APD officer handcuffs 2 CHLs for not allowing search

[jamullinstx]

This didn't happen to me, so I hope this sub-forum is the correct place for it. I haven't seen it posted or discussed on TexasCHLforum, yet. All the details are at this link:

http://www.kxan.com/dpp/mobile/Traffic_ ... _complaint

[Tireshred]

From what others have said on this forum, Austin isn't on the bandwagon with CHL's, not surprising seeing how liberal they are in general I guess. I good friend of mine went to UT and became a doctor, his son is now becoming one but at A&M.

[surprise_i'm_armed]

Discrepancies in the story:
1. The driver stated that he had no guns in the car, but the officer
confiscated 2 guns, apparently 1 from the driver and one from passenger
Ou. Is that a flat out lie on the driver's part, or was it correct AFTER the
APD officer had confiscated their handguns. Leaving zero weapons in the
car at that point?
2. He stated that he had ammo in the car. But ammo's legal, so what's the
problem? I do totally agree with turning down permission to search my vehicle,
though.
3. During the re-creation of the call by the passenger to Austin PD dispatch,
he states that they are in a Honda. But the video shows him sitting in, then
exiting, a Saturn.

***************************************************************************************
Isn't it rather common for LEO's to break the windows of drivers who have
lead them on a chase? There's more to his firing than is explained here.

SIA

[3dfxMM]

3. During the re-creation of the call by the passenger to Austin PD dispatch,
he states that they are in a Honda. But the video shows him sitting in, then
exiting, a Saturn.

It was a reenactment. There was no indication of whether or not it was the same car that was originally stopped.

[mikeintexas]

SIA, my assumption (and you know how those go) was after the two exited the car, there were no guns in the car because they were both concealed and on their person...

Hard to say.

But, in my opinion, leaving the guns by a fire hydrant 30 yards away is unacceptable anytime anywhere!

Again, my $0.02 worth.

[AEA]

Little Kalafornia right here in Texas!

And we used to think that Houston (Rosenthal) was bad.......

Now Austin PD just make up whatever Laws/Rules/Actions they feel like.

This is all assuming that the News report was accurate, which it probably was not and probably downplayed the real story

[Kevinf2349]

As no charges appear to have been filed then one has to assume (always dangerous) that the story has the ring of truth about it.

Lets hope that the supervisor is included in the internal review for not metaphorically slapping the officer and reminding him of the LAW he promised to uphold saying that the firearms are to be handed back (not dropped behind a fire hydrant).

I know the police have a difficult job, but they chose the profession, if they chose it to BE the law or have an ego trip then shame on them.

[suthdj]

SIA, my assumption (and you know how those go) was after the two exited the car, there were no guns in the car because they were both concealed and on their person...

Hard to say.

But, in my opinion, leaving the guns by a fire hydrant 30 yards away is unacceptable anytime anywhere!

Again, my $0.02 worth.

I might be wrong but you don't have to tell a LEO what you do or do not have in the car and lying is not illegal, last I knew police use it to their advantage.

[android]

I might be wrong but you don't have to tell a LEO what you do or do not have in the car and lying is not illegal, last I knew police use it to their advantage.

Best to shut up. Also, lock the car and put keys in pocket if you are asked to get out. Windows should already be rolled up except for driver's side. This is to avoid miscommunication*.

*such as when LEO asks some type of double negative question in order to obtain consent from you to search your vehicle. Example: "You don't mind if I look around inside your car do you?"

[RiverRat]

Little Kalafornia right here in Texas!

And we used to think that Houston (Rosenthal) was bad.......

Now Austin PD just make up whatever Laws/Rules/Actions they feel like.

This is all assuming that the News report was accurate, which it probably was not and probably downplayed the real story

The Austin Police chief is a California import (like no local candidates were qualified ).......he has brought with him several lame law enforcement ideas.....wonder what the true story is? Sounds like a bully tried to bully someone that knew the law. We will probably never hear the "real" story.

Noticed they were trying to discredit the ex-cop by telling about him being fired, which has nothing to do with his right not to allow an illegal search or protest the obvious harassment by the APD officer.

[Nicolai]

The Austin Mayor is one of few in Texas that is on Bloomberg's list of Mayors Against Illegal Guns (whatever they are). Can you say People's Republic of Austin?

[DEADEYE1964]

I agree, we will probably never know the real story. If it is a LEO that is abusing his power, I hope he gets what is coming to him one day. I think those kind of people are scum of the earth. I know there are a lot of good LEO'S out there but these people stand out and make them all look bad. If I were a LEO, I would hope the scum would move on and do something else for a living.

[McKnife]

If the story is accurate, I expect nothing less than the APD cop's termination -- even have his license revoked.

We'll have a better view when the dashcam video is released.

[C-dub]

I might be wrong but you don't have to tell a LEO what you do or do not have in the car and lying is not illegal, last I knew police use it to their advantage.

Lying is not illegal, but, I believe, lying to a police officer is.

[McKnife]

Lying is not illegal, but, I believe, lying to a police officer is.

Lying to a police officer is not illegal. In fact, after as many negative incidents I've experienced and heard of, it's actually encouraged at times.

E.g. Officer asks if I have live ammo on my person at a gun show. Just say no.