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Melee at Lumberton Waffle House

BMTSoulja1

By BMTSoulja1
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tvc184

tvc184

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Posted

According to the article, they were arrested later for public intoxication after they were identified.

Just pondering the law… how do you justify arresting someone for public intoxication later when you cannot prove how intoxicated they (if at all) were during the fight?

They might just plead guilty but I would take the case to court and say prove I was publicly intoxicated. I can almost guarantee it even if convicted and City Court, the county DA will drop the case as not winnable. 

Why not just arrest them for fighting?

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tvc184

tvc184

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4 minutes ago, LumRaiderFan said:

Touché…I stand corrected. 🙂

I used to get that while on night patrol back in the mid 80s and the again when I commanded the gang unit in the early 2000s. 

Double hashbrowns with grilled jalapeños and onions, and covered with country gravy. At our half-price it was about $1.10.

I had been on the swat team for about 10 years up until the early 2000s. I was around 180 pounds and would practice by jogging 3 times a week as much as 5 miles a night. After I join the gang unit I gained about 20 pounds in about five months.… literally.  😀

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BOBKAT'88

BOBKAT'88

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11 hours ago, tvc184 said:

According to the article, they were arrested later for public intoxication after they were identified.

Just pondering the law… how do you justify arresting someone for public intoxication later when you cannot prove how intoxicated they (if at all) were during the fight?

They might just plead guilty but I would take the case to court and say prove I was publicly intoxicated. I can almost guarantee it even if convicted and City Court, the county DA will drop the case as not winnable. 

Why not just arrest them for fighting?

Luckily it happened in Hardin County instead of Jefferson County.  Jefferson County Jail wont take Class C arrest at the moment due to COVID and overcrowding.  Been that way for at least a month or so with no end in sight.  Cut a report for disorderly conduct and cut them loose.  Issue warrants and arrest at a later time when the jail decides to lift the restrictions 

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LumRaiderFan

LumRaiderFan

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2 hours ago, SmashMouth said:

Ok. Try this one on for size. Double hashbrowns with onions, jalapeños, cheese & covered with chili and topped of with 2 eggs over medium. Sounds disgusting, but at 2:15 am it’s delicious. Add a side of pork chops of course. Extra seasoning on the chops. 

Nothing good would be happening about 7:00 after that meal.

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tvc184

tvc184

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1 hour ago, BOBKAT'88 said:

Luckily it happened in Hardin County instead of Jefferson County.  Jefferson County Jail wont take Class C arrest at the moment due to COVID and overcrowding.  Been that way for at least a month or so with no end in sight.  Cut a report for disorderly conduct and cut them loose.  Issue warrants and arrest at a later time when the jail decides to lift the restrictions 

I agree with DOC but PI? 

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TxHoops

TxHoops

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7 hours ago, BOBKAT'88 said:

Luckily it happened in Hardin County instead of Jefferson County.  Jefferson County Jail wont take Class C arrest at the moment due to COVID and overcrowding.  Been that way for at least a month or so with no end in sight.  Cut a report for disorderly conduct and cut them loose.  Issue warrants and arrest at a later time when the jail decides to lift the restrictions 

I thought the legislature effectively ended arrests for Class C’s in their session this year?   Could be wrong but I thought that’s what I heard in a recent legislative update. 

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tvc184

tvc184

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7 minutes ago, TxHoops said:

I thought the legislature effectively ended arrests for Class C’s in their session this year?   Could be wrong but I thought that’s what I heard in a recent legislative update. 

Like seriously ended C arrests?

Such a bill (along with other standards) are proposed every session, usually by the same person(s). I have followed each session for the last 20 years or so and I see the same thing coming up again and again. Usually it is to restrict police authority.

Typically these bills are submitted to a committee and never go any farther including not even getting a hearing. I think when some politicians run for office they do so by making statements such as, I will submit a bill that blah blah blah…. and they do.

But I have seen bills come up that would prohibit C arrest as long as the person signs the citation. None have seen the light of day. 

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TxHoops

TxHoops

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4 minutes ago, tvc184 said:

Like seriously ended C arrests?

Such a bill (along with other standards) are proposed every session, usually by the same person(s). I have followed each session for the last 20 years or so and I see the same thing coming up again and again. Usually it is to restrict police authority.

Typically these bills are submitted to a committee and never go any farther including not even getting a hearing. I think when some politicians run for office they do so by making statements such as, I will submit a bill that blah blah blah…. and they do.

But I have seen bills come up that would prohibit C arrest as long as the person signs the citation. None have seen the light of day. 

I was almost certain that’s what was said at a luncheon last week.  It was off a legislative update packet the tdcaa does.   Could have misheard though.  

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TxHoops

TxHoops

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12 minutes ago, tvc184 said:

Like seriously ended C arrests?

Such a bill (along with other standards) are proposed every session, usually by the same person(s). I have followed each session for the last 20 years or so and I see the same thing coming up again and again. Usually it is to restrict police authority.

Typically these bills are submitted to a committee and never go any farther including not even getting a hearing. I think when some politicians run for office they do so by making statements such as, I will submit a bill that blah blah blah…. and they do.

But I have seen bills come up that would prohibit C arrest as long as the person signs the citation. None have seen the light of day. 

This is the hidden content, please

 

HB 830.  Was one of the George Floyd Reform Act prongs that passed in Texas (like 3 out of 7 I think passed in Texas). 

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tvc184

tvc184

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11 minutes ago, TxHoops said:

I was almost certain that’s what was said at a luncheon last week.  It was off a legislative update packet the tdcaa does.   Could have misheard though.  

Last big push that I remember was from the 2019 legislative session. I believe there was an amendment to add to the Sandra bland act to limit C arrests. That actually made it to a floor vote but was soundly defeated. 

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tvc184

tvc184

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3 minutes ago, tvc184 said:

As of now the Texas police can arrest for anything except speeding, open alcohol container in a vehicle and texting, if the person agrees to sign the citation.

On a sidenote, when I teach at the Police Academy I used those three offenses as an example of lex specialis derogat legi generali. 

I think in Latin it basically means the specific over the general.

It is an important lesson for police officers because in the Code of Criminal Procedure in 14.01(b) it says that a police officer can arrest for any offense in his presence or view. It appears from that section that if the police think they see a crime, they can arrest.

But, hold on a minute. In the Transportation Code it lists those 3 crimes as not being able to arrest. This clearly is in conflict with CCP 14.01(b). That is where lex specialis comes in.

 

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