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  1. #21
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Well... Your lights don't have to be burnt out... I never saw any news reports where he said they were burnt out.

    The plate can just be dirty, and if any letter, number, or half of the state is obscured, that's probable cause for a stop (actually all you need for a stop is Reasonable Suspicion - Probable Cause is only necessary to write the ticket). So all he needs is a Reasonable Suspicion that the tags were dirty to the point of making them harder than normal to read under those lighting conditions.

    Just because the DA didn't persue the charge doesn't mean PC didn't exist - It may just mean that he thought it was way too much trouble for him to prove PC - and as far as he's concerned, if he can't prove it then it doesn't exist. After all, I assume no one actually took a photo of the tag under actual lighting conditions that existed at the time - and if you look at the law below, it says any time.

    Sec. 502.409.WRONG, FICTITIOUS, ALTERED, OR OBSCURED LICENSE PLATE.
    ...
    (a)A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that:
    ...
    (5) has blurring [could be a thin layer of dirt] or reflective matter that significantly impairs the readability of the name of the state in which the vehicle is registered or the letters or numbers of the license plate number at any time;

    (6) has an attached illuminated device or sticker, decal, emblem, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers of the license plate number or the name of the state in which the vehicle is registered; or

    (7) has a coating [again, could be a thin layer of dirt], covering, protective material, or other apparatus that:

    (A) distorts angular visibility or detectability;

    (B) alters or obscures one-half or more of the name of the state in which the vehicle is registered; or

    (C) alters or obscures the letters or numbers of the license plate number or the color of the plate.
    ...

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  2. #22
    pgg's Avatar
    pgg
    pgg is offline Damnit, I'm hungry again.
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    Around here, any part of marijuana would have gotten you in trouble.
    'Political Correctness is a doctrine fostered by a
    delusional, illogical liberal minority, and rabidly
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  3. #23
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Quote Originally Posted by pgg View Post
    Around here, any part of marijuana would have gotten you in trouble.
    Here it's a "usable quantity... 2 ounces or less", which is a bit subjective, but 2 ounces or less is a Class B misdemeanor.

    A Class B misdemeanor is a life-altering conviction in many lines of work - Why would an HR department hire a person convicted of a Class B when they could easily find someone just as qualified who doesn't have that baggage?.

    So definitely the officer was cutting him a break writing him a ticket for paraphernalia if he had much more than a stem - Which it might have been if they vacuumed the car end-to-end.

    I hope he can sleep at night thinking about what COULD happen if he ever leaves a few pinches in the car - This should be a wake-up call to him, but he's not gonna heed it because it's all the cop's fault.

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  4. #24
    m.roma is offline Rookie
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    Quote Originally Posted by TXCharlie View Post
    The plate can just be dirty, and if any letter, number, or half of the state is obscured, that's probable cause for a stop (actually all you need for a stop is Reasonable Suspicion - Probable Cause is only necessary to write the ticket). So all he needs is a Reasonable Suspicion that the tags were dirty to the point of making them harder than normal to read under those lighting conditions.
    Fair enough for this matter, by law he pulled me over in a legal matter. Everyone still seems to be avoiding the bigger issue at hand. My previous statement;
    Quote Originally Posted by m.roma View Post
    According to my attorneys, the prosecutor, and the judge; in Texas if it is not a consumable amount of marijuana it is not illegal. A stem, by law, is not a consumable amount. However, if the stem were in a bag or a container, it is then defined as paraphernalia. So by him admitting I had nothing illegal in the car, and then telling the narcotics officer to place it in a box to make it paraphernalia, he manufactured evidence and violated my civil rights when he arrested me. Say I had a little nugget of it that would be different, because at that point it IS a consumable amount of marijuana
    As well as the officers remarks;
    "Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything."
    And
    "Take it and put it all in that box," Draut said. "I'm going to hook him up for paraphernalia."
    No one seems to want to comment on his actions that are getting him placed under review.

  5. #25
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    No one seems to want to comment on his actions that are getting him placed under review.
    It would seem that YOU do not wish to admit that if YOU were not a pot head and a violator we would not be having this conversation in the first place. But nice try to have other officers attempt to help your case. Now it sounds like you are just fishing. Sorry not biting.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

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  6. #26
    m.roma is offline Rookie
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    Quote Originally Posted by lewisipso View Post
    It would seem that YOU do not wish to admit that if YOU were not a pot head and a violator we would not be having this conversation in the first place. But nice try to have other officers attempt to help your case. Now it sounds like you are just fishing. Sorry not biting.
    I won't say that I am a pothead, I do smoke weed at times. Potheads tend to take things as they as, drop out of school, multiple arrests, etc. etc.

    I, on the other hand, am currently enrolled in a MBA program at the University of Calgary, in Canada. This was my first arrest/citation, it was dismissed/enpunged, and I graduated with honors.

