked her bike and was standing out there with her homemade sign. This is the transportation code she was breaking http://law.onecle.com/texas/transportat ... 06.00.html" onclick="window.open(this.href);return false;

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 7:58 am
by Teamless
I remember hearing about people getting pulled over for 'flashing' their high beams at oncoming traffic to get their attention when there were cops ahead.
I have never personally been pulled over for that, but it does make me leery when I flash my high beams in that situation.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 8:01 am
by WildBill
Keith B wrote:Article says 'walking in a roadway when a sidewalk is present.' So, apparently she had parked her bike and was standing out there with her homemade sign. This is the transportation code she was breaking http://law.onecle.com/texas/transportat ... 06.00.html" onclick="window.open(this.href);return false;
Thanks Keith. How would you like to lose your CHL for displaying a paperbag on the side of a road? I can't figure out a way to describe this arrest without violating Forum Rule #1.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 8:04 am
by Keith B
Don't disagree Bill, but it goes to show that if a cop knows the laws, there is probably something you can use to cite someone on if you want to.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 8:06 am
by WildBill
Keith B wrote:Don't disagree Bill, but it goes to show that if a cop knows the laws, there is probably something you can use to cite someone on if you want to.
:iagree: And that is a very scary thought. Most people don't care when these laws get used to arrest a BG when they can't get them for anything else or to hold them until they can build a case. It's only when they are used against a "good guy" that people object.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 8:12 am
by chasfm11
Keith B wrote:Don't disagree Bill, but it goes to show that if a cop knows the laws, there is probably something you can use to cite someone on if you want to.
But isn't the "walking on the roadway when there is an existing sidewalk" the equivalent of J walking (crossing the street at other than a corner) and subject to a fine, not jail time? It is the trip with the connected bracelets that has me puzzled in this case. I didn't think that this kind of a misdemeanor could be used to take you to jail.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 8:38 am
by Keith B
chasfm11 wrote:
Keith B wrote:Don't disagree Bill, but it goes to show that if a cop knows the laws, there is probably something you can use to cite someone on if you want to.
But isn't the "walking on the roadway when there is an existing sidewalk" the equivalent of J walking (crossing the street at other than a corner) and subject to a fine, not jail time? It is the trip with the connected bracelets that has me puzzled in this case. I didn't think that this kind of a misdemeanor could be used to take you to jail.
I'm sure there is more to the story than we know from the article. Either way, the cop should have just moved to another locaiton temporarily and then came back in 15 minutes after she had left. Would have been much easier for both parties.

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 9:48 am
by WildBill
Keith B wrote:
chasfm11 wrote:
Keith B wrote:Don't disagree Bill, but it goes to show that if a cop knows the laws, there is probably something you can use to cite someone on if you want to.
But isn't the "walking on the roadway when there is an existing sidewalk" the equivalent of J walking (crossing the street at other than a corner) and subject to a fine, not jail time? It is the trip with the connected bracelets that has me puzzled in this case. I didn't think that this kind of a misdemeanor could be used to take you to jail.
I'm sure there is more to the story than we know from the article. Either way, the cop should have just moved to another locaiton temporarily and then came back in 15 minutes after she had left. Would have been much easier for both parties.
I wonder if he gave the woman an opportunity to leave before he arrested her. :headscratch

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 10:05 am
by WildBill
Rex B wrote:Wasn't there a recent federal court ruling that this was a form of protected speech?
There was one case I read that flashing your lights to warn drivers about a speed trap was ruled by a court as "free speech."

Re: Houston woman arrested for asserting her constitutional

Posted: Wed Jun 27, 2012 1:16 pm
by C-dub
WildBill wrote:
Rex B wrote:Wasn't there a recent federal court ruling that this was a form of protected speech?
There was one case I read that flashing your lights to warn drivers about a speed trap was ruled by a court as "free speech."
Yes. See above. Or below.
I thought I had seen at least a couple of things in the news about this.

http://www.wtsp.com/news/local/article/" onclick="window.open(this.href);return false; ... ree-speech

http://www.usatoday.com/news/nation/sto" onclick="window.open(this.href);return false; ... 50458176/1