Am I elligible?

[MR Redneck]

People who did not commit the offense are the exact type of people who would take the D/A option.

What you are essentially saying is, "judge, I did not do this, I have a clean record, and if you delay starting the trial for this for XX days, you will see I will not commit any offenses before then. In fact, I am so sure of this, if I do commit an offense, I will not fight this charge and will plead guilty. And the judge says, OK, you stay clean for XX days and I will toss out this charge." Deal.

Thus valuable court time is not wasted trying good folks, and good folks do not have spend $$$ to prove they are innocent.

So it is BS that D/A is treated like a guilty verdict.

I agree with you 100% there buddy. I got a ticket about 12 years ago for 75 in a 70. I was only going 65 and I went to the JP the next day to complain about it. I dont speed, I dont get speeding tickets! This D/A is what he and I agree on for 90 days. If I failed to live up to my word, the results would have been harsh. In the end, everything worked out fine.
I always thought D/A would keep the mess off you record, but I guess in this case it didnt.
So why is he having this problem.

 

[Renegade]

I always thought D/A would keep the mess off you record, but I guess in this case it didnt.
So why is he having this problem.

It is off the record as far a a conviction/trial goes, but the charge itself it still there.

He is having this problem because they specifically ask, and he does not want to lie.

Personally, I think the reason a judge dismisses a charge should not be any of their business.

People who have NEVER been found guilty of a crime should NOT be treated like people who have been found guilty. That is the whole point of having a trial.

 

[Bithabus]

I'm not certain how it works in TX but I know in other States to get a deferral you have to plea to sufficient facts. This is a lesser plea than no contest but you are still admitting to some elements of the crime. Basically you are admitting that there is evidence against you and you might be found guilty in a trial. And, you are on probation. If you fail to complete your probation your plea becomes permanent and you will be sentenced.

The record of your plea and your probation will never go away. The judge and the DA will tell you "dismissed is dismissed" and there will be no record that can hurt you in the future, but that is a lie.

I agree with Renegade that all dismissals should be treated the same but they are not. In the case of D/A it is not the dismissal which is held against you but the probation.

 

[Renegade]

If you are required to make a plea of any kind, then it is not D/A and it should not be called D/A. Sounds like a lot of what is called D/A is really pleading guilty but using different words of some sort and getting probation.

 

[border bandit]

TX Investigator>> Have you ever read 46.03 on page 39 at the top of the page of the "Texas CHL Manual? In regards to your statement that "a CHL Holder since the beginning could carry on a College(University Campus)" not an exact quote but fairly close.. By the way what Kind of Investigator are you.. You apparently know a lot but some of your information that you give is way off; and in this case it seems to be in conflict with the LAW..rotflmao

 

[Renegade]

TX Investigator>> Have you ever read 46.03 on page 39 at the top of the page of the "Texas CHL Manual? In regards to your statement that "a CHL Holder since the beginning could carry on a College(University Campus)" not an exact quote but fairly close.. By the way what Kind of Investigator are you.. You apparently know a lot but some of your information that you give is way off; and in this case it seems to be in conflict with the LAW..rotflmao

You mean this?

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

Getting popcorn now.

 

[Bithabus]

If you are required to make a plea of any kind, then it is not D/A and it should not be called D/A. Sounds like a lot of what is called D/A is really pleading guilty but using different words of some sort and getting probation.

I'm pretty sure the plea and probation is part of D/A. The problem is that after probation is completed and the charge is dismissed that initial agreement is still held against the defendant, by Texas law.

 

[Bithabus]

TX Investigator>> Have you ever read 46.03 on page 39 at the top of the page of the "Texas CHL Manual? In regards to your statement that "a CHL Holder since the beginning could carry on a College(University Campus)" not an exact quote but fairly close.. By the way what Kind of Investigator are you.. You apparently know a lot but some of your information that you give is way off; and in this case it seems to be in conflict with the LAW..rotflmao

You can carry on the campus, just not in the buildings, according to 46.03

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;


(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.

Sec. 46.035. (f) (3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

 

[London]

Here is what I wrote for my lawyer the day after the arrest. It was also presented to the prosecution. I took the D/A because I was going through a divorce and didn't want to risk having a conviction for the ex to present to the courts in the custody battle.

