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Old 09-17-2011, 07:31 PM
 
20 posts, read 31,049 times
Reputation: 39

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Nice to have all the Judge Judys being so content to live in a police state... Original poster, what your fiance/husband went through is in-excusable. Don't let all these judgmental sheeple tell you different. I, for one, am teaching my children about the constitution and their rights as citizens. Hopefully one day people will wake up and stand their ground and say "It is not acceptable to be groped at airports, it is not acceptable to be frisked with no due process (4th amendment)". In this country we have presumption of innocence. Most people seem to be completely ignorant of it because they have watched on too many episodes of cops. If the cop thought your husband's conduct was suspect, he could have "stayed vigilant and near-by", being preemptive is unconstitutional.

Talk to an attorney, hit them where it hurts, it is time to take our country back, we will not let the "bad people" dictate the way we live, we will not continue to be afraid and let the fear control how we live.

Remember Franklin... "They, who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."
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Old 09-17-2011, 07:56 PM
 
580 posts, read 1,276,937 times
Reputation: 936
Quote:
Originally Posted by majormadmax View Post
Sorry, but if you're gonna start your post with an inaccuracy, there's no reason to read any more.

Maybe you've not been paying attention, but being intoxicated in public is against the law. I've posted the section of the Texas Penal Code that states it is, so it's not just my opinion, it's a fact.

Until such time as people bother to actually research the law and post accurate posts, this thread will continue with pointless comments. It is not a matter of what someone thinks, and since no one--to include the OP--was there when this all occurred, then no one has anything more to add.

I am simply pointing out that there was probable cause to stop him, and to question and search him. It's called a Terry Stop (derived from Terry v. Ohio, 392 U.S. 1 (1968)) and the Supreme Court has ruled that the police may briefly detain a person whom they reasonably suspect is involved in criminal activity. They may also may do a limited search of the suspect’s outer garments for weapons.

Bottom line is that it was a legal stop, and anyone who thinks this is an example of a "police state" has obviously never been in a real one to know the difference.
Read the law again. You have to be intoxicated enough to appear to pose a danger to yourself or others. That's it.
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Old 09-17-2011, 08:45 PM
 
Location: San Antonio, TX
8,400 posts, read 20,123,723 times
Reputation: 4435
Quote:
Originally Posted by JuneOf48 View Post
Read the law again. You have to be intoxicated enough to appear to pose a danger to yourself or others. That's it.
Quote:
Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
Quote:
(2) "Intoxicated" means:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.
So 1) he was intoxicated as he drank several alcoholic beverages within a 90 minute period, and 2) he was in a public place. Whether he was endangering himself or others is an interpretation the police officer at the scene is allowed to make.

By the definition of a Terry Stop, the officer is well within his rights to briefly detain a person if there is any reasonable suspicion of involvement in criminal activity.

And yes, a person walking along the sidewalk in the early morning hours can be considered suspicious if it is not common for one to do so.

So the officer was well within his authority to stop and talk with the individual in question, during which he notices the smell of an alcoholic beverage on his breath. The officer can continue the questioning until such time as he/she determines if the person should be arrested for the offense.

Considering the amount of alcohol consumed over such a short time span, had he been detained and given a blood test. Had he registered a BAC of .08 or higher, as he most likely would have, he would have been charged. The argument could easily be made that anyone who consumed that much alcohol in such a short time period is a risk to himself and/or another.

It's not a tough case to prove once the blood test has been completed. Hell, you can be convicted of it without even having a BAC of .08 or higher.

But don't believe me, read it for yourself...

Texas Public Intoxication Laws Allow Arrests Without Intoxication. Or Even Drinking. | The Agitator

And the Texas law has already been challenged in and upheld by the US Supreme Court...

Quote:
In 1968, in the case of Powell v. Texas, the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that making a crime of public intoxication was neither cruel nor unusual.
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Old 09-17-2011, 09:11 PM
 
502 posts, read 813,810 times
Reputation: 405
Um get over it
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Old 09-17-2011, 09:13 PM
 
3,142 posts, read 5,169,707 times
Reputation: 1748
FWIW, it was reported this evening on both KABB & KENS news that there was a double stabbing overnight at San Pedro & Laurel in front of a bar. Motive is unknown, and there are no suspects at this time. I'd post a link, but neither station appears to have it on their websites at this moment.

Isn't that not too far from where the OP's fiance was stopped & questioned?
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Old 09-17-2011, 10:18 PM
 
1,316 posts, read 3,016,073 times
Reputation: 937
Assuming that the story is completely true from the OP's fiance....

I guess the SAPD has nothing better to do than stop people walking on a sidewalk. Gee, thanks SAPD, you're really putting our taxpayer money to good use by stopping those "suspicious" persons walking on a sidewalk!

Maybe the SAPD can "set up shop" outside ANY Fiesta event downtown in April next year and start "detaining" and "arresting" scores and hundreds of Fiesta goers (including tourists) for walking "legally intoxicated" on a sidewalk right after said Fiesta event. Yeah, uh, THAT'S smart.

If I am ever being stopped by SAPD, you can better believe I'll pull out my HTC EVO phone (and act like I'm just going to send a quick text) and turn on the "camcorder" mode and discretely record the conversation in my pocket unbeknownst to the officer.

I'll have proof and it definitely won't be he said/I said. I encourage others to do the same.
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Old 09-17-2011, 10:19 PM
Status: "just keep scrolling then?" (set 22 days ago)
 
14,616 posts, read 31,162,010 times
Reputation: 6661
Better hope he doesn't think you're pulling out your glock. bye bye xsa210tx
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Old 09-17-2011, 10:20 PM
 
7,002 posts, read 10,251,872 times
Reputation: 5395
SAPD will even stop people in security officer uniforms on the property of where they work! I was in uniform getting stuff out of my trunk in the parking lot of a city owned homeless shelter where I worked and the cops came up to me asking what I was doing. They didn't leave until I was finished getting the stuff out of my trunk. How strange is it that a security officer is on the property of a homeless shelter? I'm the person who makes their job easier. These are the same people who take an hour and a half to respond to emergency calls and then just laugh when one of the tenants threaten to kill someone.
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Old 09-17-2011, 10:23 PM
 
1,316 posts, read 3,016,073 times
Reputation: 937
Quote:
Originally Posted by sapphire View Post
Better hope he doesn't think you're pulling out your glock. bye bye xsa210tx
I'm fast with my phone. No worries here. Casual and unpanicked is the demeanor that is necessary to have, and fortunately SAPD officers aren't as trigger-happy as other officers as in other states, which will go unamed.
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Old 09-18-2011, 09:04 AM
 
Location: San Antonio, TX
8,400 posts, read 20,123,723 times
Reputation: 4435
Quote:
Originally Posted by xsa210tx View Post
If I am ever being stopped by SAPD, you can better believe I'll pull out my HTC EVO phone (and act like I'm just going to send a quick text) and turn on the "camcorder" mode and discretely record the conversation in my pocket unbeknownst to the officer.

I'll have proof and it definitely won't be he said/I said. I encourage others to do the same.
Generally, courts have held that photography of any sort is protected by the First Amendment unless there is a specific and/or official prohibition against it.

But in Texas filming the police during a stop could result in a person being charged with "Interference with Public Duties" (Texas Penal Code §38.15) if it in any way inhibits the officer from performing a duty or exercising authority imposed or granted by law. Failure to abide by the instructions of a peace officer can also result in that charge. It is a Class B misdemeanor.

Oddly enough, that same section of the Penal Code is what makes it legal (it is a stated defense to prosecution) to flash your headlights to warn other motorists of a police presence further up the road.
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