Some advice please

[G.A. Heath]

bevans, You and your lawyer may wish to document his interactions with the others in your neighborhood as it seems If your lawyer is unaware of the previous contacts he and your neighbors had then you should make him away of them prior to talking to the DPS official.

[srothstein]

Okay, two obvious bits of advice.

First, when a lawyer advises you to demand a warrant, go with the lawyer's advice. That is what you are paying him for. Do this even when you KNOW there is nothing in there that is illegal. It would help destroy the close working relationship between the detectives and the DPS trooper. The detectives are probably just relying on his being a cop too, but if they get burned a few times by being made to work and then finding nothing, they wills top listening to him. Detectives are becoming much more cautious about probable cause affidavits (one of the few benefits of the Atlanta shooting).

Second, have the lawyer file a complaint with DPS tomorrow morning. From your description, this is someone the DPS IA would love to know about. Also, I would take it as a personal favor since one of my personal missions is to get rid of cops who abuse their authority. I hate crooked cops, and I consider this to be crooked.

[ELB]

Yes by all means complain to DPS; make sure your lawyer knows about the interactions with your other neighbors; and make sure THEY know they can complain to DPS. Your complaint will get a lot more attention if half a dozen others come in about the same guy.

elb

[frankie_the_yankee]

I think this cop is getting dangerously close to violating the "official oppression" statute. IMO, he should be locked up.

[gregthehand]

Ok I've heard a lot of responses so far that equate to "hang this guy out to dry". The guy may have done something wrong at this point. Please can we at least tone down the internet justice we are dealing out to this guy? Also it's been pointed out that he's moving. So I'm sorry I may look like some kind of pacifist but why not just let it go? Is it REALLY worth ruining a guys career over? Some will say yes but I say no. He *possibly* ran a background check (which many here have reported to have done on publicdata.com) and maybe ran the OP's license. Or maybe he asked around the hood and some other nosey neighbor told him you had a CHL; if they knew. Only the OP can say for certain whether or not anyone around him knows. Also maybe when the cop moved in he asked around the hood about the neighbors. Maybe someone was already nosey and started giving info on everyone who has ever lived there that has ever been in trouble with the law. They know the OP was because there brother's friends cousin went to school with him and told them so. It happens. Just my opinion and I'm sure to some who have posted it will fall on deaf ears (eyes). I say if the guys moving just let him move.

[Hamourkiller]

If this situation is as described by Bevans, and I see no reason to suspect otherwise, the cop has already started a process that will lead to a confrontation.
Either through the law and lawyers as the defensive tools or through a physical fight.
The cop has turned the ploice forces into a personal vindetta machine and hope fully Bevans lawyer can get this stopped.
But what if this guy shows up in his police gear and wants to do harm? Are your present weapons going to work? If not they need to be adjusted and your tactics need to be adjusted.
Defense of ones person and family are not to be taken lightly and reality must be recognised and adjusted too. Again if things are as stated by Bevans, then an irational policeman has made a choice to target Bevans and his family. What can this cop do?
He has already sent the police to investigate Bevans because he owns cars and rebuilds them, made him out to be a thief and chop shop gangster.
What is his next move? Is it unreasonable to assume he will plant evidence before his next "Tip" to authorities? I think not.
Is it unreasonble to think he might go over the edge when the lawyers and IAD get on his case? I think not.
So I hope Bevans lawyer works out and the system protects him, but what if it does not?
This is a nightmare for Bevans and his family, I suspect it will not end quickly.

[frankie_the_yankee]

Is it REALLY worth ruining a guys career over? Some will say yes but I say no.

Given that he caused HPD to show up wanting to search the guy's garage and warehouse, I say "ABSOLUTELY".

There's no way I want a guy with this mentality out on the streets with a badge and a gun.

He clearly fits the profile of a guy who became a cop for the wrong reasons.

IMO, he has violated the official oppression statute, though proving it beyond a reasonable doubt might be difficult.

If this guy wants to work for the government they should put him on a crew cleaning out storm drains.

(I saw this on an episope of the TV show "Dirty Jobs". Man, it's dirty! )

[CHL/LEO]

file a complaint

You might want to look at filing a lawsuit.

You should have taken your attorney's advice regarding the search warrant. If they would have actually gotten a search warrant they would have had to spell out exactly why they were requesting one and in this case who their "source" was.

