Texas man suing police for false arrest

A good ol' fashioned cop hater thread. We haven't had one of these in a while.
Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them. :) Pretty sad when a 25 year old student knows more about the law and constitution than someone that's supposed to uphold said constitution and law.
 
A good ol' fashioned cop hater thread. We haven't had one of these in a while.
Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them. :) Pretty sad when a 25 year old student knows more about the law and constitution than someone that's supposed to uphold said constitution and law.

Well I don't know what actually happened since you linked to a very biased website. I do know that the Supreme Court made very clear that videotaping the police cannot be criminalized and that many agencies have been reticent to change their policy. Still, I'd like to see it from an objective source.
 
A good ol' fashioned cop hater thread. We haven't had one of these in a while.
Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them. :) Pretty sad when a 25 year old student knows more about the law and constitution than someone that's supposed to uphold said constitution and law.

Well I don't know what actually happened since you linked to a very biased website. I do know that the Supreme Court made very clear that videotaping the police cannot be criminalized and that many agencies have been reticent to change their policy. Still, I'd like to see it from an objective source.
I am sure you could google it. Man who recorded Round Rock police sues, alleging unlawful arrest
 
What's the part I remember about USING your constitutional rights or you will lose them? Seems to be the case. People so rarely use their rights that even cops either don't remember them as rights or don't care.
 
A good ol' fashioned cop hater thread. We haven't had one of these in a while.
Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them. :) Pretty sad when a 25 year old student knows more about the law and constitution than someone that's supposed to uphold said constitution and law.

Well I don't know what actually happened since you linked to a very biased website. I do know that the Supreme Court made very clear that videotaping the police cannot be criminalized and that many agencies have been reticent to change their policy. Still, I'd like to see it from an objective source.
I am sure you could google it. Man who recorded Round Rock police sues, alleging unlawful arrest
The links article is a good read. It seems everything is going to hinge on the "failure to identify" charge. If he wins; he'll win big.
If he loses...
 
A good ol' fashioned cop hater thread. We haven't had one of these in a while.
Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them. :) Pretty sad when a 25 year old student knows more about the law and constitution than someone that's supposed to uphold said constitution and law.

Don't worry, mean threads are worse than violating someones rights!
 
FTA:
According to Round Rock police internal affairs documents that Turner provided to the American-Statesman, police Lt. Golden Grant in a written reprimand said that Hernandez “detained him (Turner) illegally by handcuffing him and telling him he was only free to leave if he identified himself first.”

“Paul, it is my expectation you familiarize yourself with the Fourth Amendment rights dealing with ‘search and seizure’ and refrain from violating any subjects’ constitutionally protected rights,” Grant wrote.

snip

As the video progresses, Hernandez offers Turner an ultimatum: “You either show me an ID, or I place you in cuffs for failure to identify.”

“Do you know what failure to identify is? I have to be detained first,” Turner says.

According to Texas law, failure to identify becomes an offense if the person “intentionally refuses to give a name, residence address, or date of birth to an officer who has lawfully arrested the person and requested the information.”

Hernandez then tells Turner he is being detained for suspicious activity.

Is “being suspicious a crime?” Turner asks before being handcuffed.

:rofl: uhhh, I'll charge you! With SOMETHING! OH, wait...not that thing...I'll charge you with another thing.
 
Demanding ID is a "soft" way of violating the Supreme Court's decision that videotaping the police is lawful activity. If it's lawful, then using tactics to intimidate those exercising that right cannot be allowed. I've had this issue when I open carry in various parts of Idaho. It's legal, but sometimes cops think they can discourage it by putting me through the wringer. I politely tell them that carrying a gun is not suspicious activity and that by asking for my identification, they are harassing me for a lawful activity. Most cops are well aware of this and steer clear of a confrontation and for the rest, it's an opportunity to educate them on my rights.
 
