Posted on 06/18/2013 4:12:04 AM PDT by marktwain
Slaton police came to this woman's house, who wishes to remain anonymous, to arrest her son. But by asking one simple question, she found herself behind bars instead.
"I told him, 'I will release my son to you upon viewing those orders.' Those were exactly my words," The complainant said. "He said, 'This is how you want to play?' He took two steps back, turned around to the officer and said, 'Take her.' They turned me around, handcuffed me, and took me in."
The complainant said she was aware police would be coming to apprehend her 11-year-old son based on a criminal complaint, and that she just wanted to see the warrant. As it turns out, that warrant didn't exist. She spent the night in jail while her son was left at home.
"He told me it was their duty to come pick up my son," She said. "Yet, I had someone stay the night at my house. They never came back that evening, they never came to pick up my son, or do what they told me they were there to do in the beginning."
(Excerpt) Read more at myfoxlubbock.com ...
O.k. now I understand. And, believe it or not, agree.
I believe you. There for a minute, I thought I was in the twilight zone....without facts Freepers saying ‘take everything they own’, ‘two cops shot on the porch’, ‘put them in prison forever’.
Thank you for reducing my concern.
And without a warrant, if asked to leave, they must leave.
There was no immediate threat to anyone’s life or property. Even if the police officer was investigating a crime, they have procedures to follow.
For all intents and purposes, it appears he/they didn’t follow them.
“Wannabe cops. All they do is cost the community funding when the town council has to settle later.”
Slaton, TX= Turd Blossom Capitol of Texas! Population: 6125 backward assed morons. I hope she sues, because she will be able to single-handedly bankrupt this place. Another “reason” why moving to Texass is not the panacea for conservatives it’s being sold to be. Texass, the land of the not so free! Texass, land of the LEO’s with the size 44 uniforms and the size 4 hats.
In this case there is no claim that officers witnessed the felony. There is no claim that they were in hot pursuit of a felon. Do you think perhaps that your statement is so overly-broad that it constitutes misinformation and might be completely false in this case?
Why do you think the police force in this case is willing to consider an apology? Why would they do that if they didn't need a warrant?
Well my wife and or I would have been arrested I guess. Standing policy at our house is that NO ONE enters except family and friends. Police may enter upon showing a warrant. They want to talk that an be done at the door. As an American I fully support the US Constitution. As a former LEO I fully understand that many working Police Officers do not have an adequate understanding of the Constitution.
IIRC, children this age are not allowed to be interrogated without a parent and/or lawyer present.
Every story has 2 sides. Is their a video? What are the chances that a woman that produces an 11 year old that is already an accused criminal, might be fudging the truth for some cash?
You mean like the 11 year old arrest for wearing an NRA t-shirt and refusing to remove it?
“In this case there is no claim that officers witnessed the felony. There is no claim that they were in hot pursuit of a felon. Do you think perhaps that your statement is so overly-broad that it constitutes misinformation and might be completely false in this case?”
Police do not have to witness a felony (or be in hot pursuit) to make an arrest; they need probable cause.
Whether my state constitutes misinformation; here is what I was responding to:
‘warrant not issued until after the fact, thus no authority to arrest’.
I pointed out that ‘Police do not need a warrant for an arrest in a felony’. Feel free to decide which is the more accurate.
You are correct about locals being friends of LEO’s. On the other hand, if you happen to be traveling through a small city/town especially late at night or very early morning, some of those LEO’s are extremely eager to manufacture a reason to pull your car over and find a reason to bring in some revenue to the local coffers so pay attention to all the signs! Also there is an over zealous state trooper I should have reported once.
If the cop thinks your wrists arê thicker than he is accustomed to that is “resisting arrest without violence.” That charge is so he can take you in with essentially no charge- he just wants to arrest you. If a cop stops anyone anywhere at any time and the person asks what it is for that, too, is “resisting arrest without violence.” That charge will usually be dropped because juries raise eyebrows at it but it lets the cop have his way with you and bump up his record for apprehensions a bit. We used to get these things out on the beach a lot. I haven’t heard of any this year but summer is just beginning.
For the Bill of Rights to mean anything, police must also be required to articulate that probable cause on demand. I'm well aware of courts' practice of saying that action which isn't patently illegitimate is not actionable and should thus be regarded as de facto legitimate. I would posit that regardless of what judges say, such inference is not valid. Those who are sworn to uphold the Constitution aren't compelled merely to keep their violations of suspects' rights just below the level that would trigger a judicial response. Even in cases where rights may have to yield to necessity, upholding the Constitution requires making a good faith effort to not abridge rights in any measure unnecessarily.
While having to go to the courthouse to get a warrant may have been inconvenient, a person is well within her rights to demand that a cop either show a warrant or articulate a basis for believing that the situation at hand justifies an exception to the normal requirement [if a cop's personal belief that he had probable cause to believe someone committed a crime was sufficient even absent any sort of exigent circumstances, why bother with warrants at all?]
I might otherwise fit right in, especially regarding Second Amendment issues. If Texas secedes, I might still want to go there. Then again, if the North Colorado effort goes forward, I might not need to.
Regardless of whether they needed a warrant or not, don’t you still have the right to ask if they have one, and expect an answer?
Where did you read that?
I believe I read it in the comments on this story:
Thanks - I usually avoid the comments...
If true, seems more than strange that police have still not arrested the kid, as the story suggests.
Yes, I have seen those incidents. Was stopped in Anson, TX at 4:30 AM on way to a business convention. Thought it was unuaual, but had no problems with the local officer.
Have been here a long time and am known by many. Fear none of the officers. Know the buttons to push if I am mishandled.
If Texas were to secede, we wouldn’t be standing alone for more than 15 seconds.
Was it a no-knock warrant? No? Then go to the "trouble" of letting the subject of the warrant (or their guardian) see it, please...
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