--------------------

On Saturday, November 8th, at around 5 P.M. I was falsely arrested by OFFICER 1. While traveling westward on New Sulphur Springs Road, I was driving behind OFFICER 1’s patrol car for a few minutes when he suddenly slammed on his brakes, veered to the right of the road, performed a u-turn and pursued a speeding vehicle. His rapid deceleration caused me to nearly collide with him while my son was in the back of my car.

I turned around and went past his patrol car, but could not get his license plate number while maintaining the speed limit. I did a second u-turn and parked my car on the opposite side of the road on which he and his detainee were parked. I was on a wide improved shoulder, as was he, which allowed us to both remain safe from street traffic.

OFFICER 1 approached the driver of the truck he had pulled over, got his driver’s license, and noticed me waiting on the opposite side of the road. From where he was standing, he asked if he could help me. I had my cell phone camera on at the time and asked him his name, supervisor’s name, and badge number. Upon hearing this he asked me why I was asking. I told him that he almost caused an accident with my son and I and that I needed to speak to his supervisor about it.

Upon hearing this OFFICER 1 immediately became irate and demanded to see my driver’s license. I asked him if I was being arrested or detained, and both times he answered, “No.” I asked him why he wanted to see my license and he said that if I do not show it to him, he was going to arrest me for operating a motor vehicle without a license. That law only applies to someone who has not been licensed, and not to someone who does not physically have their driver’s license. I cooperated and gave him my license, at which time he released the other driver, nearly keeping his driver’s license in the process.

OFFICER 1 then asked to see my proof of insurance. I asked him if he had probable cause or reasonable suspicion, and he said he needed neither to stop me and ask these questions. I then told him I wasn’t going to get my insurance because there was a pistol in my glove compartment. He asked me to step out of the vehicle and put me in handcuffs. He asked if I had a concealed weapons license, and I told him, “No.” He then told me I was under arrest for carrying a concealed weapon on public property without a license, then called me a “Street lawyer.” I told him DPS changed the law several years ago and that I was now legally allowed to keep a pistol in my car as long as it was concealed and I was traveling. I also told him he was making a false arrest. At this point he stopped me from videotaping. I asked if his car was recording and he said no, then asked why I cared. I told him I thought “It would be better for both of us.”

After twisting my arms in an attempt to induce pain, he told me I was wrong about the law regarding the pistol, and that the law says I must keep my pistol unloaded and separate from the ammunition. He then told me if the “Clip” (sic) was in the pistol, that was “An even worse charge.” He retrieved the weapon, unloaded it, and said, “Oh, one in the chamber. Just the way I like it.” He asked who the weapon was registered to, and I told him, “This is Texas. We don’t register guns here.” He then yelled, “This gun is registered to someone, now who’s name is it under?!” Rather than arguing I said, “I plead the fifth.” He then put me in the back of his patrol car. I told him he needed to bring a supervisor on scene. He asked, “Are you requesting a supervisor?” I answered, “Yes,” and his response was, “Maybe I’ll call one. Maybe. It’s my right not to do that. See, I got rights I can practice too. Do you have anyone who can pick up your kid? Actually, you know what? I’m going to call CPS to come get him. That’s my right, too.”

He then asked me what my birthday was, and I told him it was on my driver’s license. He told me my driver’s license was missing. I asked him, “You’re telling me in fifteen minutes you’ve magically managed to lose a driver’s license?” He said, “Hey, you can figure things out. I didn’t think you were that smart.” I gave him my birth date, fully aware that the driver’s license was wedged in his dome light, and that he forgot where he put it. He asked me several other questions, to which I kept exercising my right not to self-incriminate. He left the car after telling me I was stupid for doing so.

At this time OFFICER 2 arrived on scene. He spoke with OFFICER 1 for a few minutes. OFFICER 1 told him what I was being arrested for, and how stupid I was for videotaping my encounter with him. Officer 2 asked where the camera was, and OFFICER 1 replied, “It’s…” After a few seconds pause, I finished his sentence with the word, “Missing.” He then said, “Yeah. It’s missing.” The gun was ran through OFFICER 2’s computer and came back clean. The two then continued their conversation outside. After a few minutes I summoned OFFICER 2 over to the patrol car. It was then that I realized I had a pleasant encounter with him in the past in which he proved truly helpful. I explained to him everything that happened and told him, “I have every legal right to have that pistol in my car.” He agreed and said he was working on cutting me loose so I could go home. I told him “I think you’re working on saving your friend from a false arrest charge.” He said, “Yeah, that too.” Around this time I noticed OFFICER 3 had arrive on scene.

