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oncerned that a black man could be stopped for no reason and no remedial training or discipline be imposed she wasn t happy with wilson s performance at all oops so now wilson s job is on the line this is what needs to happen folks if the chiefs will not take action they need to be held accountable it s the only way things will change san antonio police prove that they do not understand failure to id law august 28 2015 excop lawyer uncategorized 52 comments the battousai has done it yet again this started with a simple photography exercise at a federal facility the nsa in san antonio here there is a problem with his filming which is actually the first time i ve really seen him make a mistake under state law there is no prohibition on filming but under federal law there is under 18 u s c 795 photography of a defense facility may be prohibited under pain of arrest fine and imprisonment for up to a year plus the battousai filmed the federal warning sign that stated it was a federal violation but all was well the san antonio pd sapd officer was ignorant as he tried to tell the battousai that he had to carry id with him in texas which as we have pointed out multiple places on this blog is simply not true then the battousai starts to leave and the dance begins here the officers follow him around they are waiting for him to get in a car so they can stop him but that isn t working so the battousai walks across the street and the officers make their second mistake they stop him for not crossing at a crosswalk the battousai knew the state law that even if a crosswalk wasn t marked it still existed at an intersection the problem is that where he crossed is not an intersection where private parking lot or drives meet a public roadway is not an intersection so he wasn t at an intersection all was not lost because the officers had not gotten any smarter the violation is not crossing where there is not an intersection the violation is pedestrian failing to yield the right of way to vehicle while not in crosswalk see bolds v state 14 07 00952 cr 2008 wl 5341341 at 2 tex app houston 14th dist dec 23 2008 no pet a pedestrian shall yield the right of way to a vehicle on the highway if crossing a roadway at a place other than in a marked crosswalk or in an unmarked crosswalk at an intersection now from what i saw no cars were interfered with none had to brake swerve stop etc in other words there was not a violation there other ways to make it a violation but they don t apply here i imagine that when the assistant district attorney was looking at this he was trying to figure out a way to make it stick but couldn t so the battousai got released now the battousai is looking to crowd fund a civil rights lawsuit while he is certainly free to do so i m not sure that these are the right facts to move on but if you want to here is his gofundme link a lesson on failure to id law in texas august 22 2015 excop lawyer uncategorized 13 comments i just found this he explains it very well for a layman one issue where he talks about video recording police and cites 21 15 tex pen code that s not really valid that section deals with improper photography for sexual gratification in other words for those pervs who plant cameras in restrooms etc second that section was struck down as unconstitutional see ex parte thompson 442 s w 3d 325 tex crim app 2014 but see prosecution of the offense of invasive visual recording 2015 tex sess law serv ch 955 s b 1317 vernon s new version of the law narrowed but unlikely to survive strict scrutiny instead base your filming of the police on the first amendment and general case law in any event this is a good explanation of the fail to id law in texas the lppa professional police or merely bullies trying to silence elected officials august 15 2015 excop lawyer excessive force jeremy c jones jermy c jones jose carlos escargega ysaias lppa lubbock police lubbock professional police association obstruction police officer retaliation victor hernandez 7 comments in this video you see lubbock police officers apparently abusing a hispanic male who is sitting beside a wrecked lubbock squad car you see the first office come up and without provocation kick jose carlos escarcega ysaias in the face and then the beating begins other than to say that it is wrong i m not going to comment on that nor on escarcega s unprovoked violent assault on lubbock police corporal ryan durrett nor will we be discussing it in the comments on that we are going to wait and see what the internal affairs investigation reveals no what we are going to focus on it the attempt of the lubbock professional police association lppa to silence a sitting city councilman from calling for an investigation into possible criminal violations by city employees council member victor hernandez after viewing the video at the request of the city manager james loomis publicly called for an investigation of the actions depicted in the video as he should have he is an elected representative of the people and that s what they hired him to do lppa president jeremy jones doesn t agree and falsely accused hernandez of committing a felony in releasing a statement on the matter jones feels that hernandez may have violated article sic 39 06 of the texas penal code misuse of official information which is a third degree felony jones is full of crap what hernandez did comes no where near meeting the elements of the offense for section 39 06 to be charged with that crime hernandez would have to have intended that harm come to any person presumably an officer who participated in the apparent beating have disclosed information not available to the public for a non governmental purpose and the information had to be exempt from disclosure under the open records act did you notice that last part the information had to be exempt from disclosure it is not enough that the information had not yet been disclosed it must be information that the government cannot disclose the video isn t it because the local tv station obtained the video the next day under the open records act oops this was a straight attempt to intimidate an elected official who was concerned about police beating a suspect without justification period perhaps jones should have looked at the obstruction or retaliation statute 36 06 tex pen code it seems like threatening a public servant with a bunch of false charges on account of their duties to represent the people is a felony jones