    As for the case, my attorneys are handling that one back in Texas, I moved internationally for college. None of this is going towards my case whatsoever, I am simply looking for another police officer's opinion and outlook on how my arresting officer acted.

  7. #27
    lewisipso's Avatar
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    Thing is the I did not have a burnt out license plate light, I know it’s illegal,
    Ah missed that I did.

    it was found and was one of the reasons the case was dismissed.
    Again a scared prosecutor? A liberal judge? If the video didn't show the plate in the condition the officer claimed it to be in we should just believe you correct? I dont' believe so young man. There was a time when police work was done in an honest satisfactory manner when video cameras did not exist. I'll go with the law TXcharlie posted on this.
    Again if you were not a violator we would not be having this conversation in the first place. You are still fishing and I am still not biting. You are not satisfied with the result of your criminal case or simply waiting for your civil case you still feel the need to come here and attempt, rather badly I might add, to vindicate yourself on a pro law enforcement forum. I'm sure a quick Google search will produce any number of "make pot legal" forums. Try beating your drum there. Ahh..but you wouldn't find what you are looking for there would you?
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

    We are who we choose to be.

    R.I.P. Arielle. 08/20/2010-09/16/2012


  8. #28
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    I won't say that I am a pothead,
    +
    I do smoke weed at times
    =
    multiple arrests
    Still not getting it are you? Stop smoking illegal substances and you won't have court cases.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

    We are who we choose to be.

    R.I.P. Arielle. 08/20/2010-09/16/2012


  9. #29
    m.roma is offline Rookie
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    Quote Originally Posted by lewisipso View Post
    Again a scared prosecutor? A liberal judge? If the video didn't show the plate in the condition the officer claimed it to be in we should just believe you correct? I dont' believe so young man. There was a time when police work was done in an honest satisfactory manner when video cameras did not exist. I'll go with the law TXcharlie posted on this.
    Again if you were not a violator we would not be having this conversation in the first place. You are still fishing and I am still not biting. You are not satisfied with the result of your criminal case or simply waiting for your civil case you still feel the need to come here and attempt, rather badly I might add, to vindicate yourself on a pro law enforcement forum. I'm sure a quick Google search will produce any number of "make pot legal" forums. Try beating your drum there. Ahh..but you wouldn't find what you are looking for there would you?
    Let's completely drop the subject of the license plate for a minute if we could. That is such a minor detail in this story. As important as if I put salt or if I put pepper on my eggs this morning. The bigger item at hand is the manufacturing evidence to illegally arrest me.
    Please tell me this, at any point, ever, from when I joined this forum have I ever mentioned that I think marijuana should be legal? I’ll answer that for you; No I have not. I have come here to seek other professionals in the same fields’ opinion on a pretty serious topic. This man’s job/badge are at stake here due to his actions. Once, again you are overlooking the 2 biggest quotes from my case:
    “Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything."
    "Take it and put it all in that box," Draut said. "I'm going to hook him up for paraphernalia."

    All I am seeking at this point are some intelligent responses to the aforementioned quotes. I understand you think I am fishing and getting no bites for my civil case, but answer this Lewisipso, Why would I come to a forum to see legal advice when I have 2 very well paid and educated attorneys who obviously know what they are doing. Considering the fact that I won my first case with complete ease.

  10. #30
    ex401mp's Avatar
    ex401mp is offline Was betrachten Sie?
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    Man, you are on a serious fishing trip. You had a "stem", which basically means you got lucky and had already smoked your weed. If you was smoking out in your house, then decided to drive, you would be considered impaired and subject to the DUI laws. I guess you was lucky that there was no trained DRE available to to do the evaluation. Spraying cologne on yourself just as a police officer was walking up to your car is not something that you would consider normally done by any reasonable and prudent person. That is unless of course you was maybe attempting to impress the officer with your axe or whatever you sprayed.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American G.I.
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  11. #31
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Quote Originally Posted by m.roma View Post
    I, on the other hand, am currently enrolled in a MBA program at the University of Calgary, in Canada... As for the case, my attorneys are handling that one back in Texas, I moved internationally for college.
    Did the DA know you were moving to Canada, or had you already moved? Maybe that's why he didn't bother prosecuting the case - Duhhh, he's not going to extradite over a ticket.

    What did the Texas Rangers say about your case? - I seriously doubt the Rangers are going to give anyone a slide - They are known statewide for going after local departments.

    Or are you relying strictly on the word of lawyers who no doubt stand to make money from a law suit (either from you, your parents, and/or the city), or from an out-of-court settlement if they can bluff their way into the city's pockets?

    Quote Originally Posted by m.roma View Post
    “Why would he tell me, 'No?'" Draut said. "I don't get this. He really didn't have anything."
    "Take it and put it all in that box," Draut said. "I'm going to hook him up for paraphernalia."
    Why would WFAA say that you admitted that there were MJ seeds in the back of the car? Do you suppose THAT's what he was saying to put in the box? Or do you seriously believe he would risk it all by planting evidence? Well, if it worked for O.J.... right?

