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Old 03-28-2008, 05:45 PM   #21
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Quote:
Originally Posted by OMEGA View Post
what im sayin or asking is what do you do when in a situation like this? just go to jail and accept it? i mean cops have dash cams and and can call for back up, but the cop took him on a false charge, if he was running, would they drop charges 3 days later?
Google Houston PD Internal affairs to start the complaint process. they will investigate it and your friend will get the results of the investigation. Believe me complaints are taken seriously and its a huge pain in the for the officer involved.

Or he can use Alternative Dispute Resolution Unit. You sit down face to face with the officer. You can say **** you, or whatever. Its just you the oficer and the mediator. The number is on the HPD website.
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Old 03-28-2008, 05:45 PM   #22
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Quote:
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we cant make any arrest unless the DA approves it
. So DA approval = no arrest for class b and above misdemeanors. I doubt he was simply arrested based on the tail light, it aint that easy. I wish it would but it aint.
so whats the process if you dont mind me asking? you guys call it in first to the da and they approve it? i can imagine if the cop swears this guy is the guy he chased the da would approve it, lmk how the system works
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Old 03-28-2008, 05:46 PM   #23
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Quote:
Originally Posted by hotcknstrips View Post
so the cop got a 'go ahead' by the DA while he was i his patrol car eyeing this guuy in the kan o tuna? I didn't know that's how it worked.
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Originally Posted by GSXR FTW View Post
but the cop still made the decission to arrest him and ask the DA is they will accept charges....
my questions exactly
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Old 03-28-2008, 05:46 PM   #24
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Quote:
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but the cop still made the decission to arrest him and ask the DA is they will accept charges....
The officers has to have probable cause for the stop AND meet all the elements for that offense in the penal code.
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Old 03-28-2008, 05:47 PM   #25
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Quote:
Originally Posted by andre3k View Post
Google Houston PD Internal affairs to start the complaint process. they will investigate it and your friend will get the results of the investigation. Believe me complaints are taken seriously and its a huge pain in the for the officer involved.

Or he can use Alternative Dispute Resolution Unit. You sit down face to face with the officer. You can say **** you, or whatever. Its just you the oficer and the mediator. The number is on the HPD website.
i hear ya man, like i said this is what im finishing up 60 hours for, i dont want to be that cop that has something in you know,
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Old 03-28-2008, 05:48 PM   #26
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Quote:
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my questions exactly
You really don't know anything though. You are basing your whole argument on what your buddy said. Wow I wish thats the only thing we needed to prosecute cases.

Get a full copy of the report and a copy of the charges then make your decision about what really happened.
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Old 03-28-2008, 05:49 PM   #27
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Old 03-28-2008, 05:50 PM   #28
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Quote:
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that is where you are wrong.

on a motorcycle, a cop can pull you over anytime he wants to make sure that there is a "DOT" sticker visable on the back of your helmet! IT IS UBER GAY! but true!
I stated that a DA is needed for class b and above charges. what you are talking about is a class c ticket.

Thanks for telling me how to do my job.
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Old 03-28-2008, 05:50 PM   #29
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forget it, you'r friend will loose.

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Old 03-28-2008, 05:50 PM   #30
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Old 03-28-2008, 05:51 PM   #31
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Old 03-28-2008, 05:52 PM   #32
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yall dont f'in read.
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Old 03-28-2008, 05:53 PM   #33
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Old 03-28-2008, 05:54 PM   #34
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Quote:
Originally Posted by GSXR FTW View Post
As i said.....


A COP DOES NOT HAVE TO HAVE PROBABLE CAUSE TO PULL A MOTORCYCLE OVER PERIOD!!!

thanks for not understanding....
Ok so what is this based from?

You have to have PC to conduct any traffic stop.
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Old 03-28-2008, 05:54 PM   #35
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Quote:
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Its not how it works. Which is why it sounds kind of weird. A DA approval on a traffic citation? Im not a cop nor a lawyer, but I know for a fact that even if you have a warrant, the cop isn't calling the DA. Good Lord.
Doooooooooood....re-read, I stated that the cop was eyeing the guy in the kan o tuna


