tvc184

Again, there is no telling where this case is going. But….. If the family called the police and said, “we need to talk”, it makes me think that they are not going to say, we don’t think our son did it.

They had a family get together and decided to give the police information (at their request which is the strange part) against Brian?

I thought that’s what I answered. The police cannot question you whether you have had charges filed, you have been arrested or they simply want to without your consent. The 5A right to remain silent it’s not dependent on criminal charges. Under Texas law, you do not have to speak with the police at all including not identifying yourself unless you were actually under arrest. The police can stop you with reasonable suspicion and start asking you questions including your name and you can simply stare at them legally. You are not obligated to even open your mouth.

I think he is acting extremely guilty. As far as not giving an alibi, most sidewalk lawyers and Facebook attorneys are now smart enough to simply not talk to the police. The alibi is what gets you hung. It locks you into a story that you probably cannot prove. Look at Martha Stewart. She went to prison for an insider stock trading scam. But did she go for the scam? No, she went because she gave an alibi and it was like a proven false and they got her for obstructing justice, perjury or whatever the FBI called it. Maybe he is not guilty but if your girlfriend was missing for 10 days and you had nothing to do with it, why not at least report her missing? If it’s the truth simply say she left on this day and I have not seen her again. You don’t have to say any more than that. There are some very sinister people out there. The news article mentioned there was another couple murdered nearby a few days earlier. There is speculation that maybe Gabby is also a victim of the same person(s). But let’s play what if….. What is the boyfriend murdered that couple just to set up killing her later? Shoot a couple for no reason with a 9 mm and then come back a couple of weeks later and shoot your girlfriend near the same location, then get rid of the gun. The police recover slugs from all bodies and announce that whoever killed the couple also killed Gabby. Do we remember while we now have secure packaging on most products and why we often now have caplets instead of capsules? It was the Tylenol murders in the early 1980s. Without the tamper proof packaging that we have today (which came about because of this incident), somebody took Tylenol and put cyanide inside the capsules and put them back on the shelf. Several people were killed and they suspected a man of doing it for extortion from Johnson and Johnson. Then another man using that idea, poisoned his wife and another unrelated man. I believe the unrelated man was killed simply to look like it was a random just like his wife. The man was eventually I believe convicted of killing the unknown man and his wife. That point is that a man was killed just to make it look like his wife’s death but also random. Could this have been the same? This is a strange case for sure and no telling where it will go but the guy sure acts of guilty in my police mind. On a sidenote, the Walmart ice cream licker in Port Arthur was convicted of tampering with evidence after hundreds of such laws were enacted after the Tylenol murders. I wonder how many people today know that all of our tamperproof products and tampering with product laws came from a single incident in the early 1980s.

A person cannot be questioned without his consent, period. That is movie gibberish. The old, take him in for questioning. That is unlawful. A person cannot be arrested without probable cause that a crime was committed.

Buc-ee’s

WRONG!! I just read it on the internet. 😀

I agree 100% especially with the “to each his own”. That is not how it is being presented however between individuals. I understand the corrupt politics. This has caused individuals to call at each other out as if they were the problem. I am so conservative and far right that I’m about to fall off the planet. I did not take the vaccine but my wife did. I kind of get tired of many conservatives saying that if you took the vaccine or you wear a mask you’re a part of the conspiracy or are you a sheep or whatever. I wonder if you wash your hands frequently and try to stay away from people, if that makes you a sheep. I don’t care if you take the vaccine. I don’t care if you refuse the vaccine. The argument but should be with the corrupt politicians trying to use this true pandemic as a means of a takeover, not with each other. I bet that I have read 1000 comments in various forums where people say that there is no pandemic and this whole thing is fake. It makes me wonder who the sheep are……

On a sidenote, when I teach at the Police Academy I used those three offenses as an example of lex specialis derogat legi generali. I think in Latin it basically means the specific over the general. It is an important lesson for police officers because in the Code of Criminal Procedure in 14.01(b) it says that a police officer can arrest for any offense in his presence or view. It appears from that section that if the police think they see a crime, they can arrest. But, hold on a minute. In the Transportation Code it lists those 3 crimes as not being able to arrest. This clearly is in conflict with CCP 14.01(b). That is where lex specialis comes in.

As of now the Texas police can arrest for anything except speeding, open alcohol container in a vehicle and texting, if the person agrees to sign the citation.

With the major Texas police union (CLEAT, I am not sure of TMPA) against such bills, I believe it would have a hard time passing.

HB830 I don’t think he even got a hearing in the Senate.

Last big push that I remember was from the 2019 legislative session. I believe there was an amendment to add to the Sandra bland act to limit C arrests. That actually made it to a floor vote but was soundly defeated.

I don’t know if I have ever seen a more divisive issue from something that should not be political. And like you say, it comes from both sides. These are my thoughts… Covid is a serious disease, if nothing else but by its pure contagiousness. People point out has a 99% survival rate. That may be true but is infecting people 20 times more often than the flu. Even the people that survive easily are often laid up for weeks or months including serious effects well after the body has killed a disease. Many State and federal government agencies have exploited the seriousness of this disease for their own political gain. They made political what should not be. Whether a person decides to take the vaccine or not is not political. It’s a personal choice. I know many Republicans who have taken the vaccine and I know Democrats who have not. I have seen many people in forums claim that if you took the vaccine, you’re a sheep. That Hass to be one of the most stupid comments almost always from the ride that I have ever seen.

Like seriously ended C arrests? Such a bill (along with other standards) are proposed every session, usually by the same person(s). I have followed each session for the last 20 years or so and I see the same thing coming up again and again. Usually it is to restrict police authority. Typically these bills are submitted to a committee and never go any farther including not even getting a hearing. I think when some politicians run for office they do so by making statements such as, I will submit a bill that blah blah blah…. and they do. But I have seen bills come up that would prohibit C arrest as long as the person signs the citation. None have seen the light of day.

PUBLIC SERVICE ANNOUNCEMENT: If you are a convicted felon, don’t go live showing you with a firearm.

I agree with DOC but PI?

I think you have a winning combination there. Not even close….

It is not even simply the past. They are punishing 16 and 17 year old kids who have nothing to do with a reputation of some people in a town from 50 or more years ago.

That is absolutely true. It’s still a crappy deal because of a presidential mandate that a person probably loses two careers.

I have heard that the federal government has shut down the monoclonal infusion treatment.

I used to get that while on night patrol back in the mid 80s and the again when I commanded the gang unit in the early 2000s. Double hashbrowns with grilled jalapeños and onions, and covered with country gravy. At our half-price it was about $1.10. I had been on the swat team for about 10 years up until the early 2000s. I was around 180 pounds and would practice by jogging 3 times a week as much as 5 miles a night. After I join the gang unit I gained about 20 pounds in about five months.… literally. 😀

According to the article, they were arrested later for public intoxication after they were identified. Just pondering the law… how do you justify arresting someone for public intoxication later when you cannot prove how intoxicated they (if at all) were during the fight? They might just plead guilty but I would take the case to court and say prove I was publicly intoxicated. I can almost guarantee it even if convicted and City Court, the county DA will drop the case as not winnable. Why not just arrest them for fighting?

Uhhhhh …… double country peppered, smothered is good at 1:30am!!!

I wish the NovaVAX vaccine would come out sooner and see how that works out. I believe it is a non-mRNA vaccine made more in the traditional way.