should be aware of that police use it all the time maybe someone should talk to jones about his actions sovereign citizens being owned for your viewing pleasure updated august 4 2015 excop lawyer uncategorized 38 comments you gotta just love how dedicated to completely idiotic ideas these guys are i ll be happy to address any questions on the applicable laws that anyone has but suffice it to say that all of these nutcases were wrong update oh addison you had done so well and now this shows that you still have work to do june 25 2015 excop lawyer uncategorized 26 comments i don t know that you are doing something to plot something against the police department officer bagley 179 that pretty much says it all the officer does not know if the photographer is doing something uh officer that means you do not have reasonable suspicion much less probable cause then the officer demands identification and brett sanders refuses fully aware that 38 02 of the penal code only requires that he identify himself if he is under arrest there is not an offense if he is merely detained and then the officer takes sanders to the ground without more info i m hesitant to say more but it would appear that the officer was completely out of line i do know that the officer safety comments about the cell phone are bull as a side note it has been my experience in over 20 years of law enforcement that officers who shave their heads tend to be overly aggressive prima donnas while i could be wrong take a look at the video just saying however sanders is wearing a perfectly legal cap and ball revolver which is a replica of a pre 1899 weapon the problem is that this can give the officer reasonable suspicion that sanders is committing the offense of unlawfully carrying a weapon sanders is not but until the officer can verify that the revolver is a pre 1899 replica it could have very well been a cartridge revolver which would be a crime the issue is that gives the officer an out even if he did not articulate it at the time the law will bend over backwards for idiots so long as they re police officers and will give him credit for actual reasonable suspicion even if the idiot officer didn t know it at the time however this does not allow the officer to identify sanders and does not allow him to search sanders for identification for more information see the pinac article catching up with the battousai june 11 2015 excop lawyer uncategorized 20 comments the battousai does a very good job in filming police first he does not talk too much and second he knows the law here are some of his latest clips in cedar park a young officer apparently did not like being filmed based on his actions he was about to issue a parking citation but the lieutenant put an end to it in grand prairie one officer contacts him and handles it properly but talks to him and tries to convince him to identify himself there is nothing wrong with that especially since the officer specifically states that he does not have to identify himself round rock the first place we saw the battousai handles it properly this time however in dallas police officers tell him he cannot be on the public right of way adjacent to a dedicated city street threatening him with trespass really and then you have austin pd although they did not arrest him it is fairly clear that they violated his rights and that they did not understand the limitations on identification under 38 02 tex penal code pearland texas and brazoria county apparently needs training on both failure to id and open carry may 28 2015 excop lawyer uncategorized 9 comments on april 29 2015 brazoria county texas deputy constable carlos bustos approaches an individual who is apparently open carrying a rifle over his back the individual asked if he was being detained and was told that he was not but when he attempted to leave was stopped by the deputy he attempts to leave again and the deputy wants to know if the rifle is unloaded uh deputy there is no law that states that the rifle has to be unloaded and if challenged on it you can t turn it around and require that the citizen prove that there is a law which allows him to carry a loaded rifle you see in this country to create a crime the legislature must explicitly state what the violation is to notify the public what the law is pearland police officer brown took the same approach that the weapon had to be unloaded and upped the ante by informing the citizen that he had to identify himself or he would be arrested for failure to identify at 3 00 again this is not correct a person is under no obligation under texas law to identify themselves unless they have been arrested this is clear well established law then at about 14 00 in the video deputy bustos claims that the citizen doesn t have any respect for the law because he won t answer the officers questions or comply with their unlawful demands he really doesn t understand that to detain citizens he has to have reasonable suspicion of a real crime not something that he made up and at 18 45 deputy bustos suggests that the citizen take it up with his legislators because they wrote those laws except that the citizen is correct and there is no such law in texas finally at the very end of the video deputy bustos apologized for his mistake deputy bustos appears to be from precinct 2 contact information is available at the link the pearland police department contact information is here older entries search recent posts galveston sgt archie chapman indicted does any police department in texas actually teach their officers the law apparently not galveston pd edition lancaster texas chief on administrative leave over an internal affairs investigation of a lieutenant san antonio police prove that they do not understand failure to id law a lesson on failure to id law in texas recent comments argle bargle ablat on galveston sgt archie chapman gindjurra on galveston sgt archie chapman excop lawyer on galveston sgt archie chapman dallascynic on galveston sgt archie chapman falutin free on galveston sgt archie chapman falutin free on galveston sgt archie chapman falutin free on galveston sgt archie chapman john smith on galveston sgt archie chapman john smith on galveston sgt archie chapman burgers allday on galveston sgt archie chapman blogs i follow archives archives select month february 2016 1 november 2015 1 september 2015 1 august 2015 4 june 2015 2 may 2015 3 march 2015 1 february 2015 7 january 2015 1 december 2014 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