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I Didn't Beat the Ride - Illegal Knife + CHL + Concealed Handgun = Jail + Charges

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  • Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,795
    96
    Texas
    Nobody knows if it is over or not, perhaps we will never know. Even if matefrio has decided NOT to pursue it any further legally, we do not know what is going on inside the DA office or the DPS office. They could be sending memorandums around discussing how to enforce this law.

    But from matefrio own admission, the officer did not arrest him knowingly it was legal. There was debate about among several officers taking both sides. Now if this was CA were civil judgements are handed out like monopoly money, he might have a case anyway, but here in Texas juries are more stingy. So unless there are mitigating factors we do not know about, this might not go far. It also hurts that the officer was DPS, they have much deeper pockets to fight a lawsuit than say a small town would, and thus might be more prone to settle out of court.
     

    TheDan

    deplorable malcontent scofflaw
    Rating - 100%
    8   0   0
    Nov 11, 2008
    28,037
    96
    Austin - Rockdale
    The reason I'm going to try my best to sue would be to act as a punitive lesson to anyone arresting a guy like me that it doesn't come without consequences.

    I'm hoping to get a lawyer that will take the risk and take this case the hopes of a positive result. Paying a lawyer to do this up front may not be in the cards and honestly I want the lawyer to have skin in the game.
    You should pull a Charlie Sprinkle and sue everyone from the arresting officer up the chain of command to the governor ;)

    I was wondering if you needed to show a loss for your suit is to be successful, but sounds like you still need to talk to the lawyers about that.
     

    AlamoMIA

    Member
    Rating - 0%
    0   0   0
    Mar 20, 2011
    124
    1
    Arlington, Texas
    " IN THE INTEREST OF JUSTICE " is CYA CODE for:

    " The State is unable to proceed due to the fact that the TPC Section 46.02(a) offense that is the basis for prosecution in the instant case is statutorially inapplicable to the defendant."


    A petition for declaratory judgement ......" In the interest of justice " ???

    If this dismissal " in the interest of justice" hasn't already been brought to the attention of AG Greg Abbott - it should be.
     
    Last edited:

    UncleSamsMisguidedChild

    Active Member
    Rating - 100%
    1   0   0
    Feb 25, 2013
    989
    21
    San Antonio
    Criminal cases are dismissed all of the time. That gives no rise to liability on the part of the arresting officer.

    I believe this is over.

    I believe it was you who said that Leos get a lot of leeway with arrests, and would only be liable for a false arrest if they knew the arrest was wrong.

    IIRC, Matefrio showed the attending officers to his arrest the clearly written law proving he was not doing anything illegal. Some even agreed, and I believe the quote by other officers was, "Just arrest him and let the DA sort it out."

    Enlighten me as to how they aren't liable.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    I believe it was you who said that Leos get a lot of leeway with arrests, and would only be liable for a false arrest if they knew the arrest was wrong.

    IIRC, Matefrio showed the attending officers to his arrest the clearly written law proving he was not doing anything illegal. Some even agreed, and I believe the quote by other officers was, "Just arrest him and let the DA sort it out."

    Enlighten me as to how they aren't liable.

    Members of this forum, judges and prosecutors have all believed that illegal knife carry is illegal under a CHL. If the LEOs believed, in good faith, that they had probable cause then there is no case.
     
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