The two spoke outside of the car and I heard OFFICER 1 say in disbelief, “But he had a gun in his car without a license!” OFFICER 2 said, “Yeah, but, he’s allowed to do that.” OFFICER 1 then said, “Well… he was interfering with my duties.” OFFICER 2 asked, “Did he get in between you and your suspect?,” Then answer to which was, “No.” Officer 2 then asked, “Did he address you first, or did you address him?,” the response to which was, “I addressed him first.” OFFICER 2 expressed doubt as to the validity of the charge, and OFFICER 1 replied, “But I had to cross the road to speak to him!” This is not true for several reasons. Firstly, he initially spoke to me from across the street, which he could have continued doing. Secondly, he addressed me first on his own accord. Thirdly, he could have finished his business with his detainee then continued with me later. I had nothing to do with the decisions he made. He then lashed out at OFFICER 2 and said, “Since when did you become a fucking lawyer?!”

OFFICER 1 decided to call the D.A. for clarification on the situation. After a few minutes, it was discovered the D.A. could not be reached at 6 P.M. on a Saturday afternoon, so OFFICER 1 decided to proceed with the arrest, of which I was informed by OFFICER 2. I was told my pistol and cell phone were being confiscated as well. I asked OFFICER 2 if he could confiscate them rather than OFFICER 1, and he said, “No.” I was told my car was being towed, despite the fact it would have been easy to arrange it’s pick-up. I’ll also add that this seems to be an attempt to turn an illegal arrest into a legitimate one, however flimsy. While driving to the magistrate’s office, I was told my cell phone was going to, “Dissapear.” He also told me Peace Officers need no reasonable suspicion or probable cause to hold someone or force them to identify. This is clearly either a lie or a violation of fourth and fifth amendment rights.

I was put in jail for about 12 hours and bailed myself out. I was never read my Miranda Rights until I stood in front of the Magistrate. Upon speaking with my parents two hours later, I found that no receipt had been written for my confiscated property, which included a Hungarian PA-63 pistol, an IG Shine cell phone, a debit card, a driver’s license, and my access card for clocking in at work. I have no idea where it is or even where to look. I also had $30 stolen from an emergency kit in my trunk.

Judging from the testimony presented here, it is clear I was falsely arrested by an incompetent and vengeful Sheriff who absolutely could not handle having his authority challenged. During my ride in his patrol car, we had conversation about my pistol which demonstrated his belief that Police should have special rights normal citizens do not. This only reinforces the fact that he feels he should be able to reprimand someone for doing wrong, while remaining above such recourse himself. A simple apology could have resolved the entire situation, but rather than facing responsibility, OFFICER 1 tried to punish me for standing up for myself in a manner which follows the letter of the law. I have had my fourth and fifth amendment rights trampled over, paid large sums of money, and had to endure the stress of imprisonment and separation from my son.

 

[Renegade]

Rule #1 of Life - Never invite the man into your life.

Rule #2 of Life - Never invite the man into your life.

Rule #3 of Life - If you choose to ignore Rule #1 & #2, treat the man with respect even if he does not deserve it.

BTW, your understanding of the requirements/provisions of the Motorists Protection Act are wrong, but that does not matter.

Here is what I wrote for my lawyer the day after the arrest. It was also presented to the prosecution. I took the D/A because I was going through a divorce and didn't want to risk having a conviction for the ex to present to the courts in the custody battle.

--------------------

On Saturday, November 8th, at around 5 P.M. I was falsely arrested by OFFICER 1. While traveling westward on New Sulphur Springs Road, I was driving behind OFFICER 1’s patrol car for a few minutes when he suddenly slammed on his brakes, veered to the right of the road, performed a u-turn and pursued a speeding vehicle. His rapid deceleration caused me to nearly collide with him while my son was in the back of my car.

I turned around and went past his patrol car, but could not get his license plate number while maintaining the speed limit. I did a second u-turn and parked my car on the opposite side of the road on which he and his detainee were parked. I was on a wide improved shoulder, as was he, which allowed us to both remain safe from street traffic.