Good grief! lol
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Old 03-28-2008, 05:56 PM   #36
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Old 03-28-2008, 05:58 PM   #37
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ok ok andre the da fault fine its all good, the cop had nothing to do with, it,
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Old 03-28-2008, 05:59 PM   #38
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Not all cops are bad and im sure your friend did something else to get the cops attention .. Alot of cops Ive come in contact are usauly pretty cool.. as long as you mind your p's and q's ... We had a group of 5 at chilis gearing up when a cop showed up and the exact words out of his mouth where "Wana race? You win I'll pull you over and give you a ticket" then he laughed and someone said "if you can catch me" and he laughed and said "thats true" then started talking to us about bikes really cool cop from jacinto city.. where I though all cops where bad :P
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Old 03-28-2008, 06:00 PM   #39
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Quote:
Originally Posted by andre3k View Post
Anybody can sue for anything. Your friend can do anything he pleases. If anybody wants to be mad, then be mad at the District Attorney. The DA accepts all charges before anyone sets foot inside of the Harris County Jail. The arresting officer has to do the offense report and then does the charges, which include a probable cause statement. .
BS....SUE....The DA has to be TOLD the situation by the POPO 2 see if the situation warrants arrest. THIS POPO had no right 2 even take it 2 the call with "a general tail light" description, it's obvious this LIED 2 EVEN GET the DA 2 agree 2 bring homeboy in!

It happened 2 me not 2 long ago....long story... Cop walking thru traffic at a red light giving tickets was apparently walking from behind my truck 2 attempt 2 pull me over on foot. My light turned green before i ever saw him so i proceeded 2 make my right hand turn, and no he hadn't reached the side of my truck by the time my light went green, so i never even knew he was there.

About 3 lights after my turn, he pulls in front of me at another light (now in his car), blocking the intersection, got out and pulled his gun, walked 2 the truck, and ordered me 2 get out. I asked what was up, he said i was evading...

I told him he musta had the wrong person and attempted 2 tell him where i was coming from, he yelled for me 2 get out the truck while continuing 2 hold me at gun point so i said " u call ur sargeant" (sp), he asked again, i said " u, call ur sargent, and call IA out, u have no reason 2 be holding me at gunpoint right now, ur life has not been in any danger", when he realized i wasn't about 2 go anywhere or do anything, he yelled for me 2 pull my truck over in a parking lot next 2 the intersection, i did. Then he yelled "give me ur id and information", i again said " u call ur sargeant i'll give him whatever u want", he gets back in the car, i sit on the ground.

Sargeant pulls up talks 2 me, I told him this NEVER approached me 2 pull me over and NEVER made himself aware 2 me while at that light, and at no time was i EVER FLEEING from him. He goes and talks 2 him, comes back & says "the cop called the DA and explained what happen, and was told by the DA 'because u were walking up on the car and it wasn't clear that he approached my vehicle he couldn't take me for evading but can take me for any ticket he was writing, just b/c i gave him a hard time'."

I told the sargeant, "if i go 2 jail for any phucking thing today u can rest assure IA will have complaints against u & him on ur LT's desk by tomorrow from my attorney". He walked back over and calmed homeboy down, i took my ticket for no registration, and the original cop proceeded 2 continue telling me i should pull over when a cop attempts 2 approach my vehicle, and i told him next time a cop follows procedure correctly and justifably pulls me over i'll be happy 2 do so!!

i got away lucky i shoulda went 2 jail, but homeboy knew he didn't have proof on the evading and knew he was wrong for pulling a pistol on me, the sargeant was really cool and empathetic 2 my anger. I thanked him and told the original one thank u after all was said and done!

I saw the same at another light about 3 months later, this time i didn't have on a seatbelt and when his homie was walking over 2 give me a ticket, i rolled down the window so he could recognize me, while putting on my seatbelt and yelled at the "i know u gonna let me make it today, right", he smiled and said yeah and told his homie don't worry about the ticket and let me roll! He turned out 2 be cool, but this jerk went all the way with it!
SUE SUE SUE!!!!
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Old 03-28-2008, 06:01 PM   #40
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Heres a legal lesson for some of you. Heres the arrest process in a nutshell

1. legal contact
2. sensory assessment ( using your senses to see wtf is going on)
3. dialogue (let me talk to this guy and see wtf is going on)
4. suspicion (slurred speech, nervousness, bloodshot eyes, etc)
5. reasonable suspicion
6. search (by consent or incident to the arrest)
7. probable cause (based on all the previously listed factors)
8. arrest (call da and get charges approved)

CLASS B AND ABOVE OFFENSES ONLY!!!!
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