Biker arrested for no clear reason

#1 he was riding with a group of dumbasses, #2 the kid didn’t pass the attitude test, #3 In the state of TX it’s the officers discretion on whether or not to arrest you on plate violations, 99.99999% they don’t, but they can. My buddy is a Dallas Fort Worth police officer so I called and asked him. The officer picked that kid to pull over because of his camera....the cops wanted to arrest him and take it. They ran his plate and he came back clean so the obstruction violation was the only way to get a copy. The ONLY thing I see wrong with this whole thing is the cops unprofessional attitude and the fact that he was taking his frustrations out on that kid. I know I would have been so pissed that I would have wanted to smack him around too but he is trained not too. Both sides were wrong.
 
A couple of things...

1. As far as I know every offense is an arrestable offense, if the officer has reason to believe that you will not appear in court or there is a justifiable reason you can be taken in, this includes speeding, tag whatever.
2. Exigent circumstance is what the cop should have used, I think that we all would agree something else happened outside of this 11 minutes of video that spurred all the LEO with the bikes. If something else did occur then the officer only need to make the traffic stop and ask for the camera nicely, if the rider wouldn't give it up then he could have taken it under current exigent circumstance guidelines for most departments.

The problem here is that the officer was a turd and tried to use the tag to arrest the kid to get the tape... He could have just as easy given a receipt and taken the camera from the kid and drove off. The only time I ever took someone to jail for an offense like that is when they were crazy obstructive, refused to sign the ticket or were out of town and we took them to the jail to post bond. Pretty thin ice to be skating on for the officer since he puked out the words right off that he wanted the tape, in this situation had he not said that it would have looked much better for him but I think he tried to use the wrong laws for the wrong reason to get what he wanted....

For those that have never heard of Exigent circumstances...

An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape.
In the criminal procedure context, exigent circumstance means:
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.[1]
Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.[2]
Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.
Exigency may be determined by: degree of urgency involved; amount of time needed to get a warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence.[4] In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure.
Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.[5]
 
A couple of things...

1. As far as I know every offense is an arrestable offense, if the officer has reason to believe that you will not appear in court or there is a justifiable reason you can be taken in, this includes speeding, tag whatever.
2. Exigent circumstance is what the cop should have used, I think that we all would agree something else happened outside of this 11 minutes of video that spurred all the LEO with the bikes. If something else did occur then the officer only need to make the traffic stop and ask for the camera nicely, if the rider wouldn't give it up then he could have taken it under current exigent circumstance guidelines for most departments.

The problem here is that the officer was a turd and tried to use the tag to arrest the kid to get the tape... He could have just as easy given a receipt and taken the camera from the kid and drove off. The only time I ever took someone to jail for an offense like that is when they were crazy obstructive, refused to sign the ticket or were out of town and we took them to the jail to post bond. Pretty thin ice to be skating on for the officer since he puked out the words right off that he wanted the tape, in this situation had he not said that it would have looked much better for him but I think he tried to use the wrong laws for the wrong reason to get what he wanted....

For those that have never heard of Exigent circumstances...

An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape.
In the criminal procedure context, exigent circumstance means:
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.[1]
Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.[2]
Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.
Exigency may be determined by: degree of urgency involved; amount of time needed to get a warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence.[4] In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure.
Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.[5]

All that crap means to any honest American citizen is the police and person in position of "authority" can violate your rights if the feel like it. Kid was riding his motorcycle, cop saw his camera, decided he wanted it, and took it period. Lets cut the BS that's what happened. I am ashamed to see what this country is coming to. Violation of civil rights and people make excuses for why it was ok. Well cool, when all your damn "rights and freedoms" are gone you have no one to blame but yourselves.
 
i feel that i am not guilty of someone else's actions and should not be charged for something because of them, but i learned the hard way last year thats not the case
 
It is almost commical reading these comments. Is see some are talking about the officer should have run them off the road/into them, some are talking about not being arrested for someone else's actions, some are talking about why not arrest this one or that one, etc.,,,,,,, kinda puts an officers job into perspective. Would you have kicked Rodney Kings ass? Would you have run into the rear of that biker? How would you have handled that situation with 50 (and there are only a few of you) bikers pushing drugs, driving down the wrong side of the hwy, obstructing justice? What would you do in life or death, fight or flight situations??? My guess is if many of you were PO's you would be scrutinizing your own actions.
 
I would have shot Rodney King after he flipped me over like he did that chick cop back then, he would have been shot by 99% of the cops in NJ back then and 100% of the cops here in Fla after the Zombie incident, this is why I did not go into law enforcement, I have no prob shooting a MFer that is about to hurt me badly. Running the guy over is ridiculous, just let him go and leave it to Darwin.
 