OFFICER 1 approached the driver of the truck he had pulled over, got his driver’s license, and noticed me waiting on the opposite side of the road. From where he was standing, he asked if he could help me. I had my cell phone camera on at the time and asked him his name, supervisor’s name, and badge number. Upon hearing this he asked me why I was asking. I told him that he almost caused an accident with my son and I and that I needed to speak to his supervisor about it.

Upon hearing this OFFICER 1 immediately became irate and demanded to see my driver’s license. I asked him if I was being arrested or detained, and both times he answered, “No.” I asked him why he wanted to see my license and he said that if I do not show it to him, he was going to arrest me for operating a motor vehicle without a license. That law only applies to someone who has not been licensed, and not to someone who does not physically have their driver’s license. I cooperated and gave him my license, at which time he released the other driver, nearly keeping his driver’s license in the process.

OFFICER 1 then asked to see my proof of insurance. I asked him if he had probable cause or reasonable suspicion, and he said he needed neither to stop me and ask these questions. I then told him I wasn’t going to get my insurance because there was a pistol in my glove compartment. He asked me to step out of the vehicle and put me in handcuffs. He asked if I had a concealed weapons license, and I told him, “No.” He then told me I was under arrest for carrying a concealed weapon on public property without a license, then called me a “Street lawyer.” I told him DPS changed the law several years ago and that I was now legally allowed to keep a pistol in my car as long as it was concealed and I was traveling. I also told him he was making a false arrest. At this point he stopped me from videotaping. I asked if his car was recording and he said no, then asked why I cared. I told him I thought “It would be better for both of us.”

After twisting my arms in an attempt to induce pain, he told me I was wrong about the law regarding the pistol, and that the law says I must keep my pistol unloaded and separate from the ammunition. He then told me if the “Clip” (sic) was in the pistol, that was “An even worse charge.” He retrieved the weapon, unloaded it, and said, “Oh, one in the chamber. Just the way I like it.” He asked who the weapon was registered to, and I told him, “This is Texas. We don’t register guns here.” He then yelled, “This gun is registered to someone, now who’s name is it under?!” Rather than arguing I said, “I plead the fifth.” He then put me in the back of his patrol car. I told him he needed to bring a supervisor on scene. He asked, “Are you requesting a supervisor?” I answered, “Yes,” and his response was, “Maybe I’ll call one. Maybe. It’s my right not to do that. See, I got rights I can practice too. Do you have anyone who can pick up your kid? Actually, you know what? I’m going to call CPS to come get him. That’s my right, too.”

He then asked me what my birthday was, and I told him it was on my driver’s license. He told me my driver’s license was missing. I asked him, “You’re telling me in fifteen minutes you’ve magically managed to lose a driver’s license?” He said, “Hey, you can figure things out. I didn’t think you were that smart.” I gave him my birth date, fully aware that the driver’s license was wedged in his dome light, and that he forgot where he put it. He asked me several other questions, to which I kept exercising my right not to self-incriminate. He left the car after telling me I was stupid for doing so.

At this time OFFICER 2 arrived on scene. He spoke with OFFICER 1 for a few minutes. OFFICER 1 told him what I was being arrested for, and how stupid I was for videotaping my encounter with him. Officer 2 asked where the camera was, and OFFICER 1 replied, “It’s…” After a few seconds pause, I finished his sentence with the word, “Missing.” He then said, “Yeah. It’s missing.” The gun was ran through OFFICER 2’s computer and came back clean. The two then continued their conversation outside. After a few minutes I summoned OFFICER 2 over to the patrol car. It was then that I realized I had a pleasant encounter with him in the past in which he proved truly helpful. I explained to him everything that happened and told him, “I have every legal right to have that pistol in my car.” He agreed and said he was working on cutting me loose so I could go home. I told him “I think you’re working on saving your friend from a false arrest charge.” He said, “Yeah, that too.” Around this time I noticed OFFICER 3 had arrive on scene.

