Texas Cop Tries to Arrest Wrong Man on Out-of-State Warrant in his Front Yard

stokkebye's picture

Texas Cop Tries to Arrest Wrong Man on Out-of-State Warrant in his Front Yard

How would you feel if a cop came on your property, handcuffed you, stuffed you in their car, dragged you down to their station, locked you up, only for them to realize they have the wrong guy and just let you go? Thankfully this did not happen to this man becuase he knew his fucking rights and told this cop to fuck off. Would you? Or would you submit and lick their boots becuase they are cops? Dont be a sheep and know your rights.

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sato's picture

go with them, sue, then collect for wrongful arrest and failure to do due diligence.

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Fullauto223cal's picture

Exactly.  I am reminded of the only time I ever arrested the wrong guy on a warrant.  Turns out the son and father had the same name.  When I asked the guy if his name was "Jim Bob" he said yes and after telling him I had a warrant for him he complied.  I cuffed him and started driving to the station.

 

It was until I was almost half way to jail that he asked me what the warrant was for and I read out the affidavit.  It was only then that he explained that he was "Jim Bob Sr." and that warrent was reffering to "Jim Bob Jr." and when I compared his ID to the warrant it became clear the warrant was for the son.

You want to talk about turning my cruzer around on a dime and high tailing it back to his house.  Now at no point did I act like an asshole and I was very apologetic for the mistake.  I let my superviors know what happened afterwards and luckily the man never complained.

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sal9000's picture
Master Mind

just remember that you won't necessarily see a judge right away, you might spend a few weeks in jail, a month... meanwhile you got bills to pay and job that won't be going to. even if you take them to court, its on you to pay the lawyer, even if you win, they could appeal the decision

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Fullauto223cal's picture

stokkebye you're outlook on this is going to get some innocent person killed.  First off, submitting to an arrest, even one being made due to mistaken identity is not 'licking boots'.

 

The correct course of action after a cop has decided to ignore your protest and move forward with the arrest to zip your lip and contact an attorney for the eventual civil suit you will be filing with the courts for emotional distress and other real damages such as potential lost work and legal fees.  Chances are the city or county in which it happened will throw money at you to settle out of court, ESPECIALLY if you are black.

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stokkebye's picture

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Fuck that man, Im a free man and most states have statutes about your right to resist an unlawful arrest. If some asshole in a costume wearing a shiny lapel pin comes on my property to arrest me when I've done fuck all, im grabbing my rifle and taking a stand. Who dies will be on that clown coming on my property trying to unlawfully arrest me. There are statutes that protect you as well in regard to resisting excessive force, you have a right to resist in the amount that is excessive, meaning if a cop punches you, you cant just shoot his ass, but if a cop fires a round at you, you have a right to blow his head off, if it is an unlawful arrest. IMO, its asshats like this cop not double checking his info and making absolutely sure he has the right person that will get someone killed, NOT an innocent person protecting himself from tyranny.

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Fullauto223cal's picture

"Fuck that man, Im a free man and most states have statutes about your right to resist an unlawful arrest."

Yes you are a 'free man' but you are incorrect, throughout most of the United States, there is absolutely no right to resist unlawful arrest; even in the places where the law allows for the possibility of such a right, it is a limited one.

My State clearly says in Tennessee Code 39-16-602. Resisting stop, frisk, halt, arrest or search — Prevention or obstruction of service of legal writ or process (b) Except as provided in § Code Sec. 39-11-611″>39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.

You shouldn't get your legal advice from Facebook friends.

 

If some asshole in a costume wearing a shiny lapel pin comes on my property to arrest me when I've done fuck all, im grabbing my rifle and taking a stand.

 

You do that.  And when his fellow 'cosume wearing' assholes show up you can try it with them to.  And when they finally drive a tactical truck through your front door and fill your house with tear gas before killing your dog and arresting you while you choke and can't open your eyes, you can think about how much of a dumb ass you were.

Who dies will be on that clown coming on my property trying to unlawfully arrest me.

 

It will be you.  You will die. And it will have been a completely pointless death.

 

There are statutes that protect you as well in regard to resisting excessive force, you have a right to resist in the amount that is excessive, meaning if a cop punches you, you cant just shoot his ass, but if a cop fires a round at you, you have a right to blow his head off, if it is an unlawful arrest.

 

Again, you need to stop getting your advice from idiots.  There are a few cases where cops have been shot performing no-knock warrants and the person claimed they thought someone was breaking into their house.  But what you're talking about it strait up retarded.  No cop is just going to haul off and punch you if you're silently complying, especially now with departments requiring body cams be activated when dealing with the public.

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stokkebye's picture

It was one of my defenses my attorney used in my case in North Dakota, that I had a legal right to resist an unlawful arrest. The cop lied about the initail charge, he knew that I was being unlawfully arrested, of which I could and did prove, therefore I had a defense against the resisting arrest charge. I did not get this info from facebook or anywhere else except what the law said. Look it up for yourself if you're so inclined. I will look through my paperwork and see what I still have, I am pretty sure it was in the jury instructions as well.

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stokkebye's picture

Huh, so it appears that law only applies in North Dakota, lol, my bad. Still, I didnt make it up, just figured more then one state would have a law like that. Fuck I hate the Police State. https://www.snopes.com/fact-check/right-to-resist-unlawful-arrest/

"We checked the law on resisting arrest in all 50 states, and found only one — North Dakota — whose statute explicitly states that there is a legal defense against conviction for resisting arrest on the basis that the arrest was “not lawful.” "

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