Based upon the facts that you've presented so far I would have your attorney file against him personally and against his department. If his department responds back that he was acting on his own accord then you've got him personally. Plus, his department will know what kind of officer he is and should deal with him accordingly.

Also, be sure and have your attorney research the NCIC/TCIC check that was done on you as part of his discovery process. That's probably going to be another area he will get jammed up in.

[seamusTX]

I'm not going to give advice, but I'm going to say a few things about lawsuits.

If you don't have the potential to get huge damages (which I don't think this case has), you have to pay the lawyer upfront. It's a lot of money, and the case may not be settled for years.

The average working-class person does not have enough assets to make suing them worthwhile.

Having a lawsuit in the works means that the defendant and plaintiff are entangled for years, like a bad divorce.

The defendant can make life uncomfortable for the plaintiff by taking depositions and other legal actions.

- Jim

[Keith B]

I would at minimum try to get an temporary restraining order ex parte against the guy. That way he won't know it is issued and try to make a deal about it. If he is off duty and sets foot on your property, then you have him. If he is on duty, get a commitment from the DPS supervisor(s) that he will not come on property.

He sounds like he is one of those overbearing individuals who think they are above the law because he IS the law. He may be trying to make everyone in the neighborhood stay low key while he sells the property. His thinking may be your garage will be a hindrance to the sale, and keeping others quiet and out of site will not be a deterrent for a potential buyer. Problem is he is way overstepping his bounds no matter what.

This could be a dangerous situation, so keeping him at bay and everyone aware he is a potential threat with a history trail will pay off if anything goes down.

[gregthehand]

I would at minimum try to get an temporary restraining order ex parte against the guy.

He can't get an Ex Parte Restraing order mostly because there is no such thing as one. In Texas the only kind of contact restraint a magistrate may place on a person "ex parte" is a protective order.

Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is a clear and present danger of a sexual assault
or other harm to the applicant, the court, without further notice to
the alleged offender and without a hearing, may enter a temporary ex
parte order for the protection of the applicant or any other member
of the applicant's family or household.

Everything else the person has a right to show up and defend themselves. If the OP decides he wants to file a complaint, and make a case he can ask for a "No Contact" order from the Judge or a Peace Bond. If the officer violates the first he answers to the judge and would be probably charged with contempt. If he has a peace bond the officer and more than likely the plaintuff would have to post bond. If either of them violated they would lose the bond. I've served a lot of the first two and very few peace bonds. If the OP takes it all the way his safest bet will be asking for a "no contact" order. However the Magistrate will more than likely impose the rule and the officer would not be allowed to talk to the OP anyhow about anything having to do with the case. Since the case would have to do with his contact about everything thus far and the officers investigation thus far he pretty much wouldn't be able to talk to the OP.

[bevans]

well after meeting with a higher up from Dps this morning at my lawyers office we have a idea of what this man has against me and its the wierdest excuse I've ever heard of [basically he doesnt approve of the way I live]. We were able to recieve written confirmation that he is to cease and desist from harrassing myself and my family. Being as how he is a captain in DPS we have learned that he will be transferring to El Paso and will be working in a DL branch there, we also learned he has a restraining order out by his wife [soon to be ex wife] who oddly works for the same company my spouse. We were also told that he has a sale pending on his house but will be staying at a apartment he also has.Maybe this is all over , I hope so .

[frankie_the_yankee]

So he has a restraining order out on him. Why am I not surprised? It look like he will be out of your hair and that's good. But he still will be carrying a badge in TX and that's bad for the rest of us. At least in El Paso he will be as far away from most of as possible. (Sorry in advance to any folks who live in El Paso.)

My prediction is that this guy is gonna cause problems for himself and others in the future, and that there's a chance these problems could be prevented now if he was canned.

Note, I'm not suggesting canning him for something he might do in the future. I'm saying he should be canned for what he has already done.

BTW, it must be some cute restraining order he has that allows for him to still carry a gun. How con-veeeeeeeeen-ient.

[ELB]

Wow. I had earlier speculated that he might have a file with some other complaints, but a restraining order too. Whaddyaknow.

I assume your lawyer is going to chat with the HPD Auto Theft guys to let them know they were tools of his harassment campaign against you?

I hope he is out of your hair for good. Best wishes.

elb

[Lucky45]

isn't the Drivers license branch where DPS send troopers with disciplinary problems?