The two spoke outside of the car and I heard OFFICER 1 say in disbelief, “But he had a gun in his car without a license!” OFFICER 2 said, “Yeah, but, he’s allowed to do that.” OFFICER 1 then said, “Well… he was interfering with my duties.” OFFICER 2 asked, “Did he get in between you and your suspect?,” Then answer to which was, “No.” Officer 2 then asked, “Did he address you first, or did you address him?,” the response to which was, “I addressed him first.” OFFICER 2 expressed doubt as to the validity of the charge, and OFFICER 1 replied, “But I had to cross the road to speak to him!” This is not true for several reasons. Firstly, he initially spoke to me from across the street, which he could have continued doing. Secondly, he addressed me first on his own accord. Thirdly, he could have finished his business with his detainee then continued with me later. I had nothing to do with the decisions he made. He then lashed out at OFFICER 2 and said, “Since when did you become a fucking lawyer?!”

OFFICER 1 decided to call the D.A. for clarification on the situation. After a few minutes, it was discovered the D.A. could not be reached at 6 P.M. on a Saturday afternoon, so OFFICER 1 decided to proceed with the arrest, of which I was informed by OFFICER 2. I was told my pistol and cell phone were being confiscated as well. I asked OFFICER 2 if he could confiscate them rather than OFFICER 1, and he said, “No.” I was told my car was being towed, despite the fact it would have been easy to arrange it’s pick-up. I’ll also add that this seems to be an attempt to turn an illegal arrest into a legitimate one, however flimsy. While driving to the magistrate’s office, I was told my cell phone was going to, “Dissapear.” He also told me Peace Officers need no reasonable suspicion or probable cause to hold someone or force them to identify. This is clearly either a lie or a violation of fourth and fifth amendment rights.

I was put in jail for about 12 hours and bailed myself out. I was never read my Miranda Rights until I stood in front of the Magistrate. Upon speaking with my parents two hours later, I found that no receipt had been written for my confiscated property, which included a Hungarian PA-63 pistol, an IG Shine cell phone, a debit card, a driver’s license, and my access card for clocking in at work. I have no idea where it is or even where to look. I also had $30 stolen from an emergency kit in my trunk.

Judging from the testimony presented here, it is clear I was falsely arrested by an incompetent and vengeful Sheriff who absolutely could not handle having his authority challenged. During my ride in his patrol car, we had conversation about my pistol which demonstrated his belief that Police should have special rights normal citizens do not. This only reinforces the fact that he feels he should be able to reprimand someone for doing wrong, while remaining above such recourse himself. A simple apology could have resolved the entire situation, but rather than facing responsibility, OFFICER 1 tried to punish me for standing up for myself in a manner which follows the letter of the law. I have had my fourth and fifth amendment rights trampled over, paid large sums of money, and had to endure the stress of imprisonment and separation from my son.

 

[border bandit]

Well Bithabus you and Sherlock can carry on campus but as for me I will not set foot on the "premises"
which means all grounds except driveways, parking lots, sidewalks, parking lots of any type..

 

[txinvestigator]

TX Investigator>> Have you ever read 46.03 on page 39 at the top of the page of the "Texas CHL Manual? In regards to your statement that "a CHL Holder since the beginning could carry on a College(University Campus)" not an exact quote but fairly close.. By the way what Kind of Investigator are you.. You apparently know a lot but some of your information that you give is way off; and in this case it seems to be in conflict with the LAW..rotflmao

I see you have already been corrected. Of course I have read it, I am a CHL instructor. Want to apologize now?

 

[border bandit]

I dont think so > Read premises again. Premises does not mean only buildings.

So am I.

 

[Renegade]

I dont think so > Read premises again. Premises does not mean only buildings.

"Premises" means a building or a portion of a building.

Doesn't get much easier than that.

 

[London]

BTW, your understanding of the requirements/provisions of the Motorists Protection Act are wrong, but that does not matter.

How so?

 

[border bandit]

Renegade, bitibus and sherlock, you are mis-quoting here is what it says "On the physical premises of a school or educational institution, ANY GROUNDS or building on which an activity sponsored by a school or educational institution is being conducted ......." The operative word here is GROUNDS.

Give up. If you are an instructor you better call everyone that you told they could carry legally @ a school.

I am Just an old ex-cop that reads carefully.

 

[Renegade]

Renegade, bitibus and sherlock, you are mis-quoting here is what it says "On the physical premises of a school or educational institution, ANY GROUNDS or building on which an activity sponsored by a school or educational institution is being conducted ......." The operative word here is GROUNDS.

Give up. If you are an instructor you better call everyone that you told they could carry legally @ a school.

I am Just an old ex-cop that reads carefully.

