Not too long ago I posted comments about my clients illegal stop and arrest. Now it seems that the Deputy has been sanctioned by the Sheriff’s department. Below is the the video with comments from me on WFAA Channel 8.
Last night, WFAA’s David Schechter ran a story featuring myself and my client after an obviously illegal stop and illegal arrest.
In order for the police to stop and detain someone, they must have “Reasonable Suspicion” that a crime has occurred. This can, of course, include traffic offenses.
But in this case, it is quite clear there was no reasonable suspicion that a traffic offense was committed by my client. The video shows as much. This is confirmed by the police officer, who, in response to my client asking why he was pulled over, states:
The reason you’re being pulled over is because I’m gonna take your camera and we’re gonna use it as evidence of the crimes that have been committed by other bikers.
Obviously stopping someone because of crimes committed by others is not legal. If everyone that took video of others were a crime, everyone at our local news stations would already be in jail.
The other major issue here, is the obvious “creation” of a crime: the obstructed license plate charge.
Fox 4 News had an interesting story on the front license plate law. The law has always been that you have to have a front and back license plate on your car. Other states, however, only require a back plate.
Some people don’t know about this law, or purposely defy it because they don’t want to drill holes in their front bumper.
Time and time again, I have seen local police use this as an excuse to pull people over to see if they have been drinking. Its one of the may little traffic laws that law enforcement use as a pretext to stop a car when they are only looking for drunk drivers.
A big thank you to Lawrence Taylor, who told us recently about DWI/DUI roadblocks in my former stomping grounds of Gainesville, Florida, home of the Florida Gators (and Tim Tebow). In fact, I interned at at the State Attorney’s Office and Public Defender’s Office in Gainesville.
Many states have been pushing for roadblocks. An excuse to stop drivers suspected of no wrong doing, simply to check them out and see if they have been drinking. This has been pushed by MADD and other lobbyists on their behalf.
Well, it seems that FHP (Florida Highway Patrol) gave it a shot, and stopped over 1100 citizens. They were proud to report making over 100 arrests. . . . BUT . . .
In a DWI case, it is the officer’s opinion that the accused is guilty being the main source of evidence in the case. Juries are then asked by the State’s attorneys to trust the officer, that his/her judgement was correct.
A friend sent me this picture yesterday which demonstrates how officers always use good discretion. This is parked in front of the Collin County Courthouse.
In under three years on Ft. Worth’s police force, one officer is receiving accolades for arresting a ton of people for DWI. IN the article, "Going after DWI’s earns top honors", the Ft. Worth Star-Telegram reported today.
This officer apparently impressed the folks at MADD by being:
responsible for more than 20 percent of the total arrests made by his nine-officer unit last year. He has made 290 DWI arrests and more than 85 non-DWI arrests while conducting normal traffic stops.
Apparently arresting the most people for DWI, and you get to become the officer of the year. I wonder how many of his traffic stops he conducts, smells alcohol, and determines they are not intoxicated? Would guess not many, considering that many times he, "gives his potential third or fourth arrest of the night to another officer."
Anyone know if he took a breath test? Bueller, Bueller….
Dallas Police Officer Arrested On Suspicion Of DWI
12/15/2007 — Dallas police said an officer was arrested on suspicion of driving while intoxicated.
Senior Cpl. Billy Ailey was taken into custody early Sunday morning, police said. He was placed on administrative leave pending an Internal Affairs investigation, police said.
Ailey is assigned to the South Central Patrol Division. He has been an officer with Dallas police since January 1985.
In an interesting development in Plano DWI news, it appears that four officers are now on trial for THEIR misconduct…
Four Plano officers face federal lawsuit
By Stephanie Flemmons, Staff Writer
A Driving While Intoxicated arrest has led to the unveiling of what Tray Boswell believes was a “set-up” by four Plano police officers and his ex-wife.
Although not directly related to DWI, a new ordinance enacted by the Frisco, TX City Council could have DWI and DUI ramifications.
The City of Frisco enacted a new "curfew" for those under 17, spanning from Midnight to 6am.
In my opinion, this is just another "solution" to a problem that just does not exist. Although I like Mayor Simpson, he explained in an article on WFAA.com, that:
|Written by OJ Fagbire
Detective Kris Hanzel, of the Akron police force, was pulled over last week when he was seen driving erratically.
He was off duty at the time. Officers report that Hanzel refused to take an alcohol test or any drug tests.