Gun Control America
Up-to-date information on gun control and gun-related crime
February 12, 2018
February 12, 2018 at 5:30 pm
we need more cops like that lady, next time I get pulled over, I hope it's her. Finally , something good to come out of Odessa, unlike its POS native Chris Kyle.
Hugh Mongus says
February 12, 2018 at 5:45 pm
That was like the best cop. I've never seen that before. Like 10 seconds and she was done. That sounded kind of wrong, lol.
February 12, 2018 at 5:52 pm
if this was Canada you will see at least 5 SWAT teams 5 helicopters, and may be some paramilitary troops.
February 12, 2018 at 6:40 pm
Nice cruiser. We drive Skoda's over here 🙂
February 12, 2018 at 7:28 pm
Now that's how a officer should be! Fucking epic!
February 12, 2018 at 7:38 pm
Excellent Police Officer.
cassandra shrum says
February 12, 2018 at 7:42 pm
Makes me proud to live in odessa . How can I join u guys?
February 12, 2018 at 8:34 pm
February 12, 2018 at 8:41 pm
What dingbat would call the police over something like someone carrying a gun, Hello! This is the usa, get use to it.
February 12, 2018 at 9:15 pm
"What an adorable little cop!" – Dale
February 12, 2018 at 9:19 pm
When Filming a police encounter for the purpose of maintaining accountability you have to keep in mind that everyone involved will, at some point, see the video. Here are a few tips on dealing with the situation if and when it occurs. Everything about a police encounter is about, HOW WILL OTHERS VIEW MY ACTIONS?
1) ABOVE ALL be respectful!!!! A) If you put yourself in a bad light; meaning you appear to be rude, condescending, or aggressive, then you lose credibility. A Judge or jury will see the video and side with the police based on your attitude alone. Always be respectful and deal with the police in a calm polite tone.
2) Do not start quoting the law to them A)You are not a lawyer and this just makes it appears as if YOU are the aggressor, even if your not. They were trained in ‘some’ academy as to what the laws are, and what THEIR rights are, not what your rights are. You are just ‘some guy’, and to them, everyone they deal with will lie to protect themselves, so they have no reason to believe that the laws you are quoting are the letter of the law. B) Don’t give them the knowledge they do not have. 1) Eventually this video will turn up in court, and IF your wrong in the law, or your interpretation of it is flawed in anyway, you are the one it will make look ignorant. Keep in mine, the jury is made up of ‘ordinary’ people, and those ordinary people do not always know the law, so you make them feel like you were being nothing more than a smartass and antagonizing the police. It’s not always about the law, but about how the law is perceived by others, and about how you are perceived in dealing with the situation. 2) Let THEM make the mistakes. Remain calm and polite while THEY are making mistakes. This is what you need in order to win your case in court. You NEVER want the jury to watch a video and think, even once, “You were being a jerk, you had it coming, I would of gave you a beat down if you talked to me that way”, because once they do, your sunk and they will take the police’s side from that point on no mater how many mistakes they make after that. C) If you do feel like you should tell them the law, then make damn sure, that NOTHING you are doing is against the law. D) Flat out tell the police what your doing, “I’m here to video record you doing your job to keep a record in order to hold everyone accountable for their actions, be it your actions or their actions, and I’m recording all the MISTAKES you may, or may not, make. I would caution you to be very careful at this point and not to make any mistakes because they can, and will, be used against YOU in a court of law. At this point I would advise you that, if I am NOT under arrest for supposedly having committed a crime, you should end this confrontation and go back to doing you job.” Then, SHUT UP!!! Don’t make yourself out to be the aggressor, do not make rude comments, do not antagonize the police, do not back them into a corner to get a negative reaction that they would not normally give. This make you look bad and not them. Let THEM appear to be the aggressors, and that means, do not be an ass, juries HATE assholes. Let them be the asshole.
3) Do not refuse to identify who you are. A) Never refuse to tell the police who you are. 1) There is NO reason to not tell someone who you are, and that is what the jury will be thinking to themselves. “Why wouldn’t you just tell them your name? What’s the big deal?” 2) You do NOT have to identify yourself the police, but refusing to give your name, just gives them an excuse to detain you and arrest you. Granted it will be an illegal arrest, but still an arrest. Plus it makes it LOOK like you have something to hide and a jury will think the same thing. Its all about how YOU appear, not how the police appear. You do NOT have to give them any identification unless you are operating a vehicle, and refusing to do so when operating a vehicle will, more likely than not, get you arrested. All you have to do is give them your legal name if approached on the street. A) YOU DON’T HAVE TO, but when a jury sees the video, they will think you caused all the problems because you refused to do the simple act of introducing yourself to someone else, even if that someone else is the police.
