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Waco Biker Arrests Create Civil Liability for City
The Law Offices of Don Tittle ^ | July 9, 2015 | Attorney Don Tittle

Posted on 07/10/2015 1:45:45 PM PDT by Elderberry

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To: Crystal Palace East; Cboldt
You really think you are going to get a Texas civil jury, any jury, to agree to tax themselves and their friends to pay non-physical damages to a gang of SELF-DESCRIBED OUTLAW motorcyclists?

All 177 of these poeple are NOT "a gang of SELF-DESCRIBED OUTLAW motorcyclists".

That's just a pack of lies, and a smokescreen, put out by a crowd of self-serving gruberment lawyeiars.

The populace is getting mighty tired of the high-handed imperiousness of the ruling class, and the way they spend tax dollars like water on their Great Big Giant Large Criminal Jesters Machine.

I can think of two recent examples of laughable tax-money bonfires by the farce enlawment community:

The Eric Frein hunt, and the hunt for the New York escapees.

Seriously. The Founding Fathers would have been aghast at the blowing of millions of dollars over those two incidents, but the guys who spend tax dollars like drunken sailors didn't blink an eye at the total bill.

This Waco thing looks like it's shaping up to be from the same herd of animal.

61 posted on 07/11/2015 3:24:24 PM PDT by kiryandil (Egging the battleship USS Sarah Palin from their little Progressive rowboats...)
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To: Crystal Palace East

I’m not making any claims of having “legal credentials” but no-one needs special credentials to sense when something is not right. In the absence of facts; go with your intuition.

As for something that “may or may not” have occurred, that is one’s opinion. Again, we do not need special privileges to give an opinion. Anyhow, what first caught my attention about this event was the $1,000,000 bail (8th amendment) set for the arrestees.


62 posted on 07/11/2015 4:38:26 PM PDT by Prolixus (Why does Waco make me think of Benghazi?)
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To: kiryandil

Members of these “groups”, Outlaws, Banditos, etc. self-describe themselves as the “baddest” 1% of all motorcyclists.

Outlaws is not what the government calls them. It’s what they proudly call themselves, complete with the 1% patch on their back. As an organization, they are committed to fund much of their expenses, and make lots of personal income by Meth production, transport and dealing.

They didn’t choose to name themselves “Outlaws” because they are really The Little Sisters of Charity in leather on their days off.

In order for these arrestees to get $ from the state, a jury would have to decide they deserve it.

Do you really think 12 Texans are going to vote to tax themselves to pay off self described Outlaw Motorcyclists?

Pllleeeeeze.

Case closed.


63 posted on 07/11/2015 8:10:45 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Prolixus

The $1,000,000 was WAY overreaching, but legally defensible.

If the State argued they were considering pursuing felony murder charges against a large number of these guys under a “murder by felonious conduct in consort with other’ theory, then even a No Bail status would be LEGALLY justified.


64 posted on 07/11/2015 8:15:20 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East

$1,000,000 bail in this case is ridiculous and abusive.

Is there anything that is not, even the remotest circumstance, legally defensible?

What many of us are most concerned with is not that avowed outlaws broke the law, it’s that there is a not remote possibility that law enforcers broke the law.


65 posted on 07/11/2015 8:33:33 PM PDT by Prolixus (Why does Waco make me think of Benghazi?)
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To: Prolixus

$1,000,000 bail in this case is ridiculous and abusive. At some point, yes, but in reality, had they initially gone for No Bail, on a potential murder in consort charge, they would have been on firm legal ground.


66 posted on 07/11/2015 9:24:30 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East

Please with the lawyer dust. You know exactly what happened. The detective Admitted that he used the same form and just changed the name. Do you really want to talk about how probable cause is suppose used for such incidents?


67 posted on 07/12/2015 7:08:15 AM PDT by mad_as_he$$
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To: mad_as_he$$

Of course he used the same form.

1st, such forms are often required to be used statewide or district wide to provide all the elements required by the law. That way, the courts do not have to spend hours debating the legality of each word in an arrest form.

You have seen the same all the time. When was the last time you saw a lease, hospital admission release for treatment and waiver, a rent-a-car contract, a real estate listing, contract or closing, or a traffic ticket that was not a fill-in-the-blank form, usually on 4-part NCR?

2d, If all the elements of the accused crime were the same, of course all the wordings on the forms were the same.

Imagine arresting 20, 100, or 177 rioters. Are the LEOs going to type out something different for each? In this case, the charge was engaging in organized crime. Would those charges stick? Possibly, but would most probably be plead WAY down to something such as Mopery in the Third Degree or Gazing With Intent To Gawk; $100 + time served and be gone.

But that is not the issue here. The question is the moving papers that were filed. Stop and think for a moment, if you are going to charge people with “organized” crime, by the very nature of the crime charged, “organization”, people working in consort toward the same criminal end, all the papers would HAVE to be the same, as supposedly all the actors were organized and doing the same criminal thing.

All that said, $1,000,000 bond; legal but stupid. The fill-in-the-blanks paperwork standard if not required.

Many of these defs may eventually walk, but the claim that the arrests were not righteous because of so-called “rubber stamp” paperwork is invalid.


68 posted on 07/12/2015 9:34:11 AM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East; Cboldt; Prolixus; mad_as_he$$
In order for these arrestees to get $ from the state, a jury would have to decide they deserve it.

