Boerne Responds to Accusations of Brutality

[jordanmills]

Sorry,

Fabricated reason for arrest .

From what it sounded like, he arrested her for failure to identify because she refused to give him her address. According to Texas penal code, refusing to give your address is only failure to identify if you are under arrest.

 

[TX OMFS]

Do you know the legal definition of failure to identify in Texas?

Yes.

 

[dennisz]

Nothing wrong with Boerne, we go there all the time and have never had or witness anyone having problems.

The problem is once again an ignorant individual feels they are entitled to special treatment when they break the law. She got everything she deserved.

Fritze’s is pretty good! Too bad Soda Pop's got so expensive and is now closed on Sundays. It's always been a favorite, but now we've shifted to the Boerne Grill which has much better food and a nicer atmosphere.

Stay away from the Hungry Horse! It's the Luby's of Boerne!

Mike
Guess you haven’t been to Soda Pops lately, they are gone, lost their lease, looking for a new location, but nothing yet. They got in some kind of pissing contest with the landlord and lost. BTW, Boerne Grill is also still closed, waiting for their reopening date.

 

[Moonpie]

Car driver in arrest video is really TXOMFS.

 

[studenygreg]

Listening to her is like nails on a chalkboard.

Sent from my SM-G960U using Tapatalk

 

[dennisz]

Boerne is a great town, if you’re a law abiding type. We don’t like trash in our town, like they say “if you’re gonna do the crime, you gotta do the time”. I go to Boerne at least 3 to 5 times a week, NEVER had any issue with BPD or the sheriff, in fact Sheriff Al Auxier is always willing to talk to folks when he is out and about.

 

[Shady]

I see no issues in how it was handled.She escalated it way more than needed and got justice.

 

[jordanmills]

Boerne is a great town, if you’re a law abiding type. We don’t like trash in our town, like they say “if you’re gonna do the crime, you gotta do the time”. I go to Boerne at least 3 to 5 times a week, NEVER had any issue with BPD or the sheriff, in fact Sheriff Al Auxier is always willing to talk to folks when he is out and about.

I worked in Boerne for a few months. It seemed pretty nice. I even drove a ratty old honda civic at the time. But i behaved and didn't speed. Not saying that's clear proof the cops there always do good, but I didn't act like a fool and my experience wasn't bad.

 

[jordanmills]

Yes.

Specifically how did she violate the law in this case?

 

[candcallen]

From what it sounded like, he arrested her for failure to identify because she refused to give him her address. According to Texas penal code, refusing to give your address is only failure to identify if you are under arrest.

I suggest you read the whole law as there are a couple more parts. One mentions detained which is essentially what happens when you are getting a citation.

 

[jordanmills]

I suggest you read the whole law as there are a couple more parts. One mentions detained which is essentially what happens when you are getting a citation.

I did read it. That's only an offense if the actor intentionally gives false information.

Below is the whole thing. Subsection (a) defines an offense as refusal to provide the information if the actor is arrested. Subsection (b) defines an offense as intentionally providing false or fictitious information if the actor is arrested, detained, or likely a witness to an offense.

She did not provide false or fictitious information, and she was detained but not under arrest at the time she refused to provide the information. I don't see an offense under this section in this case.

Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

(c) Except as provided by Subsections (d) and (e), an offense under this section is:

(1) a Class C misdemeanor if the offense is committed under Subsection (a); or

(2) a Class B misdemeanor if the offense is committed under Subsection (b).

(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:

(1) a Class B misdemeanor if the offense is committed under Subsection (a); or

(2) a Class A misdemeanor if the offense is committed under Subsection (b).

(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.

https://statutes.capitol.texas.gov/docs/PE/htm/PE.38.htm

 

[SQLGeek]

From what it sounded like, he arrested her for failure to identify because she refused to give him her address. According to Texas penal code, refusing to give your address is only failure to identify if you are under arrest.

Someone with more legal training than me can verify if I'm FOS or not but isn't a citation considered an arrest in Texas?

I know a traffic offense is arrestable.

 

[majormadmax]

Dennis

I did not know Soda Pops closed. Bummer...

 

[jordanmills]

Someone with more legal training than me can verify if I'm FOS or not but isn't a citation considered an arrest in Texas?

I know a traffic offense is arrestable.

I think it is arrestable, but not an arrest until an arrest is performed. Until then, the suspect is detained.

 

[Moonpie]

Cop should’ve knelt on her neck.

 

[TX OMFS]

Car driver in arrest video is really TXOMFS.

I carry Glock. Only a 1911 person would be so confused.

 

[TX OMFS]

Specifically how did she violate the law in this case?

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm

38.02(b). The City of Boerne even referenced it in the video description. The officer asked for her current address mutliplt times & she refused. Then she got her prize.

 

[Mills]

Sooo, does this mean rioting in B-town ?

 

[TX OMFS]

I think it is arrestable, but not an arrest until an arrest is performed. Until then, the suspect is detained.

Exactly. She was detained, gave an Arkansas DL and admitted the address was not her current correct address, then refused to give her current address. She meets all the criteria. Then she earned a bonus felony assault of an officer. She was a real genius.

 

[Mills]

Thanks oBama