ex cop texas attorney what to do when stopped by police

If you believe your Constitutional rights were violated or a police officer is guilty of misconduct, contact a criminal defense attorney. Arguing with a police officer or resisting arrest can give an officer probable cause for the arrest. Police are permitted to pat you down to ensure that you are not carrying a dangerous weapon.

Full Answer

What to do if a police officer harasses you?

Jul 23, 2015 · Criminal defense lawyer and former cop, Curtis Fortinberry, says use common sense when you are pulled over for a traffic violation. A Texas Department of Public Safety dash camera video of Sandra Bland's traffic stop and subsequent arrest has raised doubts over whether DPS Trooper Brian Encinia was in the right. The video has also […]

What can a cop legally do that is illegal?

Apr 08, 2022 · Updated: 2:09 PM CDT April 8, 2022. DALLAS — A former Dallas police officer was sentenced to 30 months in federal prison for lying to federal agents about …

How do I prove a police officer violated my constitutional rights?

Dec 16, 2020 · The ex-cop was hired as a private investigator by a group whose CEO is GOP activist Steven Hotze. Former Houston Police captain Mark Aguirre was arrested after allegedly running a man off the road ...

How do I prove a police officer’s excessive force charge?

Oct 28, 2020 · You should contact an attorney for advice about any specific legal matter. 1. Familiarize yourself with your constitutional rights. The First, Fourth, and Fifth Amendments are most relevant in ...

Why was a former Houston police captain arrested?

HOUSTON — A former Houston police captain was arrested after allegedly running a man off the road and threatening him at gunpoint — what prosecutors say was part of an elaborate attempt to find evidence for a false conspiracy theory of widespread voter fraud in Harris County.

Who was upset that the police would not intervene based on his uncorroborated accusations?

Days later, he got another call from Aguirre, who was upset that police would not intervene based on his uncorroborated accusations, according to the affidavit, which referred to a phone call and email from Rubio reporting the call to authorities.

Why was Mark Aguirre arrested?

Former Houston Police captain Mark Aguirre was arrested after allegedly running a man off the road and threatening him at gunpoint in what prosecutors say was an attempt to prove a voter fraud conspiracy theory. Credit:

What is the charge against Aguirre?

Aguirre was arrested by Houston police Tuesday and charged with aggravated assault with a deadly weapon, a second-degree felony punishable by up to 20 years in prison.

Who is the attorney for Hotze?

Jared Woodfill, a spokesperson and attorney for Hotze, confirmed that the Liberty Center hired a company led by Aguirre to investigate voter fraud ahead of the 2020 election. The company contracted approximately 20 private investigators to work on claims of fraudulent ballots in Harris County and other places in Texas.

Who stole the technician's truck?

One of the other people Aguirre was with allegedly stole the technician’s vehicle after searching it; police later found the abandoned truck a few blocks away. A few days before Aguirre allegedly assaulted the man, he called Lt. Wayne Rubio with the Texas attorney general’s office, requesting help with the investigation.

Who hired Mark Aguirre?

The ex-cop was hired as a private investigator by a group whose CEO is GOP activist Steven Hotze.

What to do if you don't consent to a police search?

If you don't consent to a search but a police officer does it anyway, Hollie says: don't resist. That could lead to charges against you. "Save it for court. Save it for your advocate to argue that what the officers did was unlawful and unconstitutional."

What happens if you are stopped?

If you are stopped, stay calm and don't volunteer too much information — you don't want to accidentally incriminate yourself. Under the Fifth Amendment, you have the right to remain silent. In the heat of the moment, it can be hard to distinguish what information can help and what will harm us.

What is the conversation phase with the police called?

There are different levels to an interaction with the police: conversation, detention and arrest. (A) The conversation phase is also called a " consensual encounter .". In this phase, the officer doesn't necessarily suspect (or have evidence) that a crime has occurred.

Which amendment protects you from unreasonable searches and seizures?

The Fourth Amendment protects you from unreasonable search and seizure. And the Fifth Amendment gives you the right to remain silent. In theory, U.S. citizens and non-citizens alike are protected by these rights — though the ways in which non-citizens can exercise them are limited in practice. 2.

Which amendment gives you the right to protest peacefully?

The First Amendment grants you the freedom of speech and the right to protest peacefully. It also allows you to record interactions with the police, "as long as they are not directly interfering with what the police are trying to do," says Hollie.

Does Kentucky have a stop and identify law?

There, if law enforcement stops you on the road, you are required to show identification upon request. But in Kentucky, among other places, no such law exists. Many organizations have state-specific " know your rights " materials.

Can an officer ask to search you while you are detained?

An officer may ask to search you while you are detained. If that search leads to incriminating evidence, you may be arrested. (C) If an officer finds probable cause, you can be arrest ed. The line between detention and arrest can be hard to distinguish.

What is it called when a police officer pulls over someone?

