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Old 03-28-2008, 06:56 PM   #81
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Chris doesn't own enough bandwidth!
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So is refusing to give it up.

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Old 03-28-2008, 06:56 PM   #82
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why did it take 3 days to figure out the mistake? is that what you are asking?
kinda i mean obviously something wasnt right, they got the wrong guy
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Well, at the time, I didnt feel as if I did anythign wrong, then they pop the trunk, and it just made things worse!
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plus I figure if you dont consent, you must be hiding something.
+1 cops think its easy to deal with them, and they alway assume the worste like they should, but you dont conscent they get a dog, you do and the cops say you shouldnt of sdone that, make a scne and your gets tased lol
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Old 03-28-2008, 06:58 PM   #83
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this aint the first time this has happened, i even recall a thread by i think carlos flores about hpd cops pulling him over in pasadena and detaining him sayin he was the guy they were chasing all ****in bike look the same, man i now know what it feels to be black
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Old 03-28-2008, 07:00 PM   #84
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Try being mexican..
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So is refusing to give it up.

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Old 03-28-2008, 07:02 PM   #85
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try being named shamir and brown
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Old 03-28-2008, 07:02 PM   #86
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kinda i mean obviously something wasnt right, they got the wrong guy




+1 cops think its easy to deal with them, and they alway assume the worste like they should, but you dont conscent they get a dog, you do and the cops say you shouldnt of sdone that, make a scne and your gets tased lol
Regardless of what yall think PO does that is in your opinion "right" or "wrong", most of the smart ones will always act in their own best interest and safety- like Chris' story about getting pulled over in his Civic. How was that cop supposed to know you were or were not armed after getting the same description of your vehicle for a burglary?

Just like all the other threads about how the PD is so wrong all the time, this thread has the same characteristics:

Not enough information
One side of a third hand story
Cop is an "" for doing his job

Right or wrong, everything will come out in the wash. Either your friend will win and the PO will get dinged, or the PO will "win" and nothing more will come of it.

Simple, but true.
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Old 03-28-2008, 07:11 PM   #87
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I think what you're missing is that there could have been someone on a katana who did run from the cop and the guy, not knowing any better, took him in on it (if that is how the laws work). He was probably just doing his job the best way he could, sucks that it took three days to make sure it was or wasn't the right guy and I doubt he apologized, but it could have been a whole lot worse.

On the other hand theres the possibility of something more sinister, but I don't want to cast your friends character in a bad light since I don't even know him. But you can't really know whats what unless you're one of the people involved.

I don't think its alright to just ignore it and let it slide, but there isn't a whole lot you can do since it appears no one is at fault. Thats just the way it works, and if you can think of a way to make it work better hopefully there is someplace or person that will listen.
Is trying to find sportbikes that ran weeks ago really a top priority with the police department ? If it is and the bikers only known crime was running (weeks ago ) i call bullshit
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Old 03-28-2008, 07:12 PM   #88
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Is trying to find sportbikes that ran weeks ago really a top priority with the police department ? If it is and the bikers only known crime was running (weeks ago ) i call bullshit
If it walks like a duck...
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Old 03-28-2008, 07:14 PM   #89
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I have always wondered what a LEO can do once you say no to a search. I have heard several stories. Can you set me straight. What they can and cant search.

Thanks.
It depends on the situation, search and seizure law can be dicey at times. But you really must look at the total situation. If an officers takes the time to ask for your consent to search then he knows that he doesn't have pc to search your vehicle. thats why he's asking. Usually they are looking for or think you may have some type of drugs or contraband.

If its drugs they are looking for they will usually call out narcotics k9 to sniff the air around the vehicle. This IS ONLY IF YOU ARE NOT UNDER ARREST. Case law has established the k9's can sniff the air around your vehicle for drugs, explosives, etc. If the dog hits on a portion of the vehicle then they have pc to conduct a search of the vehicle, based on what the dog detected.

Verbal consents are kinda bullshit. and from a legal stand point a decent lawyer can work up a pretty good defense around a verbal consent. A written consent is better and is what I usually did when I use to chase dope. I would fully explain your rights and it was written on paper in front of you. And you kept a copy of it.

On consent searched you can always say "no". So what if they cop gets mad or thinks you did it. **** him, tough fukin titty. But if you have a key of blow in the truck then you're ****ed either way.

