HA!!!
Posted on 02/03/2003 1:16:14 AM PST by Flyer
Chambers County Narcotics Task Force Goes Fishing
This goes under my category of "The traffic stop as the primary law enforcement tool." Some may classify this as good pro-active policing. I call it a fishing expedition.
I am a contract delivery driver. I return to passengers luggage that has been lost by various airlines. My range is a wide swath of southeast Texas. When Nacogdoches became the center of attention for the recovery of the shuttle Columbia, I knew I could expect to be heading that way. I received the first such call about 4:00 p.m. Sunday afternoon, February 2.
Northbound on Highway 59, a few miles south of Cleveland, I went past a semi-marked police vehicle (no external emergency lights; a seal on the door) that was parked in a median crossover. I was among 10 - 15 other vehicles. All of us were at or below the speed limit. Checking my rearview mirror I noticed the police vehicle had pulled onto the highway. In a short time he had worked his way through the traffic and positioned his car to the left and behind me - in my blind spot. I had the cruise control on and kept a steady speed. He maintained his position in my blind spot. After about a mile he pulled in my lane behind me and hit the lights.
After we were stopped on the shoulder he approached my door and asked me to step out and present my driver's license. It is more common for police to want one to stay in the car so I confirmed he wanted me to step out. He said the reason he stopped me was because "you were all over the road back there." He asked if I had been drinking and where I was going and why. When I told him I was headed to Nacogdoches to return some luggage, that wasn't good enough and I had to explain my job, my position as a contract driver, where I had picked up the luggage and so on. He asked me if I had any paperwork on the luggage and I showed my delivery ticket. He wanted to know who the person was that was named on the ticket. Again I explain I am just delivering the luggage and don't know the person.
He tells me he is going to check my license and write me a warning, and he returns to his car. Maybe five minutes pass and he approaches me and asks if I have ever been arrested before. I give him the date and charge of two previous arrests. He said the computer was running a little slow and he was still waiting for the return on my license. Next he asks if there are any drugs or guns in the car and I tell him no. He ask "Is it okay if I have a look?" I tell him no. He ask why and I tell him I need to get my delivery to Nacogdoches. "Well, that's your right. So I can't have a look?" he says. Again I tell him no. He points to an area further off the shoulder of the road and tells me to wait over there, he is going to call for a dog.
He makes his call from the car as I stand on the side of the road. And I stand there. And I stand there. It seemed much longer, but about 15 minutes later a City of Cleveland marked patrol car arrives. The officer gets his dog out and circles the car. Nothing. They circle it a second time. Nothing. They circle it a third time. Nothing. They circle it a fourth time. Nothing. The K-9 officer, the initiating officer and the third person go back towards the police cars. (the third person is with the initiating Task Force officer - I think he is just a ride along) I wait on the side of the road. After another 10 - 15 minutes a third police car arrives and the officer gets out with another dog. They circle the car once. Nothing. They circle the car twice. The dog barks once near the drivers door. They circle a third time. Nothing.
The initiating officer tells me the dog has indicated that there is, or has been, narcotics or other material in the car and he is going to have a look. He searches the driver's seat area first. Next he removes the luggage I am to deliver and opens it up on the shoulder of the road. He goes through all the items and smaller bags inside, the zippered pockets, etc. and puts it back in the car. He then searches the passenger side, my briefcase and camera case and so on. Next he opens the trunk. There is nothing in there but the spare tire but he knocks here and there looking for hidden compartments. Next he opens the hood and pokes around the engine compartment. He returns to the passenger area and searches some more.
An hour and a half after the initial stop he finishes the warning ticket (driving on the shoulder) and has me sign it. He says that if I have something in the car I have it well hidden and he still thinks my story is a little odd to him. End of encounter.
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Some notes and observations:
The warning ticket was from the Chambers County Narcotics Task Force. I was in Liberty County.
The officer never asked to see my proof of insurance.
My car's tag number wasn't completed on the ticket.
I drive for a living. I won't claim I am above mistakes. I drove 100,000 miles last year without incident. I haven't had an accident or moving violation in 30 years.
50% of the drug sniffing dogs were wrong.
My opinion of law enforcement has been tainted again.
When ANYONE stays in my blind spot, I slow down and let them pass. People like that are usually pacing you.
It's a shame that you even have to feel compelled to make a statememnt like that. Thank you.
I'm no stranger here. This is just my latest rant. Somewhere around here is a thread regarding the time I was stopped because by license plate light "Wasn't bright enough." That was on the morning of. . . the Fourth of July. That one REALLY set me off.
I contend the only way to fight thier BS is to video tape it - just like they do
Another fine dog that's stands up for Truth, Justice and the American Way!
Patience (aka kissing butt) was big on my mind. I had to bite my tongue so much it is all swollen today.
Huh? Do you have me confused with that ponytail guy?
Your speech impediment to a small town cop could be construed as "nervous behavior"
Yeah. Maybe when this 22 year old that is running a county narcotics task force operation grows up he will learn there are people in the world that stutter.
.the news of people "stealing" souvenirs from the wreckage site probably was cause for the police to call out all types of police forces
I was on the way TO Nacogdoches.
Sounds as though the drug task force was doing about all they know what to do...PROFILE and harrass.
I don't fit any profile. It was pure fishing.
Shame on you! Not in MY country.
Do you/did you look suspicious that day?
Did you have luggage, packages or other material in the other seats that was visible above the lower window line?
Was you vehicle 'stuffed'?
Did you have paperwork (bill of lading) showing that you were engaged in the activity you said you were engaged in?
Did you have any paperwork that showed a list of addresses for those whom luggage was being delivered?
Were there identifying tags or labels (of any sort) affixed or attached to the luggage from an airline or from a carrier like UPS or FEDEX?
