Do not go into Killeen. You will be sorry.

[handog]

If the stop was recorded, you could try and submit an open record request for the audio/video.

Speed traps are all to common here in TX. It is all about the $$$.

Here's my recent experience. I plead not guilty to 10 MPH over the speed limit. There is absolutely no doubt in my mind I was we'll within the limit. I sent a request for a copy of all records regarding the maintenance and calibration of the radar
Gun. A copy of the certification issued to the officer involving the use of said radar. A copy of the engineering and traffic survey for the street I was ticketed. A copy of the officers notes on the ticket and a list of witnesses. I was flat out denied
any of them. They did show me the dash cam video of me driving by. Apparently that is all I was entitled to. They had no proof. None. They offered me a deal though. If I plead no contest and paid the court fees, coincidentally the same amount as the fine, the ticket would be dismissed. It's quite a lucrative racket.

When it's your word against the LEO you will lose. I'd suggest video recording any traffic stop. A smart phone is smart to Carry.

[JALLEN]

When it's your word against the LEO you will lose. I'd suggest video recording any traffic stop. A smart phone is smart to Carry.

It depends. If everything is completely "kosher" and the officer has accurately recorded the critical facts, and they support the commission of the offense, they will win. As it should be.

Sometimes, the facts are not quite perfect, and some will fudge a bit, stretch the truth, recall the facts as they wished they had happened to make a prima facie case. It's not over trivial details, like the car was light blue and they say it was dark blue, but on matters essential to the case. If they can't prove something, either because the facts didn't quite happen to make the offense, close but no cigar, or because they got it wrong in some material way, they ought to lose, if you can bring that out.

I have been astonished on a couple of occasions to have police officers testify to what can be shown to be physically impossible facts, or that they could have no idea about but they sit there under oath talking away. One officer here is lucky to have escaped a perjury charge. The judge dismissed the case before I could even get my exhibits admitted into evidence. It doesn't happen often, but more often than it should. Sometimes they are so anxious to make the charge stick, truth is the first casualty. I have seen situations where pressure from above was probably the responsible factor in their irregular behavior.

This is why defendants have lawyers, so the prosecutors aren't tempted to make up stories and such. The ones that play it straight aren't a problem. The ones that start to fudge need to know that someone is watching them.

[texanjoker]

If the stop was recorded, you could try and submit an open record request for the audio/video.

Speed traps are all to common here in TX. It is all about the $$$.

Here's my recent experience. I plead not guilty to 10 MPH over the speed limit. There is absolutely no doubt in my mind I was we'll within the limit. I sent a request for a copy of all records regarding the maintenance and calibration of the radar
Gun. A copy of the certification issued to the officer involving the use of said radar. A copy of the engineering and traffic survey for the street I was ticketed. A copy of the officers notes on the ticket and a list of witnesses. I was flat out denied
any of them. They did show me the dash cam video of me driving by. Apparently that is all I was entitled to. They had no proof. None. They offered me a deal though. If I plead no contest and paid the court fees, coincidentally the same amount as the fine, the ticket would be dismissed. It's quite a lucrative racket.

When it's your word against the LEO you will lose. I'd suggest video recording any traffic stop. A smart phone is smart to Carry.

Thing are holding the.evidence for court. It would then take a different motion to get it. I like when a defendant tries to read my notes...they are not a report and are only meant to refresh my memory..there is no format.I had a person one time ask what something I had written meant. Thanks for reminding me as I had warned them on another violation ..judge fined t
Him for both.

[gigag04]

Open records request the video and post it please.

[Purplehood]

One should recall that if an officer arrests you in good faith with a faulty recollection of the law, they cannot be held liable.

Just saying...

[gigag04]

Also - most officers I know consider muni court a joke. It's usually quite comical when people represent themselves.

[baldeagle]

It doesn't say anything about passengers and the public having access to it. The under control part is in reference to the motor vehicle. It just means that if you are the driver it doesn't have to be your vehicle.

I am curious as to why you told him that you had a firearm. Unless he asks, there is no real reason to mention your firearm whether you have a CHL or not.