4) FOLLOW THROUGH!!!!! A) Taking a video and recording an unpleasant confrontation with police MEANS NOTHING, unless you follow through. This means that even if you have to carry a “copy” to the chief of police, or the city council, or the sheriff, or the state attorney, THEN DO IT!!!!! 1) Know what you want. Meaning when you carry it to them, tell them your demands. “I want a verbal apology from this officer for his actions against me.” or in the case where the police violated the law, “I want to press charges against this officer for (State the law he broke).” Follow through. Push the issue. If you want to change things, then it starts with you.
YOUR VIDEO WILL BE SEEN BY OTHERS!!!! Make sure you are not the antagonist in any video. Let the police make all the mistakes and keep your calm. ALWAYS keep in mind how others (a jury) will perceive YOUR actions in the video. Its not a fight on the side if the road you need to win, it’s the fight in the court room you need to win!!!!
Examples on how to answer questions from the police to keep you from looking like an agitator.
PO: “What are you doing?”“What’s with the camera?”“Why are you recording me?”YOU: “Sir. I’m here to video record you doing your job in order to keep a record, and if needed, to hold everyone accountable for their actions, be it your actions or the actions of the person you are detaining. I am recording for your safety as well as their’s.”This lets them know that you are recording for their safety as well, and now, any objection to the recording makes them look petty and childish. Remember, its about how your actions are perceived by others, not how your actions are perceived by the police.LAWYER: “Officer. When you approached my client, he was holding a video camera, was he not?”PO: “Yes sir, he was stan-”LAWYER: “A simple yes or no will do officer. Was my client holding a video camera?”PO: “Yes.”LAWYER: “Thank you. Now, when you approached my client, what if anything did you ask him?”PO: “I asked him what he was doing?”LAWYER: “Please tell the court. If he was holding a video camera, what did you think he was doing, and why would you bother to approach my client in the first place?”PO: “He was recording me as I conducted a traffic stop (or whatever). I just wanted to ask him to stop.”LAWYER: “To your knowledge, was my client breaking the law at that time? Yes or no.”PO: “Yes. He was interfering with me in the performance of my duties (his lawyer told him to say that.)”LAWYER: “Had my client said anything to you before you approached him?”PO: “No.”LAWYER: “Did my client do something, other than video record you, that in someway kept you from performing your duties?”PO: “I don’t understand the question.”LAWYER “Let me clarify it for you. In what way, other than video recording, did my client interrupt, disrupt, impede, or otherwise interfere with you while you were trying to perform your duties?” PO: “None, he was recording me, causing me to be distracted.”LAWYER: “You have received extensive training regarding the law, powers of arrest, and you know what the grounds for arrest are regarding arresting someone for the crime of interfering with a officer while in the performance of his duties? Correct?”PO: “Of course.”LAWYER “Is that a yes?”PO: “Yes.”LAWYER “Your honor. By this officers own admission, the grounds for arrest, video recording a police officer, being the only action taken by my client, do not fit the charge of interference with a peace officer while in the performance of his duties. I ask for an immediate dismissal.Judge 2 DA: “Any objections?”DA: After he glares at the PO. “None your honor.”LAWYER: “Your honor. I also move to have this officer arrested for the crime of abuse of power and false arrest. As the officer just admitted under oath, he was aware of the grounds necessary for arrest as to the charge and he ignored the fact that the situation clearly did not meet the grounds. This was a willful abuse of power, and a vagrant disregard for the law. Also it is a clear violation of my clients civil rights.”JUDGE: “Bailiff, please take the officer into custody. Case dismissed. You are free to go.”
PO: “Turn the camera off.”“I don’t need you to record for my safety.”“I am recording this, you don’t need to.”YOU: “Yes sir, I understand your objection to this, but I am in no way breaking the law and your request is unreasonable.”do not start sighting ’The Bill of Rights’ the is no bill that says you can record the police. Do not start sighting certain laws that gives you the right to video them, you are not their teacher, if they don’t know the law regarding it them that’s where they will start to make mistakes. Let them make the mistakes. Do not ask them to tell you what law you are breaking, they don’t know, and you will only make yourself look like the antagonist when it goes to court.
PO: “Turn the camera off, or I will take it and arrest you.”YOU: “No sir, your request is unreasonable. Taking my personal property would be illegal on your part and subject YOU to criminal charges. Also, your arrest would be unlawful and constitute false arrest, leaving you open to civil and criminal charges.”Put it back on the officer, make the officer aware that he/she is NOT the end all authority and that they can also face criminal charges for their actions. DO NOT threaten or sound threatening in anyway. If they ask you if that’s a threat, you simply tell them “Sir, of course not. I’m just trying to remind you that your not protected FROM the law just because you feel you are performing your job.”
