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.