This is incorrect. If you have a CHL, you are required by law to inform the officer. There is no penalty if you do not, but you will definitely not be on the officer's good side when he looks you up, finds out you have one and you didn't bother to tell him, especially if you are armed (which you should be). Given how some officers seem completely ignorant of the law, I wouldn't be surprised to see you arrested and charged with the misdemeanor that used to attach to that "crime".

Texas Government Code Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.02, eff. September 1, 2009.

The September 2009 amendment removed the misdemeanor penalty.

[surferdaddy]

One bad apple... I'm sure there are a lot of good guys on there but this one,

[3dfxMM]

It doesn't say anything about passengers and the public having access to it. The under control part is in reference to the motor vehicle. It just means that if you are the driver it doesn't have to be your vehicle.

I am curious as to why you told him that you had a firearm. Unless he asks, there is no real reason to mention your firearm whether you have a CHL or not.

This is incorrect. If you have a CHL, you are required by law to inform the officer. There is no penalty if you do not, but you will definitely not be on the officer's good side when he looks you up, finds out you have one and you didn't bother to tell him, especially if you are armed (which you should be). Given how some officers seem completely ignorant of the law, I wouldn't be surprised to see you arrested and charged with the misdemeanor that used to attach to that "crime".

Texas Government Code Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.02, eff. September 1, 2009.

The September 2009 amendment removed the misdemeanor penalty.

I was not wrong. There is nothing in the law that says you must tell them about your firearm. They should assume that you have one if you hand them your CHL since you wouldn't have needed to do that if you weren't armed, but you don't have to say anything about it unless they ask.

[Blandtastic]

So I called the officer's watch commander, and she had no idea about the MPA law. She said she would arrest me if it was "easily accessible". I then called his Sergeant who was much more helpful. He said he is going to review the tape and let the officer know how the law works. He is also going to tell the captain of his division (traffic) to update all the patrol officers so this doesn't happen in the future. So, problem solved without lawyers, judges and an unfair ride to Bell County lockup. No feeling were hurt, I hope.

The level of ignorance about this statute is pretty frightening. I wonder if other departments have this problem? Scary. I would hate to be arrested for doing the right thing/following the law. Doesn't mean that I am going to leave my gun at home, however. One bad apple can ruin the bunch, but I do not want to paint the entire KPD as evil or something. I just don't like the town. Personal preference. Haven't had very many good experiences with Killeen in general.

Lessons learned:
1-the police are not your friends
2-the police probably don't know the law in this case
3-shut up and take it like a man when being harassed by an LEO even if you know he/she is wrong
4-keep multiple copies of the MPA law to have an immediate affirmative defense
5-use a hardbolted handgun holster so the police can't pull it into a visible area and declare it in "plain view"
6-place a copy of the MPA law with each firearm so there can be no confusion
7-record all encounters with LEOs
8-oh, yeah best to slow down so this isn't an issue in the future

That was fun, wasn't it?

[E.Marquez]

Again, still... may we (I) have the names of those officers you keep talking to?

I don't disbelieve you, not flaming you for your story.. but nothing your posting reflects what i am hearing from KPD and other LEO's, or this mornings Desk Sergeant at the KPD station.

When i relate this story, I get the deer in the headlights response, and am told,, MPA is common knowledge, Taught in classes they take as part of becoming a patrol officer, somthing the Training officer will discuss during probation period. And in fact, I have not met an officer yet that does not approach and consider every person they contact to be armed, precisely because of MPA and the large amount of honest citizens that have a CHL.

They all ask me.. WHO is this guy talking to.... they want to know..... I assume, to get the other side of the story, and correct the issue if there is one.

Thanks

[Blandtastic]

Not really interested in naming names here. I reported the individual, the video will be reviewed and hopefully someone will be artfully chewed out. I have a hard time naming names in an open forum like this because I do honestly want to respect everyone's privacy here. I demand a modicum of privacy and do not want to be a hypocrite by violating others privacy. It shouldn't be an issue in the future for me, which is all I care about.

