You were good to insist that he follow the procedures, including producing a TCLEOSE card and arrest warrant.
"Do you have a warrant?"
"Yes."
"May I see it?"
You guys have some good points but the officer does NOT have to have the arrest warrant with them. Search warrants, however, do have to be shown during execution...but not arrest warrants.
CCP Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN. In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provisions of this Code, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information, and beginning immediately when the warrant is executed the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours. A person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies.
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
NRA - Life Member
"Quis custodiet ipsos custodes?"
Μολών λαβέ!
I was unfortunately taken into custody precisely for having a CHL. Constable's deputy ran out in front of my car on a 3 lane Houston boulevard, wearing a sidearm high and tight that looked like it was stuck in his waistband. It was dark, about 6:30 PM, I was on my way home from work. He was not wearing a uniform or anything that to identify him as LE, and in fact was working a security job I later found out, so what on Sam's Hill he was doing running across the street I'll never know. (My gut feeling is that he was crossing the street to pick up his drugs.) My total encounter with him lasted 10 seconds maybe; I slammed on the brakes and he stopped running right in front of me, staring at me and walking towrds my car; you're thinking what I'm thinking - carjacking. I picked up my holstered .40 cal 5" barrel and watched the dude with three eyes as he walked slowly towards my car, I didn't draw the pistol from the holster. I had my eyes glued to his hands, and both hands on my holstered gun....he came within 10 feet of my car and screamed "I'm a police officer" He almost bought the farm right there - what LEO would do any of this?
He saved himself by walking backwards and screaming at me to pull over. Pistol, still holstered, went into the center compartment, I pulled over. Once out of my car, he ordered me to walk 30 feet away (another "smart" LE move) and then barged into my car, searching through the vehicle, and 2 minutes later came out with my pistol. A few other security guys showed up calmly a few minutes later, uniformed, and after 20 muntes, Houston PD. I gave them my CHL, driver's license, was accused of being drunk and given a field sobriety. Right now you're thinking I must have been drinking, right? The Houston officer - polite, professional but I'm telling y'all now, a TRUE IDIOT, even said, "the securty officer says he smells alcohol". Then I was asked for ID and handed them my DL and CHL. It all got better from there, 27 hours later I was bailed out of the county jail charged with a first degree felony, armed assault of a peace officer. I will say all HPD after that were polite and professional and everyone of them pulled me aside to say "You? Assault on a peace officer?" After getting a good look at the vast majority of guests in the police dept's lock-up and the county jail holding tanks, I understood why they didn't believe it. One month later the charge was tossed unanimously by the Grand Jury, only I testified, the jurors looked at the Ass't DA and several times asked him where the HPD traffic cop was and where was the deputy and why they didn't come to testify. DA replied that he could not comment.
I was treated well, was never read my rights and did not know the charges until 20 minutes before being released on $30,000 bond. After all was said and done, this was a numb nut, corrupt, arrogant deputy following the Harris DA's order to arrest anyone in a car with a firearm, the new law for which had taken effect just a week earlier, the law that alows a pistol without a CHL in a car. The charge was that I pointed the pistol at him, and he summoned HPD by saying I was drunk (absolutely false, but effective). He never explained in his report why he never drew his weapon; a .40 cal stainless steel Taurus with a 5" barrel is as menacing looking a pistol as there is; any LEO being threatened by such a gun would draw and empty the clip. Had I pointed the gun at him, he would no longer be with us. (Staff Sgt Sandle taught me that well 34 years ago.) Once the deputy and HPD traffic unit found out I had a CHL, they invented that I was drunk and when the sobriety test proved otherwise, he and HPD invented the "pointed his pistol at me" story.
The entire affair was expunged. Bottom line, if you are taken into custody, be cooperative and say as little as possible. AS LITTLE as possible. Had I said anything more than the very little I did (going home from work, no I have not been drinking alcohol) they would have invented even worse things.
If you are a LEO you likely already know there are some rotten-to-the-core 5 star scumbags in your profession, and there's a blue line of cooperation; one officer will almost NEVER doubt the story of another no matter HOW empty it is - ("He pointed a gun at me!" Answer "Oh yeah? And you didn't defend yourself?")
If you are a law abiding citizen like me, be respectful of LEO but be cautious, thsy may not be your friend, or maybe they are - how do you know?
My CHL was returned 2 weeks after the No-Bill and Houston PD Homicide returned my pistol, less ammunition, arrest record and felony charges erased. Apparently Homicide is ordered by a District Judge to return a firearm about once a decade, from the reaction I got when I went to get it. (My son, 2LT USMC Infantry is now carrying that weapon.) Be safe y'all and be careful.
