HOUSTON (FOX 26) - In the state of Texas, the right to carry a rifle or shotgun openly is protected, a fact which makes what apparently happened on a Clear Lake Area street corner the focus of a Houston Police Department Internal Affairs investigation.
In a video posted on YouTube a man carrying a poster and AR-15 rifle is ordered by a police officer to produce identification. When the citizen says he doesn't have any identification on his person the officer proceeds to seize the rifle and place the citizen in handcuffs.
"You are going to jail for failure to ID because you can't tell me who you are, you can't prove who you are. I'm tired of you idiots coming out here," said the officer.
Aware that the incident is being electronically recorded the officer makes what legal experts are calling a major mistake - attempting and failing to erase the video.
"Take the phone off now because we are going to erase it because you're recording everything," says the officer on the video.
"That is completely illegal, completely unlawful and a violation of HPD policy," said Chris Tritico, Fox 26 legal analyst.
David Amad of Open Carry Texas says the HPD officer trampled on rights and deserves to lose his badge.
"The officer is an un convicted felon. He may not ever get convicted, but the fact of the matter is this one particular officer broke the law big time," said Amad who says Open Carry Texas has enjoyed a good relationship with HPD.
Beyond the issue of attempted destruction of potential evidence is the less legally clear cut manner in which police can lawfully respond to Texans who choose to openly carry long guns.
"Someone calls up and says this makes me nervous, they were pointing the gun whatever the complaint was the police than have the right to come to you and investigate that complaint and so at that point they lawfully have the right to say give me that weapon while I talk to you and you have to give it up," said Tritico.
The citizen involved in the incident was released at the scene and has not been charged with an offense. Meantime, a spokesperson for HPD says the department is withholding comment until after the investigation is complete.
http://www.myfoxhouston.com/story/2...-with-open-carry-citizen-sparks-investigation
In a video posted on YouTube a man carrying a poster and AR-15 rifle is ordered by a police officer to produce identification. When the citizen says he doesn't have any identification on his person the officer proceeds to seize the rifle and place the citizen in handcuffs.
"You are going to jail for failure to ID because you can't tell me who you are, you can't prove who you are. I'm tired of you idiots coming out here," said the officer.
Aware that the incident is being electronically recorded the officer makes what legal experts are calling a major mistake - attempting and failing to erase the video.
"Take the phone off now because we are going to erase it because you're recording everything," says the officer on the video.
"That is completely illegal, completely unlawful and a violation of HPD policy," said Chris Tritico, Fox 26 legal analyst.
David Amad of Open Carry Texas says the HPD officer trampled on rights and deserves to lose his badge.
"The officer is an un convicted felon. He may not ever get convicted, but the fact of the matter is this one particular officer broke the law big time," said Amad who says Open Carry Texas has enjoyed a good relationship with HPD.
Beyond the issue of attempted destruction of potential evidence is the less legally clear cut manner in which police can lawfully respond to Texans who choose to openly carry long guns.
"Someone calls up and says this makes me nervous, they were pointing the gun whatever the complaint was the police than have the right to come to you and investigate that complaint and so at that point they lawfully have the right to say give me that weapon while I talk to you and you have to give it up," said Tritico.
The citizen involved in the incident was released at the scene and has not been charged with an offense. Meantime, a spokesperson for HPD says the department is withholding comment until after the investigation is complete.
http://www.myfoxhouston.com/story/2...-with-open-carry-citizen-sparks-investigation
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