Missouri City, Texas, Police Department Ignorant Of The Law
BY Herschel Smith
4 years, 8 months ago
This is a remarkable video. It comes from reader Joe. I don’t know when this incident occurred, but the video was recently released. Watch it all.
The officer repeatedly states that he is entitled to know the person’s identity for a lawful activity because he is “investigating” something or other, while also not making clear that the person has been detained or arrested.
He then goes inside and reads the statute aloud, while also reading the words detained or arrested on suspicion of a crime.
He’s conflicted. The statute cited by the photographer, Texas Penal Code 38.02, says this.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
The photographer was not under arrest. He was also not being detained according to the officer, but the officer wouldn’t let him leave. So the officer lied about it, and clearly doesn’t understand what it means to detain someone. The officer merely repeated the point that he was conducting an investigation.
We’ve seen this before with the Prince William County PD, where they repeatedly claimed that the mere act of conducting an investigation was adequate cause for demanding identification.
Here’s the fact. It’s not. That couldn’t be clearer. This wasn’t a so-called “Terry Stop.” There was no suspicion of a crime (photography isn’t illegal), and the conduct of an investigation isn’t justification for violation of rights.
The police academy is lying to their students, or else, the officer is ignorant and unteachable. There is another possibility – he just doesn’t care. Their contact information can be found here.
Beware, dear readers. The 2A sanctuary movement, bringing Sheriffs and local PDs on board with your 2A rights, may not be be all it’s cracked up to be. For your AO, you need to ensure that it means what it means and your local LEOs are truly on board, not just saying things for the purpose of reelection.
If they’ll violate your first amendment rights with careless impunity, they’ll do it with the second amendment too.
On February 23, 2020 at 11:28 pm, Dan said:
Many badgemonkeys are grossly ignorant about the law…..and the system WANTS IT that way. There are some who DO know…or have
been taught what the law is AFTER being caught breaking it. But quite
simply they DO NOT CARE. There is essentially NO consequences for
them when they break the law, violate rights and commit crimes. ANY
consequences of such acts are paid for by the long suffering taxpayers
in the form of cash awards for damages. NOTHING of consequence happens to the guilty badgemonkey. And as long as that is the ugly
sad reality they have ZERO incentive to change their criminal ways and
EVERY incentive to continue their abusiveness and expand it.
On February 24, 2020 at 10:02 am, Fred said:
Yes, internal security checkpoints, run by free range prison guards.
On February 24, 2020 at 6:38 pm, penses said:
One good thing about these “law officers”, when the SHTF they will be the first to run. Most police departments hire officers based on their “rabbit” mental profile because local gov’mnt don’t wan’ employees who think for themselves. Meanwhile the wolves are awaiting their opportunity to pounce.
On February 25, 2020 at 7:50 am, Ned said:
From zero to “detained” in 4 1/2 minutes.
For failing to respect muh authoritah.