I would have shot Rodney King after he flipped me over like he did that chick cop back then, he would have been shot by 99% of the cops in NJ back then and 100% of the cops here in Fla after the Zombie incident, this is why I did not go into law enforcement, I have no prob shooting a MFer that is about to hurt me badly. Running the guy over is ridiculous, just let him go and leave it to Darwin.

let us leave Rodney king out of this one. Thanks
 
If the dash cam video is from the same incident, then I would submit/assume that the police have the "exigent circumstance" to copy (AND RETURN) the video. Obviously the video was returned or it would never have been posted.

Entire problem was, that by the time the camera was rolling, the officer had already lost his cool, and the rider wasn't making it any better.
 
A citation is issued in lieu of arrest for traffic infractions, and the officer has the discression. This kids attitude sucked and he was telling the cop his job, sorry but that's not going to fly. As far as seizing his camera, you have to "voucher" possessions so it was an excuse to see what was on the camera. The officer was justified, but I wonder if this kids attitude was better if he would have gotten a pass. I am not saying I agree with it but the kid did fuel the fire... If he would have sat down the first time the cop told him he would not have gotten "motivated" to sit.
 
A couple of things...

1. As far as I know every offense is an arrestable offense, if the officer has reason to believe that you will not appear in court or there is a justifiable reason you can be taken in, this includes speeding, tag whatever.
2. Exigent circumstance is what the cop should have used, I think that we all would agree something else happened outside of this 11 minutes of video that spurred all the LEO with the bikes. If something else did occur then the officer only need to make the traffic stop and ask for the camera nicely, if the rider wouldn't give it up then he could have taken it under current exigent circumstance guidelines for most departments.

The problem here is that the officer was a turd and tried to use the tag to arrest the kid to get the tape... He could have just as easy given a receipt and taken the camera from the kid and drove off. The only time I ever took someone to jail for an offense like that is when they were crazy obstructive, refused to sign the ticket or were out of town and we took them to the jail to post bond. Pretty thin ice to be skating on for the officer since he puked out the words right off that he wanted the tape, in this situation had he not said that it would have looked much better for him but I think he tried to use the wrong laws for the wrong reason to get what he wanted....

For those that have never heard of Exigent circumstances...

An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape.
In the criminal procedure context, exigent circumstance means:
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.[1]
Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.[2]
Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.
Exigency may be determined by: degree of urgency involved; amount of time needed to get a warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence.[4] In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure.
Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.[5]

Way to go Cap.... :thumbsup:

How you been?

Tom.
 
I just want to clarify one thing. I said it was amazing the cop didn't run guy over meaning that with as many times as he darted in front and slammed on brakes I kept thinking any second cop was gonna accidentally drive over him. Never meant it to mean he should have.
 
ok i think neither of them handled that right. if i was the guy on the bike i would have been pissed too but probably would have kept my mouth shut.
 
If this Exigent law is true how does it apply to this exactly?

For those that have never heard of Exigent circumstances...

An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances. It must be a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape.
In the criminal procedure context, exigent circumstance means:
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.[1]
Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.[2]
Exigent circumstances may make a warrantless search constitutional if probable cause exists. The existence of exigent circumstances is a mixed question of law and fact.[3] There is no absolute test for determining if exigent circumstances exist, but general factors have been identified. These include: clear evidence of probable cause; the seriousness of the offense and likelihood of destruction of evidence; limitations on the search to minimize the intrusion only to preventing destruction of evidence; and clear indications of exigency.
Exigency may be determined by: degree of urgency involved; amount of time needed to get a warrant; whether evidence is about to be removed or destroyed; danger at the site; knowledge of the suspect that police are on his or her trail; and/or ready destructibility of the evidence.[4] In determining the time necessary to obtain a warrant, a telephonic warrant should be considered. As electronic data may be altered or eradicated in seconds, in a factually compelling case the doctrine of exigent circumstances will support a warrantless seizure.
Even in exigent circumstances, while a warrantless seizure may be permitted, a subsequent warrant to search may still be necessary.[5]
 
If this Exigent law is true how does it apply to this exactly?

Say a cop comes to talk to you about something that happened across the street. They have no legal right to come into your house unless you invite them in or they have a warrant. If they hear fighting, gunshots or something of the sort, they can come right in without warning or a warrant (exigent circumstance). That is how it works as far as I know. No big deal really.
 
I hope the police officer is gets what he deserves.

The really sad thing is, this officer may lose his job over a run-in with a punk and smart mouth. This may be the same officer that saved the life of a motorist in a car accident, caught a rapist, or took a bullet stopping a robber. We'll never know.
 
Well him arresting the guy the way he did does not exactly show his honest side. If he loses his job it is because of his own faults.
 
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