tvc184

Silsbee wins toss and will receive.

Of course the police knowing the law makes it much better than a citizen taking the risk of saying, I think I might know the law but I’m not sure. Then it might lead to an illegal arrest and a lot of trouble for the citizen. It is not because the citizen cannot make the arrest but most citizens are not that clear on the law.

Any citizen has the authority in Texas to make an arrest for a felony or a breach of the peace that is witnessed by the citizen. Any peace officer has less restrictions and can arrest for any crime witnessed. That is where the statewide jurisdiction comes from. Technically citizens have a limited statewide jurisdiction. So if a cop is out of his county and witnesses a crime other than a minor traffic violation, he can lawfully make the arrest.

I will make a minor correction in that. About six or eight years ago the state legislators passed a law allowing neighboring jurisdictions to enter into a legal agreement allowing traffic violations to be enforced in that jurisdiction. For example Nederland could enter into an agreement to issue citations in Port Neches. I don’t know if that law allows counties next to each other to enter into such an agreement. I have no knowledge of any cities or counties doing that.

No. Only traffic jurisdiction (DWI is not traffic) is in your own county. A city like Port Arthur has jurisdiction in both Jefferson and Orange counties because they have city limits in both counties.

Generally speaking, all police in Texas are equal. Various state police (TABC, DPS, TPWD Game Wardens, etc.), city police, city fire department arson investigators, county police (sheriff, DA investigators, constables, etc.) and others are all under the classification of peace officers. Most laws do not distinguish which laws they can enforce or on or off duty and in sone cases, active duty or retired. There are some specific authorities in very limited situations where authority rests with certain agencies but for probably 98% of the time an officer is an officer. One example is that officers have authority to make arrests statewide but traffic jurisdiction only in their county. Texas police have no authority to enforce laws outside of Texas unless that state grants cituzen arrests OR the officer has been granted that authority by an agency in that state, like being deputized. I have been a Missouri police officer for about a week each year for over 20 years as an example.

In both cases within a few weeks of each other the police killed an innocent person (not even up for debate) in his own home. In one the police were called to the situation and in the other the officer walked up on it. The laws on defense don’t change. I like almost everyone else would love to see the actual facts and not the fake internet speculations, some reported as fact and some put out by attorneys.

Not exactly the same but..... About 6 weeks ago police in Colorado shot and killed a man in his own home after the family called the police for a burglary in progress. The homeowner did have a gun but was defending his family from an actual intruder. It looks like the homeowner didn’t comply with commands to drop the weapon and was killed. A completely innocent man who was defending his family from an actual intruder was shot and killed by the police. Does that officer(s) go to jail for murder? In both cases a completely innocent person is killed by the police acting in a reasonable belief (assuming the officer in Dallas actually made a mistake). [Hidden Content]

Same authority. Texas law does not distinguish between on and off duty or jurisdiction except to say that if an officer makes an arrest outside of his own jurisdiction, he must immediately turn that person over to an officer from that jurisdiction. That seems reasonable. An officer from Dallas who makes an arrest in Austin can’t drag the suspect back to Dallas because that is not where the crime happened. You have to call the local police after the arrest.

She is never techically off duty. We use the term off duty to note whether the officer was being paid at the moment. In this case she was even in uniform. She is either on the clock and being paid or she is off the clock but acting as an officer does stop at the end of her shift. I could be on vacation in Austin and arrest someone just as if I was at work in uniform. Remember the officer that was “off duty” in Orange about 8 years ago who shot and killed the “unarmed man” at the auto parts store (except that was a black officer shooting an unarmed white guy). He was considered as acting within his authority as a police officer and cleared without a trial.

Nope. An officer finding his own door open is not going to wait for backup or even call for help until he investigates.

I love the “what if” game. I can think of several what ifs in this case. However..... It is my opinion that many of the rationalizations of why this was a crime by her, have little to no experience in investigations or people involved in life threatening incidents. As an example, when faced with a life threatening situation, people tend to get tunnel vision and fixation and may not notice the color of a rug, a person’s shoes or what the items were on the bar. A person certainly has the right to an opinion and simply not believe her. I have seen lots of speculation and almost no facts to refute her story. She might be guilty of Capital Murder and should get the death penalty or some other homicide but I have seen nothing to back that up the Facebook or other internet speculations.

You are probably correct about not having anything to do with police brutality. Until it is shown otherwise (and it very well could), her story is very plausible. I believe that unless the state can show otherwise, she may be acquitted by a jury.... if it should even get that far.

What makes you think they knew each other? I think it pretty much been established that they didn’t know each other unless you believe the fake Facebook photos......

Driver’s license needed to drive lawfully? Yes. ID of any kind when not driving or some other activity that requires a license like fishing or hunting? No. People lined up and jailed for no ID? Not credible. Like I often read, if that was true, there is more to the story. Like maybe an officer(s) was charging someone with a minor offense but since no ID to confirm who to give a citation to, the person(s) was arrested in lieu of a citation. Neither Texas law nor federal law requires the carrying of an ID however it is lawful in Texas to arrest for anything without a warrant except for speeding, open container or texting... if the person agrees to sign a citation. If someone was arrested it was likely for some criminal charge and not failure to possess an ID.

That is not correct. No one is required to carry an ID. A person that is driving must present a driver’s license however that is for the privilege of driving, not because anyone is required to carry an ID. A person is not required to identify himself unless he is under arrest If an officer arrests you for remaining silent, hire a good attorney and start deciding how much you might settle for in an out of court settlement. The right to remain silent is not only after an arrest.

I am not sure how well versed you are but except for driving, the ID part simply isn’t true. The police cannot (legally) arrest someone because they don’t possess, own, carry, etc., an ID. In fact unless you are actually under arrest, you don’t even have to tell an officer your name even if he has lawfully detained you.

.... and then play the second team in the 2nd half.

And the answer was......

Game. Nederland 33-14

R 2 feet. 4 and a foot.

R-4. 3-1 0:45

R-5 2-5 1:25

BU offsides and kickoff out of end zone Nederland takes ball at own 30