Chambers County (Texas) Narcotics Task Force Goes Fishing

Houston Area Texans - A FreeRepublic Network Chapter ^ | February 3, 2003 | Jim Chessher

[AppyPappy]

And don't forget the officer was in my blind spot. I have to turn my head about 15 degress to check my sideview mirror

When ANYONE stays in my blind spot, I slow down and let them pass. People like that are usually pacing you.

[Flyer]

I apologize as an American for the behavior of that police officer.

It's a shame that you even have to feel compelled to make a statememnt like that. Thank you.

[Flyer]

Welcome to Amerika.

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.

[Revelation 911]

my son has a little palm sized olympus digital unit for school - very handy and very unobtrusive on the dashboard - we just dont drop it on the floor and reach for it

I contend the only way to fight thier BS is to video tape it - just like they do

[Flyer]

When I read this to Weinie, she went on the warpath!

Another fine dog that's stands up for Truth, Justice and the American Way!

[jwh_Denver]

It might be useful to find out if a private dog "thinks" there is something on your vehicle and where, so you can get it cleaned in an attempt to prevent future harassment.

Why bother? 2 drug sniffing dogs said the car was clean.

[Flyer]

Hope I have your patience if it happens to me.

Patience (aka kissing butt) was big on my mind. I had to bite my tongue so much it is all swollen today.

[Flyer]

You do "look" like a child of the 60s

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.

[Flyer]

so the only way to secure such a large area is to randomly inspect suspicious vehicles exiting or enter the area.

Shame on you! Not in MY country.

[_Jim]

I have several direct questions.

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 ...

[Flyer]

Firstly, the author doesn't deny the officer's assertion: "you were all over the road back there."

"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. .

[Flyer]

When ANYONE stays in my blind spot, I slow down and let them pass

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.

[_Jim]

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.

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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, 75th

Leg., 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.

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[Flyer]

I contend the only way to fight thier BS is to video tape it - just like they do

It's a shame that we even have to consider that option.

[Sandy]

I think this applies, doesn't it?

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.

[Flyer]

2 drug sniffing dogs said the car was clean

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.

[ThinkDifferent]

I also figured that slowing down would look suspicious.

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.

[_Jim]

Somewhere around here is a thread regarding the time I was stopped because by license plate light

Hmmm ... 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.

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From:

http://www.capitol.state.tx.us/statutes/tr/tr0054700.html#tr029.547.325

[Flyer]

Do you/did you look suspicious that day?

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.

[bobbyd]

Huh? Do you have me confused with that ponytail guy?

HA!!!