Houston Open Carry Incident With A Twist

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Dave70968

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I'm pretty sure that destroying (or attempting to destroy) evidence is a criminal offense. He shouldn't be fired, he should be prosecuted.

Yeah, well, with the cozy relationship the police generally share with prosecutors, you can expect that to happen about the thirty-ninth of never.

Hopefully, though, the victim will sue the cop's balls off.
 

DeeJay

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It's blatantly obvious that the officers are familiar with the guy and aren't concerned. They walked right up to him with no problem, belying any concern for their safety due to him carrying a shouldered long gun. The rest of the contact further reinforces the obvious. This was a "roust" of an uppity open carry advocate, in violation of TX state law. Since the law was violated, the feeble attempts to tamper with evidence should be a prosecutable offense against the officer.

Don't get me wrong here, I am not defending the officer, he was wrong on so many levels. My point was the specific comment about taking a "sound bite" from the article and making it seem that any officer can take your firearm any time when they talk to you. Not true. The omitted portion states that can happen only with a reason such as a complaint.
Similar in ways to our cc laws. An officer cannot walk up to you for no reason and ask if you are carrying. But, if an officer stops you on the road for a traffic violation, you are required by law to inform them. I don't have a problem with that either because then all involved feel a little more comfortable.
 

twoguns?

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Dont get me wrong , just because someone said someone did something and the police should intervene.
Anybody can say anything, or not say anything, the whole thing could be made up, wheres the proof.
It was omitted on purpose, didnt serve my point...someone said???
The victim doesnt know whats happening...give me your gun...its legal to carry like this , in this state.
Oh your "Failing to Identify"...now your under arrest??

skip forward...oops , lets delete that take , your free to go...? some BS goin on up in hear... 8)
 
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Open Carry of long guns is legal in Texas without a license.


"Long gun, and black powder weapon (including handgun) open carry is not forbidden by law, unless it is done in a manner calculated to cause alarm."




Then again, I may have misinterpreted your post, and you were probably saying the officers were in violation of state law. If that's the case, carry on! Lol

Exactly!
 

turkeyrun

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"Someone said" is usually why LEO shows up. Was a call / complaint made?
No, officer stopped to harass citizen, officer should be fired, prosecuted, and sued.
Yes, state law you must identify. He failed to ID, so surrender firearm, being detained.

Officer attempts to destroy record/evidence. Prosecute, make sure he becomes convicted felon, can not own a firearm legally, ever again.
 

SMS

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So has anyone found a statute that makes "failure to ID", in a situation like this, a crime in Texas?

I like cops. I appreciate what they do, but given this small piece of evidence I'd say this cop is a grade A ******* who needs to be unemployed.

Edit, Just found it: I didn't see any of this take place…the cop only asked for his ID. Texas law doesn't seem to require the presentation of actual ID, just that the individual identify themselves with details during the course of arrest or detainment.

Texas Code 38.02 (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
- See more at: http://codes.lp.findlaw.com/txstatutes/PE/8/38/38.02#sthash.yEo9chSd.dpuf
 

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