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Boerne Responds to Accusations of Brutality

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  • jordanmills

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    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.
    She refused to give her current address. She didn't give a fictitious address.
    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.
    Did you read that section of the penal code? She didn't meet the criteria of either subsection.

    I'm not even sure she assaulted any of the officers. One of them said something about kicking him, but she acted like that was nonsense, and I didn't see any kicks in the video.

    She definitely resisted arrest though. Which is unlawful even if it is not a valid arrest, IIRC.
     

    jordanmills

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    51 in a 50 ??? If that is indeed the pretext of the stop, just fucking wow.
    It sounded like he could have said 61 in a 50. Not sure. If it's 51 in a 50, it's complete BS. And it sounds like they already have history and he could have been targeting her personally.
     

    jordanmills

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    So what was the cop supposed to do to stay within the legal advice given above?
    "Sorry mam, have a nice day, drive safe "
    or "You are under arrest" (think of a charge later with help from the DA)
    What would they do with anyone else? Write her a ticket for speeding and driving without insurance, have her sign a promise to appear, and let everyone get on with their day.
     

    Charlie

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    From my experiences as a high school asst. principal in charge of discipline I got to a point I could tell when some student was lying after about 3 to 5 minutes of conversation. Cops probably can't do it that fast in most cases because they are dealing with a much larger population that they don't encounter everyday like I did. If he did his job properly and recorded the stop, he'll should be in good shape. Fifty in a fifty one is horsecrap but we don't know at this point.
     

    Hoji

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    What would they do with anyone else? Write her a ticket for speeding and driving without insurance, have her sign a promise to appear, and let everyone get on with their day.
    Just like they would do for an illegal with no DL or insurance, fake paper tag and the only piece of ID a matricula consular card.

    If the premise for a stop is bullshit( 51 in a 50) then everything after the stop is bullshit.
     

    jordanmills

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    Just like they would do for an illegal with no DL or insurance, fake paper tag and the only piece of ID a matricula consular card.

    If the premise for a stop is bullshit( 51 in a 50) then everything after the stop is bullshit.
    Yep.

    Like I said, I thought I heard "sixty-one in a fifty", which I'd call valid. But yes, if it was a BS stop for a fishing investigation, then the whole thing should be thrown out and the officer punished. Even if she really did break the law by resisting arrest, the investigation and evidence would be invalid, so there's nothing that could be used to prove her guilt.
     

    V-Tach

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    I was pulled over for 46 mph in a 45 mph zone...........

    It didn't go anything like that.........I gave my license and insurance left with an oral warning..........

    Spoke personally to the Sheriff about it later..........

    Side of the road is not the time or place.............
     

    Shady

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    my crappy math skills have shown me that 51>50

    If you dont want to be jacked up drive 49 in a 50.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    I think it is arrestable, but not an arrest until an arrest is performed. Until then, the suspect is detained.

    And when detained...as you are during a traffic stop while the officer conducts his investigation cause you are not free to go....if you refuse to give any portion of your identification info as she did it is a violation.

    Where lots of texas officers screw up is attempting to identify all the passengers without pc of a crime, that is a no no no matter how they stretch it.
     

    toddnjoyce

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    I have listened to the video several times and sweat to Jesus it’s 51 in a 50, but the limit isn’t 50 in either place.

    I know that section of the road pretty well. Where the stop occurred at is a 45mph zone. Depending on which way the driver is coming from, the speed limit changes halfway down a hill, or about 1/2 mi back after a stop light.
    The photo below is going downhill into town. The arrow on the left is where the stop occurs.

    6ed30ca4ff62f83d9761f8724023e4a9.jpg


    Ironically, none of that has anything to do with my why I wanted to post, which is the city of Austin settled for $425K with a citizen in 2018 in a similar situation.

    https://patch.com/texas/downtownaustin/austin-approves-425k-settlement-teachers-violent-arrest
     

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