No we are not misquoting, we know about that and presumed you did not violate that portion either. For example carrying to an outdoor recital.

 

[border bandit]

Recital on school grounds ? or are you speaking of a recital somewhere else that is sponsored by the school..

Keep trying.. "When your in a hole stop Digging"

I will send you guys a bill when this is over.

 

[Texan2]

Here is what I wrote for my lawyer the day after the arrest. It was also presented to the prosecution. I took the D/A because I was going through a divorce and didn't want to risk having a conviction for the ex to present to the courts in the custody battle.

--------------------

On Saturday, November 8th, at around 5 P.M. I was falsely arrested by OFFICER 1. While traveling westward on New Sulphur Springs Road, I was driving behind OFFICER 1’s patrol car for a few minutes when he suddenly slammed on his brakes, veered to the right of the road, performed a u-turn and pursued a speeding vehicle. His rapid deceleration caused me to nearly collide with him while my son was in the back of my car.

I turned around and went past his patrol car, but could not get his license plate number while maintaining the speed limit. I did a second u-turn and parked my car on the opposite side of the road on which he and his detainee were parked. I was on a wide improved shoulder, as was he, which allowed us to both remain safe from street traffic.

OFFICER 1 approached the driver of the truck he had pulled over, got his driver’s license, and noticed me waiting on the opposite side of the road. From where he was standing, he asked if he could help me. I had my cell phone camera on at the time and asked him his name, supervisor’s name, and badge number. Upon hearing this he asked me why I was asking. I told him that he almost caused an accident with my son and I and that I needed to speak to his supervisor about it.

Upon hearing this OFFICER 1 immediately became irate and demanded to see my driver’s license. I asked him if I was being arrested or detained, and both times he answered, “No.” I asked him why he wanted to see my license and he said that if I do not show it to him, he was going to arrest me for operating a motor vehicle without a license. That law only applies to someone who has not been licensed, and not to someone who does not physically have their driver’s license. I cooperated and gave him my license, at which time he released the other driver, nearly keeping his driver’s license in the process.

OFFICER 1 then asked to see my proof of insurance. I asked him if he had probable cause or reasonable suspicion, and he said he needed neither to stop me and ask these questions. I then told him I wasn’t going to get my insurance because there was a pistol in my glove compartment. He asked me to step out of the vehicle and put me in handcuffs. He asked if I had a concealed weapons license, and I told him, “No.” He then told me I was under arrest for carrying a concealed weapon on public property without a license, then called me a “Street lawyer.” I told him DPS changed the law several years ago and that I was now legally allowed to keep a pistol in my car as long as it was concealed and I was traveling. I also told him he was making a false arrest. At this point he stopped me from videotaping. I asked if his car was recording and he said no, then asked why I cared. I told him I thought “It would be better for both of us.”

After twisting my arms in an attempt to induce pain, he told me I was wrong about the law regarding the pistol, and that the law says I must keep my pistol unloaded and separate from the ammunition. He then told me if the “Clip” (sic) was in the pistol, that was “An even worse charge.” He retrieved the weapon, unloaded it, and said, “Oh, one in the chamber. Just the way I like it.” He asked who the weapon was registered to, and I told him, “This is Texas. We don’t register guns here.” He then yelled, “This gun is registered to someone, now who’s name is it under?!” Rather than arguing I said, “I plead the fifth.” He then put me in the back of his patrol car. I told him he needed to bring a supervisor on scene. He asked, “Are you requesting a supervisor?” I answered, “Yes,” and his response was, “Maybe I’ll call one. Maybe. It’s my right not to do that. See, I got rights I can practice too. Do you have anyone who can pick up your kid? Actually, you know what? I’m going to call CPS to come get him. That’s my right, too.”

He then asked me what my birthday was, and I told him it was on my driver’s license. He told me my driver’s license was missing. I asked him, “You’re telling me in fifteen minutes you’ve magically managed to lose a driver’s license?” He said, “Hey, you can figure things out. I didn’t think you were that smart.” I gave him my birth date, fully aware that the driver’s license was wedged in his dome light, and that he forgot where he put it. He asked me several other questions, to which I kept exercising my right not to self-incriminate. He left the car after telling me I was stupid for doing so.