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  12. #32
    Pudge's Avatar
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    Quote Originally Posted by m.roma View Post
    Why would I come to a forum to see legal advice when I have 2 very well paid and educated attorneys who obviously know what they are doing. Considering the fact that I won my first case with complete ease.
    Because you troll websites for the sake of stirring drama. You have no valid reason to be here except to stir the pot and try to cause trouble.

    Your time here is limited.....VERY limited.
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  13. #33
    m.roma is offline Rookie
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    Quote Originally Posted by ex401mp View Post
    Man, you are on a serious fishing trip. You had a "stem", which basically means you got lucky and had already smoked your weed. If you was smoking out in your house, then decided to drive, you would be considered impaired and subject to the DUI laws. I guess you was lucky that there was no trained DRE available to to do the evaluation. Spraying cologne on yourself just as a police officer was walking up to your car is not something that you would consider normally done by any reasonable and prudent person. That is unless of course you was maybe attempting to impress the officer with your axe or whatever you sprayed.
    No, it means that the stem was found way deep in my glove box after an hour of searching the car with 4 officers and a drug dog. I had no idea how long it had been there, I did not smoke right beforehand, if you would’ve read or watched the news report, you would’ve seen that I was on my way to my girlfriends house which was less than 5 minutes away. It was not as he was walking up to the car, and screw Axe. I might be 18 but I do have some taste in fine things, I use Creed Royal Water.

    Quote Originally Posted by TXCharlie View Post
    Did the DA know you were moving to Canada, or had you already moved? Maybe that's why he didn't bother prosecuting the case - Duhhh, he's not going to extradite over a ticket.
    What did the Texas Rangers say about your case? - I seriously doubt the Rangers are going to give anyone a slide - They are known statewide for going after local departments.
    Or are you relying strictly on the word of lawyers who no doubt stand to make money from a law suit (either from you, your parents, and/or the city), or from an out-of-court settlement if they can bluff their way into the city's pockets?
    The DA did not know and I was still in Texas, my attorneys did not tell them I was moving so out goes that idea.
    The FMPD made a statement saying “it requested the Texas Rangers review the case without placing a formal complaint against the officers to ensure no laws were violated. The department said the Texas Rangers concluded the officers did nothing wrong. However, News 8 has yet to confirm the information.”
    This is also bogus, because I filed harassment on the officers as well before I moved because of the constant harassment done to me after this was aired. There were a few formal complaints made against these officers. As far as what they have said, everything has been sent to my home in Texas and I won’t be able to read any of it until Christmas time. But I do know that I have received paperwork from the Texas Rangers as well as Internal Affairs because my parents have informed me of very thick stacks of paper that I have received in the mail.
    As for your last statement, my attorneys have been paid by me from the start, not my parents, and they are close family friends, so I’m not just another case for money with them. Even so, if I was, I have no issue paying money to have a police officer’s actions investigated by the government.

  14. #34
    m.roma is offline Rookie
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    Quote Originally Posted by Pudge113 View Post
    Because you troll websites for the sake of stirring drama. You have no valid reason to be here except to stir the pot and try to cause trouble.

    Your time here is limited.....VERY limited.
    Please, save yourself from the your control of power have as a internet forum mod.

    This is the first forum I have visited in regards to my arrest and news story, don't get too hopped up now. I am not trying to cause trouble, I am seeking opinions that is all. If you cannot be mature enough to understand that, then I am sorry that you have been won by "an 18 year old pothead" as everyone on this forum seems to target me as.

  15. #35
    Pudge's Avatar
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    Quote Originally Posted by m.roma View Post
    Please, save yourself from the your control of power have as a internet forum mod.

    This is the first forum I have visited in regards to my arrest and news story, don't get too hopped up now. I am not trying to cause trouble, I am seeking opinions that is all. If you cannot be mature enough to understand that, then I am sorry that you have been won by "an 18 year old pothead" as everyone on this forum seems to target me as.

    You've said yourself that you have two attorneys at your disposal, likely from mommy and daddy's money. You want advice? Call Dewey, Cheatem, and Howe.

    My action here won't be based on whether an "18 year old pothead" thinks he's more mature than I. They'll be based on our site's Terms of Service. The duties of my staff and I are to enforce ToS, much like a sworn officer enforces municipal ordinance and state law. Our decisions are based on previous experience, knowledge of the law, and training. Our decisions here are based on ToS, experience, and our own discretion. It'll be our discretion as to whether you're shown the door, and when. That time, is now. The thread has been closed, you've been escorted out. The debate here has run it's course.
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  16. #36
    Five-0's Avatar
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    Well, Bye.


    Meanwhile, fishing in Russia:

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