Heres how i used to catch small time dealers. You ride the hood at nite and look for anything out of the ordinary. In the ghetto pretty much everything is but thats beside the point. I see wannabe Tony Montana riding a bike at night with no headlamp. Thats a class C offense, I can arrest him and take him to jail for riding a bike at night with no head light. So I stop him, tell him why he's going to jail behind his bike. But in order to take him to jail or even put him in your car he has to be searched. Not a pat down, but a full blown search. He's under arrest for the class c right? So I do a good search because the avg dope dealer and gonna keep the in his pockets. The smart one keep it in their mouth or in teh crack of their . If their girl is nearby its probably in her *****. Sometimes they will hold it close by..tree, mail box, whatever. So I find a rock in his left shoe and it field tests positive for cocaine. That class c arrest has now changed into a Felony PCS case. That is what we call search incident to arrest.

He couldn't say no to that search becuase

1. He was going to jail anyway behind the bike
2. whatever i found on him takes precedent over the lesser charge.

Last edited by andre3k; 03-28-2008 at 07:18 PM.
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Old 03-28-2008, 07:16 PM   #90
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I counted 6 morons in just the first 2 pages. I'm not going to offer any advice because thus far all the good advice has either been construed to make the publisher look bad or just not understood due to a lack of actually wanting the facts. Andre is pretty on point on everything he has suggested. Your friend probably did something wrong and I doubt the DA dropped charges after 3 days, he most likely bonded. DA reviews charges before anyone goes to jail in Harris county, AND a JUDGE reviews them within the first 48 hours for any person arrested in the state of Texas. So the cop, DA, and Judge found probable cause to hold him there, inevitably there is more to this story that we do not know. Candie I'm sorry but you seem to have a real issue with police in general, I've seen it in many of your posts. Next time you have a gun in your face do what the officer says. There are ways of dealing with stuff you do not agree with and it certainly is not defying the officer's commands on the spot. At that point if they rushed you and ripped you from the car and put you face first on the pavement they would have had 100% reasonable cause regardless of what happened up to that point. I agree that it sucks to get screwed for something you did not do but you have to understand what is the right and wrong way to go through the system(Take Chris's story for example, he did nothing wrong but if he sat in his car and repeatedly told the officer " you" something bad would have happened. He did as they said and then they realized they were in the wrong and he went on his way). Well this post went on further than I intended, good luck to your friend and keep us posted on his complaint.
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"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."

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Old 03-28-2008, 07:18 PM   #91
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It depends on the situation, search and seizure law can be dicey at times. But you really must look at the total situation. If an officers takes the time to ask for your consent to search then he knows that he doesn't have pc to search your vehicle. thats why he's asking. Usually they are looking for or think you may have some type of drugs or contraband.

If its drugs they are looking for they will usually call out narcotics k9 to sniff the air around the vehicle. This IS ONLY IF YOU ARE NOT UNDER ARREST. Case law has established the k9's can sniff the air around your vehicle for drugs, explosives, etc. If the dog hits on a portion of the vehicle then they have pc to conduct a search of the vehicle, based on what the dog detected.

Verbal consents are kinda bullshit. and from a legal stand point a decent lawyer can work up a pretty good defense around a verbal consent. A written consent is better and is what I usually did when I use to chase dope. I would fully explain your rights and it was written on paper in front of you. And you kept a copy of it.

On consent searched you can always say "no". So what if they cop gets mad or thinks you did it. **** him, tough fukin titty. But if you have a key of blow in the truck then you're ****ed either way.

Heres how i used to catch small time dealers. You ride the hood at nite and look for anything out of the ordinary. In the ghetto pretty much everything is but thats beside the point. I see wannabe Tony Montana riding a bike at night with no headlamp. Thats a class C offense, I can arrest him and take him to jail for riding a bike at night with no head light. So I stop him, tell him why he's going to jail behind his bike. But in order to take him to jail or even put him in your car he has to be searched. Not a pat down, but a full blown search. He's under arrest for the class c right? So I do a good search because the avg dope dealer and gonna keep the in his pockets. The smart one keep it in their mouth or in teh crack of their . Sometimes they will hold it close by..tree, mail box, whatever. So I find a rock in his left shoe and it field tests positive for cocaine. That class c arrest has now changed into a Felony PCS case. Thats is what we call search incident to arrest.

