More Police Civil Rights Violations In Brady Texas

Posted in the Brady Forum

RabidBear

Mason, TX

#2 Dec 27, 2009
Let us take this a step further, and see what the Supreme Court of The United States have to say about Officers violating our Rights.
"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated:“Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
RabidBear

Mason, TX

#3 Dec 27, 2009
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.”(State v. Robinson, 145 ME. 77, 72 ATL. 260).
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.”(State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.”(Adams v. State, 121 Ga. 16, 48 S.E. 910).
“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded,‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’”(From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.
As for grounds for arrest:“The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.”(Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)
RabidBear

Mason, TX

#4 Dec 27, 2009
"Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated:“Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
ARM287

Brady, TX

#6 Jan 4, 2010
Gee...2 guesses as to who this is...WOW...you are trying every outlet to spread you filth all over. Good luck with all of that.... You wont get your stuff back for awhile...its called an investigation...just in case you have never heard of it.
RabidBear

Mason, TX

#7 Jan 15, 2010
ARM287 wrote:
Gee...2 guesses as to who this is...WOW...you are trying every outlet to spread you filth all over. Good luck with all of that.... You wont get your stuff back for awhile...its called an investigation...just in case you have never heard of it.
Just keep those Supreme Court cases, and their rulings in mind. It is obvious you have never reviewed H.B. 1815 either. And by the way, its not "you filth", but "youre filth". But I understand. The Departments are hiring Cops with low IQs. http://forums.officer.com/forums/archive/inde...

There is no need for any investigation, he did nothing wrong. We understand that you are disarming people. That is going to change soon. Also read the Dick Act of 1902. And maybe the 4th and 5th Amendments. Where was your Warrent? What does the rest of his property have to do with the subject at hand?

Thiefs. Thugs. Felons, you are.
RabidBear

Mason, TX

#8 Jan 15, 2010
Oh, and one more thing you little presumptuous smart ass. My name is Robert Hamlin, 1st SFOD-D -(Retired).

ARM287

Brady, TX

#9 Jan 16, 2010
For starters who cares who you are...military or not...So am I... From what i know the subject was topped on a routine traffic stop, had a few items that were against the law to be carrying (in plain sight) and the officer asked what they were...the subject refused to answer any questions about said weapons. So that is probable cause to search the vehicle.
BradyPoliceViola tions

Mason, TX

#10 Jan 16, 2010
ARM287 wrote:
For starters who cares who you are...military or not...So am I... From what i know the subject was topped on a routine traffic stop, had a few items that were against the law to be carrying (in plain sight) and the officer asked what they were...the subject refused to answer any questions about said weapons. So that is probable cause to search the vehicle.
Not answering an Officer is not probable cause. The 5th Amendment is still in effect in this Country. And having weapons in your car; including said knife, is not against the law either. H.B. 1815 makes that clear. There is no stipulation in H.B. 1815 as to where weapons can be, only that they are allowed. If the Cop had to ask, then the Cop didnt know. The only reason I stated my name, is because you stated "2 guesses who this is". Probable cause under the 4th Amendment has to be affirmed by affidavit, and requires a Warrant.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
ARM287

Brady, TX

#11 Jan 16, 2010
OK point taken...The officer was questioning a particular weapon :which was out in the open: that was illegal to be posessed in a vehicle. That was all that was needed in order to have probable cause to search.
RabidBear

Mason, TX

#12 Jan 16, 2010
ARM287 wrote:
OK point taken...The officer was questioning a particular weapon :which was out in the open: that was illegal to be posessed in a vehicle. That was all that was needed in order to have probable cause to search.
But that is just it ARM. It is not illegal. And this is why so many People are mad about this particular case. You can check the Bill here. http://www.capitol.state.tx.us/BillLookup/His...

But let me go through it for you so that you understand.

(a) A person commits an offense if the person [he]
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.

So a illegal knife, or club is illegal if the Person "IS NOT" on their own premises, or the premises under the control of the person, or inside of or directly en rout to a motor vehicle that is owned by the person or under the persons control.

So again, according to Texas Law, Eric had every right to carry such knife in HIS motor vehicle. Period. That is the Law. The Law Enforcement of Brady choose to disregard this law and enforce their own idea of Texas Law.
RabidBear

Mason, TX

#13 Jan 29, 2010
I just got word that ALL charges have been dropped against him, and ALL of his Property has been returned to him.
Sandra

Brady, TX

#14 Feb 4, 2010
Glad to see I'm not the only one who would very much like to have officers define "Probable Cause" while hooked up to a lie detector. Our officers take probable cause to mean anything required to satisfy curiosity, without respect for private property laws or civil rights, and they get away with it. I personally suggest that each officer be required to read and understand the Constitution of the United States of America on a monthly basis (yes, there should be tests). Let's take it one step further and require that they understand a badge does NOT place you above the law, and the lack of a badge does NOT place you beneath the law.
lucy

United States

#15 Mar 20, 2010
i have so much distrust in the brady police dept.over the years they have been bottom of the line cops and their behavior proves it.
curious

Blythewood, SC

#16 Apr 28, 2010
lucy wrote:
i have so much distrust in the brady police dept.over the years they have been bottom of the line cops and their behavior proves it.
officer enix walked out on his sons he was a no good cop i think no heart at all started a new family sorry excuse for a dad i think he got fired 4 yrs ago i wonder why does anyone know him
Jerry

Houston, TX

#17 May 3, 2010
I have seen any officer that were worth anything leave that department. I dont mean those who had to leave or they'd get run off but the good honest men and women who tried to make things better and right and in turn they were attacked by the power hungry people who want to rule the city and county like it's their own little kingdom.Corruption is a problem with those who have power and then try to rule everyone. Brady lost the best they ever had when they ran off officer Sides.
Wounded

AOL

#18 Nov 26, 2010
Have any of you ever been molested by the eye ball of Officer Lonnie Johnson of Bowie county Tx.

He is one trash SOB!
He was reprimanded for it.
The Bastard says he can't remember if he took it out.
Yet he admit's he's known to take it out on the job.

I was convicted of a crime I did not commit.
I fought a two day misdemeanor trial.

Lost because the DA I went to school with is a corrupt bastard also.
Along with the judge.
I have already put one judge out of office and the local county officials don't like me.

Nor do the cops.
They seem to continue to get fired and reprimanded or sent to prison.
Just the facts mam!
brady girl

Blythewood, SC

#19 Nov 30, 2010
brady cops on drugs lazy donut eating fat cats dishonest crooks
Mscarefree

San Marcos, TX

#20 Jan 28, 2012
brady girl wrote:
brady cops on drugs lazy donut eating fat cats dishonest crooks
lol....
Mscarefree

San Marcos, TX

#21 Jan 28, 2012
We, have a family friend who is serving time behind, drug fiend affidavits, and supposedly police corruption. Yes his name is Manuel Muniz and he was never caught with anything illegal. But he is in a federal prison.The book says bring no false witness on you're neighbors.As you judge i will judge you.

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