There were some things that probably did not work in my favor. I have massive shrapnel wounds that cause constant pain in my groin. All the time. Because of this I tend to make funny faces and fidget a lot when I am talking. I can't help it. It hurts a lot sometimes. Strike one for that. I respect police but have no real fear of them. I have been shot at and blown up enough to not be fazed by anything short of imminent violent death. Everything else tends to roll right off my back. I know that LEOs are trained to dominate every situation in order to maintain control and keep safe. Strike two for my "attitude" I am sure. Finally, I have a LOT of tattoos and sport a mohawk. So, definitely outside the realm of normal appearance. Strike three. No real excuse for the way I was treated, but water under the bridge.

I do plan on taking steps to ensure this never happens again. I outlined them in my previous posting. I hope this doesn't happen again between now and the time my CHL finally comes in the mail. In the meantime, I fully intend to carry in my car under the MPA in the interim. I do tend to drive fast sometimes. My car is fun to drive and I like to take it fast far too often than is probably good for me. I got pulled over for it by Coppersas Cove PD and DPS but was let off with a warning. Time for me to slow it down a notch.

[RX8er]

Again, still... may we (I) have the names of those officers you keep talking to?

I don't disbelieve you, not flaming you for your story.. but nothing your posting reflects what i am hearing from KPD and other LEO's, or this mornings Desk Sergeant at the KPD station.

When i relate this story, I get the deer in the headlights response, and am told,, MPA is common knowledge, Taught in classes they take as part of becoming a patrol officer, somthing the Training officer will discuss during probation period. And in fact, I have not met an officer yet that does not approach and consider every person they contact to be armed, precisely because of MPA and the large amount of honest citizens that have a CHL.

They all ask me.. WHO is this guy talking to.... they want to know..... I assume, to get the other side of the story, and correct the issue if there is one.

Thanks

QFT...

Funny, I just called the North Precinct and the guy laughed at me and asked if this a youtube thing or something because I was the third of fourth guy who called. I didn't get his name though. He said every officer is taught MPA and no one there would arrest you or even harass for having a gun in the car that can be accessed unless you are a gang member or the gun itself is in plain view. He said he doesn't know all of the 250 officers but doubts one of them doesn't know MPA. He said that he is not allowed to tell me if IA has anything and they would be the one's to investigate if a complaint was made. If the OP called to complain about an officer, nothing will be done. He has to make and file a formal complaint against the officer and this is all IA. IA's policy is to complete all investigations within 30 days.

I am cool with this and actually agree. He did say that I could make a FOIA though for any formal compliments filed.

I'll make a FOIA for yesterday and today for IA in about 30 days. Then from there, I can get an officers name and the videos. I'll keep everyone posted.

Joe Friday keeps coming to mind: All we know are the facts, ma'am.

A question for the OP. Did you make and file a formal complaint? If not, then nothing will happen or come of this.

[texanjoker]

Again, still... may we (I) have the names of those officers you keep talking to?

I don't disbelieve you, not flaming you for your story.. but nothing your posting reflects what i am hearing from KPD and other LEO's, or this mornings Desk Sergeant at the KPD station.

When i relate this story, I get the deer in the headlights response, and am told,, MPA is common knowledge, Taught in classes they take as part of becoming a patrol officer, somthing the Training officer will discuss during probation period. And in fact, I have not met an officer yet that does not approach and consider every person they contact to be armed, precisely because of MPA and the large amount of honest citizens that have a CHL.

They all ask me.. WHO is this guy talking to.... they want to know..... I assume, to get the other side of the story, and correct the issue if there is one.

Thanks

KPD will review the video if there is one about this alleged incident.

This is a general comment and not pointed at the OP in this thread. Most of the times when reviewing the complaint, the video clears the officer. The citizen complaining is either out right lying or embellishing nothing in order to A get the officer in trouble because they got caught doing something B get out of a ticket/arrest C a combo of A and B. It usually doesn't work and they withdraw the complaint real quick. I know video/audio has saved my bacon on false complaints .

[jmra]

Trying to think how I would react if a freakishly tattooed Mohawk wearing dude making really weird faces for no apparent reason told me he had a gun.
Probably a good thing I'm not a cop.
Nothing against tattoos, Mohawks, or even funny faces. But, when you put them all together...
Just trying to put myself in the LEOs shoes for a second.