He couldn't say to to that search becuase

1. He was going to jail anyway behind the bike
2. whatever i found on him takes precedent over the lesser charge.

I'm surprised HC doesn't require every officer to have signed consent to search, they even went that route here in Walker County due to all the morons coming back afterwards with the "I didn't say that" excuse.
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"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-28-2008, 07:21 PM   #92
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Good explanation. Did you happen to see my post (#67)? If so, can you provide some additional explanation? Is it like on tv? They can arrest you but can only hold you so long before having to let you go if the DA doesn't pursue charges?

I.e. could it be possible the officer thought this was the guy, took him in, and during the 3 days he was there, it was determined there wasn't enough evidence and they let him go?
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Old 03-28-2008, 07:25 PM   #93
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that sounds BUNCH BS n-e-ways sue that Cop that would i do .........
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Old 03-28-2008, 07:37 PM   #94
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Is trying to find sportbikes that ran weeks ago really a top priority with the police department ? If it is and the bikers only known crime was running (weeks ago ) i call bullshit
I don't get what you're saying. His only known crime can't be running from the police because he had to have been doing something illegal to get the sirens going in the first place. I would think any cop would be eager to nab someone who 'got away' from them if they happened upon them again by coincidence. Like I said before if you aren't the cop or the detainee there is no way you know the whole story.
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Old 03-28-2008, 07:39 PM   #95
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Good explanation. Did you happen to see my post (#67)? If so, can you provide some additional explanation? Is it like on tv? They can arrest you but can only hold you so long before having to let you go if the DA doesn't pursue charges?

I.e. could it be possible the officer thought this was the guy, took him in, and during the 3 days he was there, it was determined there wasn't enough evidence and they let him go?

Ok I make the arrest, book the guy, i do the report and charges right after he gets booked in. At that point its outta my hands. Nothing really gets dropped until just before a trial, and a judge dismisses a case not a da.

The DA wouldn't even take a charge unless the all the elements of an offense are met. The number one thing is making sure that you have the right person. And they will not accept charges on someone if no one can positively id that individual as having committed that crime.

If you're sloppy drunk and pass out behind the wheel and run into a tree. I find you there and there a bottle on Jack in the passenger seat, half empty, and you are absolutely faced. The DA will not take a charge of DWI on that guy unless someone can put him as actually driving the vehicle. Doesn't matter that he just his pants in your back seat, the half empty bottle of jack, or the fact that he ran into a tree. If no one saw him do it, then with a dwi charge you cant make a case. A really good da would take a chance on it and see if it goes to trial.

Dont take this example and try to apply it to a murder case or something, i'm just giving an example for a dwi case.
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Old 03-28-2008, 07:43 PM   #96
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So is it mandatory that you get the DA approval BEFORE booking the guy/putting him into the actual jail? Or is it possible that someone can be put in jail PENDING DA acceptance of the evidence against that person?

Basically, I'm asking if it's POSSIBLE (since I don't know how things work, in what order, etc) that this guy was arrested and held for a few days before the DA was notified of the 'evidence' against him and then said "no, not enough evidence, let him go."

Thanks,
I'm not an officer so my advice isn't first hand. I am a CJ major though.

It isn't this way in all counties but in HC, a cop must get approval before even booking somebody. Then Texas law requires that the person arrested must be allowed to meet w/ a Judge within the first 48 hours and the Judge will review the charges and offer up a bond type & amount. After that it is up to the criminal to come up with the bond money(generally through a bondsman as the numbers to the local bondsmen will be posted in the cell above the phone) and as soon as they do they are free to go. It is doubtful that the DA decided there wasn't enough evidence and just turned him loose as that is the point of having to get approval before making the arrest.

Prosecutors receive the charges from the court and have time to review them before meeting at the first arraignment(usually ~1 month after the arrest, depending on case loads). This is generally when charges will be dropped if the prosecutors feel they won't be able to make a decent case against you.

Andre, if any of this is wrong please correct me.
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"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-28-2008, 07:45 PM   #97
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Seems we were typing at the same time
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nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-28-2008, 07:50 PM   #98
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I think what you're missing is that there could have been someone on a katana who did run from the cop
Yeah. Doesn't Azylum live in that part of town?
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Old 03-28-2008, 07:54 PM   #99
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I don't get what you're saying. His only known crime can't be running from the police because he had to have been doing something illegal to get the sirens going in the first place. I would think any cop would be eager to nab someone who 'got away' from them if they happened upon them again by coincidence. Like I said before if you aren't the cop or the detainee there is no way you know the whole story.
What was his crime then ?
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Old 03-28-2008, 07:56 PM   #100
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wow, lol wrote a book

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