Another road side mouth swab stop

[mosin]

Am i being detained? If answer is no. Adios. If i am being detained and they want a sample...let me see the warrant. No search warrant no swab.

Well they can arrest you for ANYTHING and then judges have already ruled it's legal to take dna simply upon arrest

We are screwed

 

[ROGER4314]

Well they can arrest you for ANYTHING and then judges have already ruled it's legal to take dna simply upon arrest

This is a different situation. You are now under arrest. The OP refers to a driver who has been stopped and a swab is arbitrarily demanded. The driver is NOT under arrest at that point.

I would refuse to comply with this abuse of power and don't give a RB (Rats Butt) how they justified it.

Flash

 

[breakingcontact]

Either we have a Bill of Rights or we dont.

 

[ROGER4314]

Speaking of "Stop & Frisk", I was a victim of this terrible law many times in Chicago. They needed no PC. All that was required was that you were young and out at night. I worked nights at a Pizza place. They stopped me repeatedly, night after night and several times pulled the back seat cushions out of my car, emptied the trunk and let the air out of my spare tire. Their searches were not a "Pat Down". They dug deep, hard and it hurt like Hell. There was NO reason to abuse people like that but "Stop & Frisk" allowed it.

Flash

 

[F350-6]

What would you do I'd they decided to forceably take a swab?

Interesting question. Off the top of my head, first answer is say no thank you. Next is to say I need to call my lawyer (guessing Texas Law Shield wouldn't cover this), but most likely I'd call 911 and say some guy is trying to shove some q tip looking thing in my mouth against my will, please help.

Nothing like stirring the pot with a voice recording that is a matter of public record. Then of course you go through the whole verify the LEO's identity, cover the road block not traffic stop, go over lack of suspicion, and generally just try to build a case of public record that any lawyer would love to take.

How would you handle it? Just consent to the search, or do you have some other trick up your sleeve?

 

[stdreb27]

Interesting question. Off the top of my head, first answer is say no thank you. Next is to say I need to call my lawyer (guessing Texas Law Shield wouldn't cover this), but most likely I'd call 911 and say some guy is trying to shove some q tip looking thing in my mouth against my will, please help.

Nothing like stirring the pot with a voice recording that is a matter of public record. Then of course you go through the whole verify the LEO's identity, cover the road block not traffic stop, go over lack of suspicion, and generally just try to build a case of public record that any lawyer would love to take.

How would you handle it? Just consent to the search, or do you have some other trick up your sleeve?

What could you do? Nothin, if you do you'll just get an over zealous da go after you like that moron in temple.

 

[M. Sage]

Lol.

The penal code makes it unlawful to resist an arrest or search, even one that is unlawful. The only exception is that before you offer any resistance, the officer uses more force than necessary.

This is neither lawful arrest or detainment since they're using off-duty cops in an unofficial capacity (and because it lacks cause - checkpoints are illegal in Texas after all). Resist the same way you would any other unlawful confinement.

 

[mosin]

Either we have a Bill of Rights or we dont.

We don't have rights anymore, that's my honest conclusion at this point. Even if others are hanging in there, the 4th is gone completely.

Well they can arrest you for ANYTHING and then judges have already ruled it's legal to take dna simply upon arrest
I would refuse to comply with this abuse of power and don't give a RB (Rats Butt) how they justified it.

Flash

and then they place you under arrest for literally anything, swab you, not charge you and then let you go.

 

[Kennydale]

I'd politely ask if i was under arrest, then ask if i am being detained then go back to number 1, then ask if i am free to go then ask again if i am being detained, or under arrest.

 

[Mexican_Hippie]

What would you do I'd they decided to forceably take a swab?

I'd see how much force they're willing to use.

If it's more force than me then I guess they'd get their swab. They'd have to earn it though! LOL

 

[jordanmills]

How would you handle it? Just consent to the search, or do you have some other trick up your sleeve?

Never consent. If they force the matter, don't resist. If they have a warrant, stay out of their way. But never consent. If they "need" to perform a search, they can get a warrant and don't require your consent.

 

[txinvestigator]

So our penal code is in violation of the 4th Amendment? I recall NYC had "stop and frisk" or some such law. Also sounds unconstitutional.

No, it is neither. Your recourse is the courts.

So if police kick in my door tonight with no warrant im supposed to just sit there and wait to be unlawfully detained and have my house searched? This shit is getting out of control.

yes, that is exactly what you do. Again, the courts are your recourse.

 

[txinvestigator]

Either we have a Bill of Rights or we dont.

How many times do I have to write it? YOUR RECOURSE IS THE COURTS. Just because you THINK they have no right to search, does not mean they do not. A LEOhas no obligation to explain to you or convince you of his PC or exception to the search warrsnt requirement.

 

[txinvestigator]

This is neither lawful arrest or detainment since they're using off-duty cops in an unofficial capacity (and because it lacks cause - checkpoints are illegal in Texas after all). Resist the same way you would any other unlawful confinement.

And how is that?

 

[txinvestigator]

No, it is neither. Your recourse is the courts.

yes, that is exactly what you do. Again, the courts are your recourse.

Never consent. If they force the matter, don't resist. If they have a warrant, stay out of their way. But never consent. If they "need" to perform a search, they can get a warrant and don't require your consent.

This is the answer. Verbally refuse. Offer NO physical resistance

 

[bptactical]

Just remember, NOBODY ever wins a fight with cops.

 

[Sapper740]

Just remember, NOBODY ever wins a fight with cops.

I dunno, Rodney King got a $4,000,000.00 settlement for his "fight" with the cops. Some might consider that a win. In any event, y'all need to heed TXI's advice on only resisting verbally, especially those of you who live in Dallas, cops there love to shoot unarmed people.

 

[txinvestigator]

I dunno, Rodney King got a $4,000,000.00 settlement for his "fight" with the cops. Some might consider that a win. In any event, y'all need to heed TXI's advice on only resisting verbally, especially those of you who live in Dallas, cops there love to shoot unarmed people.

That is utterly ridiculous. It is highly offensive as well. I know MANY cops, not only in the DFW are but all over, and as as former cop myself I can tell you that cops hope they NEVER have to shoot someone.

And ask Rodney King if he thinks he "won" anything.

 

[breakingcontact]

How many times do I have to write it? YOUR RECOURSE IS THE COURTS. Just because you THINK they have no right to search, does not mean they do not. A LEOhas no obligation to explain to you or convince you of his PC or exception to the search warrsnt requirement.

What legal obligation is an LEO or LEA under in their course of doing their job and setting policy to ensure they are not violating peoples rights? By your logic and statements they can operate outside of the law.

 

[Sapper740]

That is utterly ridiculous. It is highly offensive as well. I know MANY cops, not only in the DFW are but all over, and as as former cop myself I can tell you that cops hope they NEVER have to shoot someone.

And ask Rodney King if he thinks he "won" anything.

From CBS news: "Over 60 unarmed men have been killed by Dallas Policemen since 2001 with only one indictment". Spare us your feigned outrage TXI, the facts speak for themselves.