Instead, let’s consider “traffic stops” in Texas and what the state law is right now for a police officer pulling over someone here in Dallas or Fort Worth or anywhere in Texas. (In legal jargon, when the officer pulls a vehicle over, it’s called a “traffic stop.”)

What law was vetoed in Texas?

The Texas Legislation That Got Vetoed. Not too long after that U.S. Supreme Court decision, there was a bill that made it through the Texas Legislature and onto the Governor’s desk that would make it illegal in Texas to arrest someone for anything like a Class C Misdemeanor. Then-governor Rick Perry vetoed it.

What is the Texas Penal Code for Class B?

Texas Law gives that officer the right under the Texas Penal Code to arrest you for a Class B Misdemeanor for what he believes is an act that “interrupts, disrupts, impedes, or otherwise interferes” with his duties. Texas Penal Code 38.15.

Is it legal to be pulled over by a police officer in Texas?

For more on that, “When The Police Stop You: the Law and Your Need for a Zealous Defense Lawyer.”. 2. Texas Law and Texas Traffic Stops. Right now, in Texas, it’s legal for a police officer ...

Is it legal to handcuff someone in Texas?

Texas Law and Texas Traffic Stops. Right now, in Texas, it’s legal for a police officer to arrest someone over a traffic stop. You do almost anything, and I mean ANYTHING, and the police officer has the law behind him or her to arrest you and handcuff you and take you to jail. This was upheld after a long, protracted legal fight by Austin soccer ...

What happens if a police officer arrests a person without cause?

If a police officer arrests a person without cause, any evidence obtained pursuant to the wrongful arrest is inadmissible in court. The exclusionary rule prohibits prosecutors from using evidence obtained during an unlawful or false arrest against a defendant in court. Without that evidence, there may not be a valid case against the person.

What happens if a police officer is hit and run?

If a police officer is guilty of domestic violence, hit and run, or any other crime, a judge can sentence the officer to the same punishments as you face.

Why are police officers arrested?

Arrests are made when a person is suspected of committing a crime. However, some officers misuse arrests for various reasons. A police officer in Providence, KY, was found guilty in 2018 for wrongful arrest. The person arrested had attempted to file several complaints against the police officer.

What rights does false arrest violate?

Because the officer did not have probable cause to believe a crime had been committed, the officer violated the person’s Fourth Amendment rights. However, false arrests can also violate a person’s Fourteenth ...

What can a criminal defense attorney do?

A criminal defense attorney can help you determine if the cops did anything illegal. Your attorney also assists you in formulating a defense strategy that may result in a dismissal of charges and compensation for damages if the police officer is guilty of misconduct or wrongdoing. Related Posts.

What to do if you believe your constitutional rights were violated?

If you believe your Constitutional rights were violated or a police officer is guilty of misconduct, contact a criminal defense attorney. Arguing with a police officer or resisting arrest can give an officer probable cause for the arrest. Police are permitted to pat you down to ensure that you are not carrying a dangerous weapon.

What are some examples of police misconduct?

Police misconduct includes a wide variety of actions that law enforcement officers may use during an investigation, encounters with citizens, or arrest. Surveillance abuse, planting evidence, racial profiling, excessive force, corruption, false imprisonment, and assault are just a few more examples of illegal acts committed by police officers.

What to do if a police officer harasses you?

If a police officer is still harassing you even after you have lodged a complaint, here’s what you should do: Wait patiently for the next time he harasses you, and try to make some convincing evidence against him. You can always have someone with you whenever you anticipate such misconduct so that the person can be a witness. You can also have a small recording device in your pocket to capture the officer’s words.

How to prove police harrassment?

These are ways you can put up a water-tight case against the police. 3. Put the incident down on paper.

Why do police need to produce copies of evidence?

That is, you should produce many copies of your evidences. This is necessary because the police are notorious for destroying evidences kept against them. Also, document the details of the harassment scenario, such as the date, time, and venue. 8.

What is police harassment?

Police harassment or misconduct can lead to a miscarriage of justice and sometimes involves discrimination and or illegal motives of discrimination combined as obstruction of justice. Police harassment can take a variety of forms and can involve diverse victims.

What is police misconduct?

Police misconduct, which includes harassment and abuse of civilians, refers to any inappropriate action taken by police officers in connection with their duties.

How to report harassment to police?

File a complaint to at the nearest police department . Visit your nearest police department to report any cases of harassment by an officer. You call also dial 911 ( or the emergency number for your state or country) if you think it’s a matter of emergency.

What happens if you don't know your rights as a civilian?

If you don’t understand your rights as a civilian, you will be forced to believe that many wrongdoings by the police are right. And in that case, you won’t even know that you are being victimized. You can visit the nearest police department or contact a well-known police officer to make enquiry about citizen’s rights. Most officers are happy to let you know your rights as a civilian.