At this time OFFICER 2 arrived on scene. He spoke with OFFICER 1 for a few minutes. OFFICER 1 told him what I was being arrested for, and how stupid I was for videotaping my encounter with him. Officer 2 asked where the camera was, and OFFICER 1 replied, “It’s…” After a few seconds pause, I finished his sentence with the word, “Missing.” He then said, “Yeah. It’s missing.” The gun was ran through OFFICER 2’s computer and came back clean. The two then continued their conversation outside. After a few minutes I summoned OFFICER 2 over to the patrol car. It was then that I realized I had a pleasant encounter with him in the past in which he proved truly helpful. I explained to him everything that happened and told him, “I have every legal right to have that pistol in my car.” He agreed and said he was working on cutting me loose so I could go home. I told him “I think you’re working on saving your friend from a false arrest charge.” He said, “Yeah, that too.” Around this time I noticed OFFICER 3 had arrive on scene.

The two spoke outside of the car and I heard OFFICER 1 say in disbelief, “But he had a gun in his car without a license!” OFFICER 2 said, “Yeah, but, he’s allowed to do that.” OFFICER 1 then said, “Well… he was interfering with my duties.” OFFICER 2 asked, “Did he get in between you and your suspect?,” Then answer to which was, “No.” Officer 2 then asked, “Did he address you first, or did you address him?,” the response to which was, “I addressed him first.” OFFICER 2 expressed doubt as to the validity of the charge, and OFFICER 1 replied, “But I had to cross the road to speak to him!” This is not true for several reasons. Firstly, he initially spoke to me from across the street, which he could have continued doing. Secondly, he addressed me first on his own accord. Thirdly, he could have finished his business with his detainee then continued with me later. I had nothing to do with the decisions he made. He then lashed out at OFFICER 2 and said, “Since when did you become a fucking lawyer?!”

OFFICER 1 decided to call the D.A. for clarification on the situation. After a few minutes, it was discovered the D.A. could not be reached at 6 P.M. on a Saturday afternoon, so OFFICER 1 decided to proceed with the arrest, of which I was informed by OFFICER 2. I was told my pistol and cell phone were being confiscated as well. I asked OFFICER 2 if he could confiscate them rather than OFFICER 1, and he said, “No.” I was told my car was being towed, despite the fact it would have been easy to arrange it’s pick-up. I’ll also add that this seems to be an attempt to turn an illegal arrest into a legitimate one, however flimsy. While driving to the magistrate’s office, I was told my cell phone was going to, “Dissapear.” He also told me Peace Officers need no reasonable suspicion or probable cause to hold someone or force them to identify. This is clearly either a lie or a violation of fourth and fifth amendment rights.

I was put in jail for about 12 hours and bailed myself out. I was never read my Miranda Rights until I stood in front of the Magistrate. Upon speaking with my parents two hours later, I found that no receipt had been written for my confiscated property, which included a Hungarian PA-63 pistol, an IG Shine cell phone, a debit card, a driver’s license, and my access card for clocking in at work. I have no idea where it is or even where to look. I also had $30 stolen from an emergency kit in my trunk.

Judging from the testimony presented here, it is clear I was falsely arrested by an incompetent and vengeful Sheriff who absolutely could not handle having his authority challenged. During my ride in his patrol car, we had conversation about my pistol which demonstrated his belief that Police should have special rights normal citizens do not. This only reinforces the fact that he feels he should be able to reprimand someone for doing wrong, while remaining above such recourse himself. A simple apology could have resolved the entire situation, but rather than facing responsibility, OFFICER 1 tried to punish me for standing up for myself in a manner which follows the letter of the law. I have had my fourth and fifth amendment rights trampled over, paid large sums of money, and had to endure the stress of imprisonment and separation from my son.

So we have, as we have had since the start of this thread....one side of the story, which also reads like an editorial on the officer more than an account of what happened. In addition there is no requirement for you to be read your "Miranda" rights, unless you are being questioned while in custody. I would suspect that if these are the actual facts of the case, the ACLU or any number of private attorney's would be "licking their chops" to take this case for you.
(P.S. You were not stopped by a "vengeful" Sheriff...you were stopped by a "vengeful" Deputy. Always good to call them by their correct title, especially in a document you are submitting to the court.)

 

[Renegade]

Recital on school grounds?

Yes a recital by the band would be an example of a school activity where you could not carry. If you were really an instructor you would have known this.