FTA:
According to Round Rock police internal affairs documents that Turner provided to the American-Statesman, police Lt. Golden Grant in a written reprimand said that Hernandez “detained him (Turner) illegally by handcuffing him and telling him he was only free to leave if he identified himself first.”

“Paul, it is my expectation you familiarize yourself with the Fourth Amendment rights dealing with ‘search and seizure’ and refrain from violating any subjects’ constitutionally protected rights,” Grant wrote.

snip

As the video progresses, Hernandez offers Turner an ultimatum: “You either show me an ID, or I place you in cuffs for failure to identify.”

“Do you know what failure to identify is? I have to be detained first,” Turner says.

According to Texas law, failure to identify becomes an offense if the person “intentionally refuses to give a name, residence address, or date of birth to an officer who has lawfully arrested the person and requested the information.”

Hernandez then tells Turner he is being detained for suspicious activity.

Is “being suspicious a crime?” Turner asks before being handcuffed.

:rofl: uhhh, I'll charge you! With SOMETHING! OH, wait...not that thing...I'll charge you with another thing.

You can detain someone on the grounds of reasonable suspicion And it's perfectly legal...even if it's found in hindsight that no crime occurred. Terry vs. Ohio SCOTUS.
 
Demanding ID is a "soft" way of violating the Supreme Court's decision that videotaping the police is lawful activity. If it's lawful, then using tactics to intimidate those exercising that right cannot be allowed. I've had this issue when I open carry in various parts of Idaho. It's legal, but sometimes cops think they can discourage it by putting me through the wringer. I politely tell them that carrying a gun is not suspicious activity and that by asking for my identification, they are harassing me for a lawful activity. Most cops are well aware of this and steer clear of a confrontation and for the rest, it's an opportunity to educate them on my rights.

That's true. However...what's your opinion of open carry NEAR a school? I highly doubt you're this type...but some open carry guys will carry a big gun on the sidewalk in front of a school just to create 911 calls and the inevitable police response...but then refuse to give ID and it's obvious they wanted the confrontation.

Now...in my opinion...with recent school shootings i actually think it's reasonable to stop someone with a gun who is near a school. What is "near"?? Tricky. Within 100 yards maybe. But it varies I'm sure. Even though there's absolutely nothing illegal about carrying the gun openly in OC states...I think it falls into the category of Terry vs. Ohio of a crime that "might" be about to occur. I think it's reasonable for the cops to stop and Guage the person's demeanor at least.
 
FTA:
According to Round Rock police internal affairs documents that Turner provided to the American-Statesman, police Lt. Golden Grant in a written reprimand said that Hernandez “detained him (Turner) illegally by handcuffing him and telling him he was only free to leave if he identified himself first.”

“Paul, it is my expectation you familiarize yourself with the Fourth Amendment rights dealing with ‘search and seizure’ and refrain from violating any subjects’ constitutionally protected rights,” Grant wrote.

snip

As the video progresses, Hernandez offers Turner an ultimatum: “You either show me an ID, or I place you in cuffs for failure to identify.”

“Do you know what failure to identify is? I have to be detained first,” Turner says.

According to Texas law, failure to identify becomes an offense if the person “intentionally refuses to give a name, residence address, or date of birth to an officer who has lawfully arrested the person and requested the information.”

Hernandez then tells Turner he is being detained for suspicious activity.

Is “being suspicious a crime?” Turner asks before being handcuffed.

:rofl: uhhh, I'll charge you! With SOMETHING! OH, wait...not that thing...I'll charge you with another thing.

You can detain someone on the grounds of reasonable suspicion And it's perfectly legal...even if it's found in hindsight that no crime occurred. Terry vs. Ohio SCOTUS.

Yeah but don't they need a reason other than because they believe it?
 