That is all ...
"All over the road" is an ambiguous term and subject to interpretation. I was in a tight knot of cars because of the police car among us. I was watching the traffic in front of me. I was watching traffic in my rearview mirror. I was watching the car in my blind spot through my sideview mirror. I have to turn my head a little to focus on the side mirror. I don't doubt that I didn't maintain a perfectly straight line, but I was not all over the road. .
I do too, when I can. I was in a tight little knot of traffic that was watching the police car in their midst. I also figured that slowing down would look suspicious. Catch 22.
Northbound on Highway 59, a few miles south of Cleveland, I went past a semi-marked police vehicle (no external emergency lights; a seal on the door) t
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I wonder if they are compliant with TX state law on this.
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- - - - - - - - - - - - - - - - - - - - - - - -§ 721.004. Inscription Required on Municipal and County-Owned Motor Vehiclesc and Heavy Equipment
(a) The office having control of a motor vehicle or piece of heavy equipment owned by a municipality or county shall have printed on each side of the vehicle or equipment the name of the municipality or county, followed by the title of the department or office having custody of the vehicle or equipment.
(b) The inscription must be in a color sufficiently different from the body of the vehicle or equipment so that the lettering is plainly legible.
(c) The title of the department or office must be in letters plainly legible at a distance of not less than 100 feet.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
From:
http://www.capitol.state.tx.us/statutes/tr/tr0072100.html#top
BTW - police are exampt - so are medical examiners and certain magistrates according to code 721.005.
And - the 'code enforcement' guy is exempt too, as shown below, if he is "designated to enforce environmental criminal laws".
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§ 721.005. Exemption From Inscription Requirement for Certain Municipal and County-Owned Motor Vehicles- - - - - - - - - - - - - - - - - - - - -Subsection (a) as amended by Acts 2001, 77th Leg., ch. 66, § 1
(a) The governing body of a municipality may exempt from the requirements of Section 721.004 an automobile when used to perform an official duty by a:
(1) police department;
(2) magistrate as defined by Article 2.09, Code of Criminal Procedure;
(3) medical examiner; or
(4) municipal code enforcement officer designated to enforce environmental criminal laws.
Subsection (a) as amended by Acts 2001, 77th Leg., ch. 140, § 1
(a) The governing body of a municipality may exempt from the requirements of Section 721.004:
(1) an automobile when used to perform an official duty by a:
(A) police department;
(B) magistrate as defined by Article 2.09, Code of Criminal Procedure; or
(C) medical examiner; or
(2) an automobile used by a municipal employee only when conducting an investigation involving suspected fraud or other mismanagement within the municipality.
(b) The commissioners court of a county may exempt from the requirements of Section 721.004:
(1) an automobile when used to perform an official duty by a:
(A) police department;
(B) sheriff's office;
(C) constable's office;
(D) criminal district attorney's office;
(E) district attorney's office;
(F) county attorney's office;
(G) magistrate as defined by Article 2.09, Code of Criminal Procedure;
(H) county fire marshal's office; or
(I) medical examiner; or
(2) a juvenile probation department vehicle used to transport children, when used to perform an official duty.
(c) An exemption provided under this section does not apply to a contract deputy.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts
1997, 75th Leg., ch. 355, § 1, eff. May 27, 1997; Acts 1997, 75thLeg., ch. 46, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 17.38, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 66, § 1, eff. May 14, 2001; Acts 2001, 77th Leg., ch. 140, § 1, eff. Sept. 1, 2001.+ + + + + + + + + + + + + + + + § 721.006. Operation of Vehicle in Violation of Chapter; Offense
(a) A person commits an offense if the person:
(1) operates on a municipal street or on a highway a motor vehicle or piece of equipment that does not have the inscription required by this chapter; or
(2) uses a motor vehicle that is exempt by rule under Section 721.003, and that use is not expressly specified by the rule.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $100.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
It's a shame that we even have to consider that option.
42 USC § 1983 -- Civil action for deprivation of rights:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
No, the second dog did bark. Why they decided the second dog was right and the first dog was wrong, I don't know. I'm sure some criminal lawyers would like to hear that 50% of the dogs are wrong.
Probably true. I've heard of cops pulling over drivers because they were "suspiciously" driving under the speed limit. Glad you got out of there ok. Innocent citizens in a free society should not fear the police; sadly this is becoming less the case.
Somewhere around here is a thread regarding the time I was stopped because by license plate lightHmmm ... in Tx license plates *only* need to be illuminated to be "clearly legible at a distance of 50 feet from the rear".
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§ 547.322. Taillamps Required- - - - - - - - - - - - - - - - - - - - - - - -...
(f) A taillamp or a separate lamp shall be constructed and mounted to emit a white light that:
(1) illuminates the rear license plate; and
(2) makes the plate clearly legible at a distance of 50 feet from the rear.
From:
http://www.capitol.state.tx.us/statutes/tr/tr0054700.html#tr029.547.325
Not at all (I know that is just opinion). I'm clean cut and was dressed nice. The car is an '83 Mercury Marquis - it looks like grandpa's car (it WAS grandpa's car - I got it from an elderly gentleman that was convinced by his family he was too old to drive)
Did you have luggage, packages or other material in the other seats that was visible above the lower window line?
The one bag was probably barely visible.
Was you vehicle 'stuffed'?
No. One bag this time.
Did you have paperwork (bill of lading) showing that you were engaged in the activity you said you were engaged in?
Did you have any paperwork that showed a list of addresses for those whom luggage was being delivered?
Were there identifying tags or labels (of any sort) affixed or attached to the luggage from an airline or from a carrier like UPS or FEDEX?
Yes to all.
HA!!!
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