From another article on this: First, it is now absolutely inarguable that at least 182 people were arrested on May 17 and that five of them were “unarrested” by 5:28 a.m. the next morning. In an early morning fax from Waco Detective Sam Key to lay Justice of the Peace “Pete” Peterson, Key says, “These are the five guys we ‘unarrested.’ Thanks for all your help.”

Yeah, sounds like the "grab" was legit. LOL! :)

If they erred on these 5 guys, they erred on others. After all, we're talking about the malicious, unaccountable incompetents who draw a paycheck from The State...

69 posted on 07/12/2015 6:34:28 PM PDT by kiryandil (Egging the battleship USS Sarah Palin from their little Progressive rowboats...)
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To: Crystal Palace East; mad_as_he$$
-- If all the elements of the accused crime were the same, of course all the wordings on the forms were the same. --

Is your professional opinion that reciting the elements of the crime is sufficient basis for establishing probable cause?

70 posted on 07/12/2015 6:50:13 PM PDT by Cboldt
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To: Cboldt

On appeal, probably 60/40 against. But remember PC is VERY loose.


71 posted on 07/12/2015 6:55:08 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East

That answer is not responsive to the question.


72 posted on 07/12/2015 6:57:00 PM PDT by Cboldt
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To: kiryandil

Actually, no. Most are pretty decent guys and gals who come when no other person will.

Lots in Reserves. Best long range spotter/shooter I ever had was a wildlife officer from Montana. Once said, “Hell, Major everything in my day job happens a mile away. Of course I’m good at this s**t!


73 posted on 07/12/2015 6:59:23 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East
Actually, no. Most are pretty decent guys and gals who come when no other person will.

Actually, yes. When The Order comes down to fill the boxcars, they'll just follow it.

"To protect their jobs, and preserve their pensions"

74 posted on 07/12/2015 7:05:10 PM PDT by kiryandil (Egging the battleship USS Sarah Palin from their little Progressive rowboats...)
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To: kiryandil

Next time you see someone hurt in a traffic accident, call Alex Jones.


75 posted on 07/12/2015 7:09:18 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East
-- Next time you see someone hurt in a traffic accident, call Alex Jones. --

Traffic accident injuries are a criminal justice matter? Who knew!

76 posted on 07/12/2015 7:10:56 PM PDT by Cboldt
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To: Cboldt

I thought with all your legal experience you would have had to be awake in Law School when they covered vehicular manslaughter.

Whooda known?


77 posted on 07/12/2015 7:50:39 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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To: Crystal Palace East
Injuries are injuries, and I have utmost respect for those who carefully tend to the injured.

Are you avoiding a responsive answer to my question? As it is, you contend that the appellate courts are 40/60 in following the law.

Is your professional opinion that reciting the elements of the crime is sufficient basis for establishing probable cause?

For now, it's a hypothetical question, but it merits a direct answer.

My professional opinion is that as a matter of law, reciting the elements of the crime is insufficient basis for establishing probable cause.

78 posted on 07/12/2015 8:04:29 PM PDT by Cboldt
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To: Crystal Palace East; Cboldt
Next time you see someone hurt in a traffic accident, call Alex Jones.

Well, when the second responders from the Nanny State finally show up, their help will be a welcome addition to my prior efforts.

Hopefully, us Merkun peasants won't embrace the Nanny State like those in Great Britain have:

Car crash mother-of-two, 25, who lay critically ill next to her boyfriend's dead body for three days before police found her dies in hospital
http://www.dailymail.co.uk/news/article-3158024/Woman-lay-critically-ill-three-days-crashed-car-police-dies.html

A woman who lay critically injured in a car wreck for three days next to her boyfriend's lifeless body because police failed to attend the scene when it was reported has died.

Lamara Bell, 25, was travelling with her partner John Yuill, 28, on the M9 near Bannockburn in Stirlingshire last Sunday when their Renault Clio veered off path.

Mr Yuill died instantly on impact while Miss Bell, a mother-of-two, was left critically injured.

Despite receiving a call reporting the incident on Sunday, Police Scotland did not attend the scene until a second passer-by reported it on Wednesday morning...

I guess they got the Brit peasants snowed about the nature of the the malicious, unaccountable incompetents who draw a paycheck from The State...

I can't even imagine "reporting an accident" and not manning up and jumping in to sort it out.

79 posted on 07/12/2015 8:05:19 PM PDT by kiryandil (Egging the battleship USS Sarah Palin from their little Progressive rowboats...)
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To: kiryandil

I have a problem with all this BS.

It’s like what can we find wrong with every Republican candidate for president, or every other person in the world.

Bill O’Reilly (another FOXnews hard-left communist newscaster [ /s ] covered this last week. Seems Conservatives can’t wait to find something wrong with everyone.

Mother Theresa? Bad eye makeup.
Albert Einstein/ Don’t tell anyone, but I heard he was a Jew.
Reagan? Just a RINO. Was once a Dem.
Goldwater? That Jewish problem again.
Franklin? Fat
Hamilton? A little dusky, you know
Washington? Bad teeth

When are we going to acknowledge the good most Conservatives do, instead of tearing them all down.

It’s like your post about the accident in the UK. Probably 99% of their work was fine.

Personally, I run about an 87% to an occasional 93% on a very good day. I screw up the rest of the time. Hell, even JimRob would admit FR goes down occasionally!

There was only one perfect man, and you know what they did to him!

Give ‘em a break.


80 posted on 07/12/2015 8:21:23 PM PDT by Crystal Palace East ("We Must All Hang Together, or Assuredly We Will All Hang Separately" B. Franklin)
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