Military Camp

Another road side mouth swab stop

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  • Mikeinhistory

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    Feb 19, 2013
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    Austin, TX
    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.


    If everyone reacted this way these things wouldn't go on anymore. Unfortunately most people do not question.

    This seems like the most invasive way to get data for a "survey". We want to know your driving habits and your DNA. What the heck are they surveying? Are they trying to prove Asians really are the worst drivers? We already know the answer. They're not. The worst drivers are UT students.
     

    txinvestigator

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    If everyone reacted this way these things wouldn't go on anymore. Unfortunately most people do not question.

    This seems like the most invasive way to get data for a "survey". We want to know your driving habits and your DNA. What the heck are they surveying? Are they trying to prove Asians really are the worst drivers? We already know the answer. They're not. The worst drivers are UT students.

    Agree with you 100%
     

    breakingcontact

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

    Interesting question. What would be within your legal rights when a police officer is violating your constitutional rights? Not complying with a police officer who is not giving me a "lawful order"? I suppose i would call my bank and tell them to get ready for a big deposit after my lawsuit.
     

    ROGER4314

    Been Called "Flash" Since I Was A Kid!
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    Jul 11, 2009
    10,444
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    East Houston
    In the 60's and 70's, LEO's were a different breed and operated under different rules. LEO's would definitely haul your butt out of a car and beat Hell out of you! Radicals like me were well trained in being a pain in the axs to cops. I was detained several times and used the radical training:
    Am I under arrest?
    No.
    Then I'm leaving.
    No, you won't!
    Am I under arrest?
    No.
    Then I'm outta here!

    We could be a royal PITA to cops if you could just jab them enough without getting the Hell beaten out of you! Sometimes, you skated over the line and they used you for a punching bag. It was part of life.

    A case in point was JB Hamby in Catoosa, Oklahoma. Hamby had a town that was the size of a can of beans right on the highway going into Claremore, OK. Hamby HATED long hair and would stop any shaggy drivers passing through, haul them into the lockup and force them to get a haircut. It happened all the time and Hamby was famous for it!

    Hamby didn't end well. He walked in on a robbery of the tag office and the bad guys shot him to death. He killed one and wounded the other.

    http://www.odmp.org/officer/reflections/5971-chief-of-police-j-b-hamby

    It was a different world, then.

    Flash
     
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    txinvestigator

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    Interesting question. What would be within your legal rights when a police officer is violating your constitutional rights? Not complying with a police officer who is not giving me a "lawful order"? I suppose i would call my bank and tell them to get ready for a big deposit after my lawsuit.


    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.
     

    Blind Sniper

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    Apr 12, 2013
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    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.
    Well that's just plain bullshit.

    Haven't heard of this happening up here in Michigan, but I wouldn't be surprised if it did.
     

    breakingcontact

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    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.

    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.

    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.
     

    BrenGunner

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    Apr 3, 2011
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    Kyle
    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.

    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.

    There is no violation of the 4th here.
    Texas Penal code 9.31 only says you cannot legally fight the officer arresting or searching you. Unless they are using excessive force when there is no resistance.

    If the search or arrest is unlawful then it will be determined in court and then you can get your lawsuit.
    Not by physically fighting the officer.


    Sent from my SAMSUNG-SGH-I747 using Tapatalk
     

    breakingcontact

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    There is no violation of the 4th here.
    Texas Penal code 9.31 only says you cannot legally fight the officer arresting or searching you. Unless they are using excessive force when there is no resistance.

    If the search or arrest is unlawful then it will be determined in court and then you can get your lawsuit.
    Not by physically fighting the officer.


    Sent from my SAMSUNG-SGH-I747 using Tapatalk

    Comply citizen! Comply! Submit!

    So neither should the general public nor the cops know our rights or exercise them. We should let the courts decide after the fact. Got it. Pick up that can citizen!
     

    BrenGunner

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    Kyle
    Comply citizen! Comply! Submit!

    So neither should the general public nor the cops know our rights or exercise them. We should let the courts decide after the fact. Got it. Pick up that can citizen!

    Lol okay. Just stating the law
    Didnt imply either one of those.
    Sent from my SAMSUNG-SGH-I747 using Tapatalk
     
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