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Thread: You'll be arrested first, and we'll just figure out the charges later...

  1. #1
    Regular Member stealthyeliminator's Avatar
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    You'll be arrested first, and we'll just figure out the charges later...

    Seems to be a common attitude among the thugs with badges in Texas, as another OCer has been arrested. They don't know - nor do they care to know - the law, they just know that they don't like what you're doing and know that no matter what happens the chances of them being reprimanded for arresting you is slim, no matter how unfounded any charges are. So they make the arrest, and just try to figure out charges later. And they're so smug about it, they'll tell you this to your face.

    On another note, successful, peaceful and unmolested OC events and walks are taking place elsewhere throughout Texas on a regular basis.

    Time to get these oath breakers out of uniform.
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  2. #2
    Regular Member Fallschirmjäger's Avatar
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    Arrests have consequences, both for the arrestor and the arrestee. Detention without the suspicion of a crime is a violation of Constitutional protections and can lead to heft civil forfeitures.

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    I'd ask the OP for a reference but I somehow believe the post w/o such.

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    Regular Member stealthyeliminator's Avatar
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    I think the only news coverage so far is by a less than legit organization. Other than that I just know what's been posted on Facebook. I'm trying to wait for the solid facts to surface as this has only just taken place. I can the man arrested was participating in a walk organized by a chapter of the Come And Take It group. He has been charged with disorderly conduct but apparently there is some confusion as to which specific part of 42.01 they're 'using' as there are a lot of pieces to disorderly conduct, its somewhat of a catch all. Apparently the cops were telling them they all had to leave and got pissed off when the guy was 'getting loud.' Because not only can they suspend your second amendment rights, they can suspend your first as well.
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    Regular Member stealthyeliminator's Avatar
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    Harlingen is where the arrest took place if you'd like to search for info. If you'd like the Pd's contact info I can supply that as well

    Charged under Penal code 42.01(a)(8), displaying a firearm or deadly weapon in a manner calculated to cause alarm. Not sure but I believe it was slung across his back. Video won't be released unless cleared by legal counsel so I guess that means we really don't have enough detail to pass judgment at this point
    Last edited by stealthyeliminator; 12-07-2013 at 10:54 PM.
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    Regular Member stealthyeliminator's Avatar
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    Phone conversation with Harlingen PD inquiring about arrest. https://www.youtube.com/watch?v=xq2rqPAuaI4

    Like I said, not sure if he's been charged under 42.01(a)(1) or 42.01(a)(8). I haven't seen video of the situation leading up to the arrest but I doubt they have half a case either way...
    Last edited by stealthyeliminator; 12-08-2013 at 10:32 PM. Reason: Spelling is important
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    Regular Member stealthyeliminator's Avatar
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    THIS IS WHAT A BREACH OF THE PEACE LOOKS LIKE IN HARLINGEN TEXAS. https://www.facebook.com/photo.php?v...type=2&theater
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    THIS IS WHAT A BREACH OF THE PEACE LOOKS LIKE IN HARLINGEN TEXAS. https://www.facebook.com/photo.php?v...type=2&theater
    There appears to be another person (wearing bright yellow jacket) much closer to the incident also video taping. Perhaps that footage will be made available to the defense and ourselves as well.
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    Regular Member BrianB's Avatar
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    Quote Originally Posted by stealthyeliminator View Post
    Phone conversation with Harlingen PD inquiring about arrest. https://www.youtube.com/watch?v=xq2rqPAuaI4

    Like I said, not sure if he's been charged under 42.01(a)(1) or 42.01(a)(8). I haven't seen video of the situation leading up to the arrest but I doubt they have half a case either way...
    The conversation with the Harlington PD lackey is exquisitely frustrating to listen to.
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  10. #10
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by Grapeshot View Post
    There appears to be another person (wearing bright yellow jacket) much closer to the incident also video taping. Perhaps that footage will be made available to the defense and ourselves as well.
    I believe the owner of that video is waiting to release pending approval of legal counsel. Hopefully we will get to see that video as it will probably be close enough to hear what all was said.
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    Another good case for a Federal Lawsuit.. USC 42 section 1983.