PO: “You are breaking the law.”YOU: “No sir, I’m not.”No mater how many times he says it you just keep saying. “No sir, I’m not.”do not say anything else. You know you are not breaking the law, and so does the officer. The officer is trying to bait you into saying things that will make YOU look bad on the video, he wants to show that you were hostile and discredit you, if it goes to court. Do not ask him to tell you how or what law you are breaking. This will make him find a reason, even if one does not exists, to possibly arrest you. Plus he can claim you become verbally combative, and created a disturbance by causing a confrontation. IF the judge or jury agree with him, right or wrong, true or not, you will lose. Even if the officer approached you, its about the perception of others when viewing the video.
PO: “Let me see some I.D.”“What’s your name?”“Who are you?”YOU: “Sir, My name is (Your name here).”Tell him your name. Not doing so, only makes you look bad on video. Your not going to prove a point, your only going to look as if your trying to pick a fight with the officer when, or if, it goes to court. You have nothing to fear from the police by giving your name. Normal people tell the police who they are and they will not understand why you didn’t, you are the one that will look bad.
PO: “I asked for your I.D., now let me see some I.D.YOU: “Sir, I told you my name. There is no ‘legal’ reason you need my I.D.”Don’t ask him if your under arrest, don’t ask him if your being detained. His presence, and engaging you in conversation, is enough for others to view it as being detained. Plus, if the officer doesn’t actually say you are being detained, you are free to walk away at any point. If you make the officer say you are being detained, you give the officer the power, only the officer can end the confrontation now because if you try to leave he can arrest you for attempting to flee. Perception.
PO: “It’s the law that when an officer asks for your I.D., you must provide it.”YOU: “No sir, that only applies if I am being arrested for a crime or operating a motor vehicle. Right now I am ‘not’ committing a crime, nor operating a motor vehicle. You have no ‘Lawful’ reason to demand my I.D. To be polite, I have already told you my name.”do not ask him what crime the officer thinks you have committed. Do not ask him if you are under arrest. Do not let him bait you into a war of words over legal issues. Its pointless. Be polite, let the officer be rude all he or she want to, its on video and it will show their conduct in court.
PO: “You need to leave.”“I need you to back up and move over there.”YOU: “Actually sir, I’m in a public place and under no obligation to comply with your unreasonable request, I am a safe distance from the scene as to not be an interference, and I am not blocking a right of way.”This reminds the officer that you are not breaking the law without actually telling the officer your not breaking the law. Also, you have not verbally refused the officer, you have simply informed the officer and politely not done as the officer demands. Perception.
YOU: “Sir, I would like to know your name and badge number please?”PO: “My name is (name), badge number (number).”they don’t have to show I.D. If you think they are fake, call 911 and check. They don’t have to write it down for you either.
YOU: “Sir, I would like to know your name and badge number please?”PO: “Why?”YOU: “Sir, you have a legal obligation to identify yourself. You are on video, so failing to identity yourself could result in reprimands for breaking policies and procedures of your department.”if they still refuse, you have them on tape, stop worrying about it.
YOU: “Sir.”PO: “Sergeant.” (or some other police rank)you do not have to address them by rank. Rank is an internal thing and not something we have to address them as. Just keep being respectful and calling them sir or mam.
Texas laws that will help in TexasSec. 22.01. ASSAULT. (a) A person commits an offense if the person:(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:(1) causes serious bodily injury to another, including the person's spouse; or(2) uses or exhibits a deadly weapon during the commission of the assault.(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:(A) by a public servant acting under color of the servant's office or employment;(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer;
Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;(2) place any person in fear of imminent serious bodily injury;(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;(5) place the public or a substantial group of the public in fear of serious bodily injury; or(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:(1) he intentionally or knowingly damages or destroys the tangible property of the owner;(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
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.
Sec. 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
Sec. 38.15. INTERFERENCE WITH PUBLIC DUTIES. (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with:(1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law;
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;(3) creates, by chemical means, a noxious and unreasonable odor in a public place;(4) abuses or threatens a person in a public place in an obviously offensive manner;(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;(6) fights with another in a public place;
Sec. 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;
Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY. (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:(1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or(2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises:(A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or(B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.
Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:(1) creates an immediate danger of damage to property or injury to persons;(2) substantially obstructs law enforcement or other governmental functions or services; or(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.
Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or(3) intentionally subjects another to sexual harassment.
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer.(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:(1) issued to that person;(2) appropriate for the type of vehicle operated; and(3) valid at the time of the arrest for the offense.(e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section.(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).
§ 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person. (d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.
The Law works BOTH ways. You can file criminal charges against them as well.
Mark Fiorino says
February 12, 2018 at 10:17 pm
Shared on my FB feed. Outstanding!
Newt Dewrock says
February 12, 2018 at 11:14 pm
Wow! A cop who understands the law… with more sense and rationale than ego. I could talk with her, but wouldn't just the same.
February 12, 2018 at 11:28 pm
If you have to have an encounter that is probably the best it gets.