San Bernardino Sheriff’s Department To Cough Up $500,000 For Wrongful Arrest

In California, you have the right not to show your ID to law enforcement ... in most cases

 

This is the Texas identification law 38.02.

Texas Penal Code Section 38.02 - Failure to Identify

 

This incident happened a few miles from me. I know the area well. I read it from the local paper. The driver parked his truck. Went around to front of the store cause they wouldn’t answer the back door at the dock, so he’s already pissed that he has to walk all around to the front, then he buys some snacks or something and walks all around to back off the dock to his truck, he got stop while walking to his truck. He wasn’t at the truck yet. Cop just wants to check him out, but with his poor pissy attitude and mood already, nothing was gonna go right. All he had to do was flip out his drivers license and that would of ended it. But the super trucker had to make a point.

 

He was walking back to his truck, after buying and checking in from front of the store,he wasn’t near his truck “yet” when it all started, he was in pissy mood as is. Cop just wanted to see who he was. Yes I agree that the cops cross that line but it didn’t have to go that far, what’s the big deal to pull out your ID ?

 

@TROOPER to TRUCKER , can you chime in on this incident…….

 

The thing is a deputy had no lawful reason to arrest him. The driver did not have any obligation to identify himself to the deputy. Being a so-called suspicious person is not a crime….

 

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And that's my point. Under California law no person is REQUIRED to provide ID unless driving a motor vehicle or are arrested. There was no articulable probable cause to instigate a 'Terry Stop'. Answering "what are you doing" with "walking" is an accurate response, albeit a curt one.

From the articles I've read, it seems like after the smart aleck response the officers did everything they could to create confrontation. Turning to face a police officer isn't "taking a fighting stance", particularly when one is holding a muffin, and I'd love to see the video of what constituted "resisting arrest". Then the gentleman was in handcuffs, seated in the back of the squad car and mouthed off. At which point the officer responded in a physical manner. The gentleman is presenting no threat to the officer's physical safety nor the safety of the general public. The only thing being threatened at that point is the officer's pride.

Allowing officers to act this way is how Ronald Watts was allowed to terrorize his community for more than a decade.

 

And yet they'll probably keep their jobs.
It's obvious that "to protect and serve" is not high on the list of why they joined law enforcement.

It's interesting how instead of purging the bad actors they always circle the wagons.

 

The reason why they do that, act gung ho esp the new young ones is they want a promotion and get off the street into an office- have a desk job.

The way to get a desk job is to get a promotion. The way to get promoted is to 'bust' people, or make a 'bust'.

Cops really don't make that much money starting out- truck drivers probably make more money than police in their first years. That's a big motivator too for them to make arrests or write tickets (produce revenue).

They do use illegal tactics, and they do use intimidation. My question always is: the police are watching us, but who is watching the police? How many police out there have ethics and high moral standards?

 

[QUOTE="Diesel Dave, post: 12321037, member: 37930
Isn’t law when law enforcement approaches you and ask for an ID, your supposed to cooperate and hand it to him? Probable cause; he looked suspicious(don’t we all). Cop was just doing his job. Truck driver was having a bad day. What’s next, “Defund the police again” ?[/QUOTE]

No it’s not law! The officer has a duty to uphold the law and follow proper procedure. This means that in order to ask you for ID he needs a bit more than suspicion.