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    Regular Member BrianB's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    Another good case for a Federal Lawsuit.. USC 42 section 1983.
    It has to be done. Every time. Without fail.
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    Quote Originally Posted by BrianB View Post
    It has to be done. Every time. Without fail.

    INDEED, also have a news outlet pushing the story, each and every time.

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  14. #14
    Regular Member stealthyeliminator's Avatar
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    Longer video but not from the close camera. http://www.youtube.com/watch?v=rXATm...&feature=share

    Here you can hear the officer talking to someone else a little bit. You will probably notice the private security and the comment about security not wanting them there. This does raise some questions as, if they were on private property, they could have presumably been asked to leave by security, after which they would be trespassing by staying. However, we don't know for a fact that security did ask them to leave, nor do we know whether or not the property that they were actually on is the property which the security guard is in control of. Moreover, I believe it would be irrelevant anyway as the charge is not of trespassing but of disorderly conduct.
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  15. #15
    Regular Member stealthyeliminator's Avatar
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    THIS IS IT https://www.youtube.com/watch?v=LfWkYuQjepQ

    Absolutely ridiculous. You can't stand on public property - it's loitering. Even if it was, how does that translate into disorderly conduct? Nothing they've said or charged makes sense. The bottom line is that they think they are the boss, and if you don't comply with their every demand, they will cuff and stuff.
    Last edited by stealthyeliminator; 12-11-2013 at 02:01 PM.
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  16. #16
    Regular Member Fallschirmjäger's Avatar
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    I thought the whole idea behind public property was so that you could loiter?
    Y'know, sit on the bench for a couple hours and feed bread to the ducks, lay out under the sun and work on your sunburn, play kickball with your kids, sit in the court observers benches and look at all the less fortunate people, etc.
    Last edited by Fallschirmjäger; 12-11-2013 at 09:31 PM.

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    Quote Originally Posted by stealthyeliminator View Post
    THIS IS IT https://www.youtube.com/watch?v=LfWkYuQjepQ

    Absolutely ridiculous. You can't stand on public property - it's loitering. Even if it was, how does that translate into disorderly conduct? Nothing they've said or charged makes sense. The bottom line is that they think they are the boss, and if you don't comply with their every demand, they will cuff and stuff.
    That's a good video .. seems as if he was on public property for sure. They are acting like guards for the private property owners who did not want him in front of their property. I had a similar situation occur this week with a public agency calling cops to do their bidding. I think that they (the police department) quickly understood that the cop in my situation violated my first amendment rights, giving me a cause of action against them. Now they are backpedaling trying to cover their butts ... but they cannot change the facts of what occurred.

  18. #18
    Regular Member stealthyeliminator's Avatar
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    Word on the street is that Harlingen PD will be dropping the charges. We will see, and if that's the case we will see what the follow up will be...
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  19. #19
    Regular Member rushcreek2's Avatar
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    Section 42.01 (a)(8) -disorderly conduct by display of a deadly weapon reads ".......IN A MANNER CALCULATED TO CAUSE alarm...." which is clearly a significantly higher threshold than "cause alarm".

    Somebodies need to refresh themselves on Texas law.....as well as the English language.
    Last edited by rushcreek2; 12-17-2013 at 07:03 PM.

  20. #20
    Regular Member stealthyeliminator's Avatar
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    http://opencarrytexas.org/index.php?p=1_2&nid=12

    Hey hey, could there have been a more positive change of course?
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  21. #21
    Regular Member stealthyeliminator's Avatar
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    It is now being reported that the police lied about dropping the charges in this case. It's being said that in light of this turn of events, the rally there at the PD is more important than ever.

    Edit: What a cluster-****. Apparently the city attorney tried to go around the DA and file charges on his own... After the DA did not file charges, or dropped the original charges, or whatever happened. And so the case is supposedly going to be dismissed. The only document I've seen so far is the order to appear for a DC charge. If I see something official on case dismissal I'll update.
    Last edited by stealthyeliminator; 12-17-2013 at 06:45 PM.
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