Demanding ID is a "soft" way of violating the Supreme Court's decision that videotaping the police is lawful activity. If it's lawful, then using tactics to intimidate those exercising that right cannot be allowed. I've had this issue when I open carry in various parts of Idaho. It's legal, but sometimes cops think they can discourage it by putting me through the wringer. I politely tell them that carrying a gun is not suspicious activity and that by asking for my identification, they are harassing me for a lawful activity. Most cops are well aware of this and steer clear of a confrontation and for the rest, it's an opportunity to educate them on my rights.

And you haven't been detained for suspicious activity? I wonder what the difference could be to allow you multiple run ins and the opportunity to speak about things like your rights?
 
Demanding ID is a "soft" way of violating the Supreme Court's decision that videotaping the police is lawful activity. If it's lawful, then using tactics to intimidate those exercising that right cannot be allowed. I've had this issue when I open carry in various parts of Idaho. It's legal, but sometimes cops think they can discourage it by putting me through the wringer. I politely tell them that carrying a gun is not suspicious activity and that by asking for my identification, they are harassing me for a lawful activity. Most cops are well aware of this and steer clear of a confrontation and for the rest, it's an opportunity to educate them on my rights.

That's true. However...what's your opinion of open carry NEAR a school? I highly doubt you're this type...but some open carry guys will carry a big gun on the sidewalk

Bucs just acknowledged that they use ID as a soft way of violating SCOTUS decisions and quickly changed the topic. Good job old chap!
 
Demanding ID is a "soft" way of violating the Supreme Court's decision that videotaping the police is lawful activity. If it's lawful, then using tactics to intimidate those exercising that right cannot be allowed. I've had this issue when I open carry in various parts of Idaho. It's legal, but sometimes cops think they can discourage it by putting me through the wringer. I politely tell them that carrying a gun is not suspicious activity and that by asking for my identification, they are harassing me for a lawful activity. Most cops are well aware of this and steer clear of a confrontation and for the rest, it's an opportunity to educate them on my rights.

That's true. However...what's your opinion of open carry NEAR a school? I highly doubt you're this type...but some open carry guys will carry a big gun on the sidewalk in front of a school just to create 911 calls and the inevitable police response...but then refuse to give ID and it's obvious they wanted the confrontation.

Now...in my opinion...with recent school shootings i actually think it's reasonable to stop someone with a gun who is near a school. What is "near"?? Tricky. Within 100 yards maybe. But it varies I'm sure. Even though there's absolutely nothing illegal about carrying the gun openly in OC states...I think it falls into the category of Terry vs. Ohio of a crime that "might" be about to occur. I think it's reasonable for the cops to stop and Guage the person's demeanor at least.
They can observe from a distance but they cannot harass. There's an Open Carry community in Idaho of which I'm a member and police are well advised that open carry itself does not constitute reason for a "terry stop." Police are also educated on certain known statistics, especially that crimes being committed by citizens open carrying a well holstered pistol do not commit crimes. It would be exceptionally rare. In almost every case of a violent crime being committed, the gun is not advertised, it is concealed and brought out just before the criminal activity starts.

You got too much of that cop left in your brain. Gotta let that go friend, like I did. We aren't cops anymore.
 
Demanding ID is a "soft" way of violating the Supreme Court's decision that videotaping the police is lawful activity. If it's lawful, then using tactics to intimidate those exercising that right cannot be allowed. I've had this issue when I open carry in various parts of Idaho. It's legal, but sometimes cops think they can discourage it by putting me through the wringer. I politely tell them that carrying a gun is not suspicious activity and that by asking for my identification, they are harassing me for a lawful activity. Most cops are well aware of this and steer clear of a confrontation and for the rest, it's an opportunity to educate them on my rights.

And you haven't been detained for suspicious activity? I wonder what the difference could be to allow you multiple run ins and the opportunity to speak about things like your rights?
I cannot be detained just for open carry. If I am, I'll file a complaint with the police department and it will be handled effectively because that officer will be in violation of his own agency's policy. The cops here know that OC is legal and people doing it expect not to be harassed any more than concealed carriers.
 

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