The Suspicious Person - A Police Officer's Way to Stop YOU!

But what exactly is "suspicious" an officer?

As a Texas peace officer, I have heard many classmates stop "suspicious vehicle" and "suspects" on several occasions. I also heard our shipping dissemination of calls from citizens about "suspicious" activities in their neighborhood. That said, as I personally Austin criminal defense "has never engaged in one of these" suspects is no longer, I think is reasonable well. This canbe more of a personal faith than anything else, because I know that officials are authorized by law "and suspect vehicle stops, and I also know that making the officers, as Any others can also" stop talking " a person ... and that person can simply ignore the officer and feet. But, I must be something about that, you can "suspect" and compiled the list, but in general everything seems a bit 'out of the ordinary for a given site at a particular time of day may indicate a thought criminalactivity. This first list is what I would consider "obvious suspicious" activities and I have no problem in stopping these sorts of people:

A stranger entering your neighbor's home or property when the neighbor is not home.
Screaming or shouting may signal a fight, robbery, rape, etc.
Offers of merchandise at ridiculously low prices could mean stolen property.
Person removing car parts, license plates, or gasoline are considered suspicious.
A person looking into parked A car trying to steal a car or valuables visible inside the left.
People entering or leaving a business after hours may be burglars.
The sound of braking glass or other loud noises could mean an explosives accident, theft or vandalism.
Housing people loitering around schools, parks, secluded areas or in the neighborhood could be sex offenders' is "for crimes, or can act as a lookout.
People in the neighborhood who do not live thereBurglar could.
People who claim to be representatives of public utilities (gas, telephone, water, electricity, cable), but not in uniform or any identifying company May Be thieves.
Anyone tampering or forcing entry into a building or vehicle.
Open or broken windows and doors of a house or business.
Gunfire, screams, the sounds of battle, hunting for other people on foot or by car, dogs barking unusual - foul suspicion, danger, disturbancepeace, or criminal activity.
Any vehicle without lights at night, cruising slowly, or following a course that seems aimless or repetitive is suspicious in any location, but particularly so in areas of schools, parks, and playgrounds.
Apparent business transactions conducted from a vehicle, especially around schools or parks and if juveniles are involved.
Persons being forced into vehicles.
A person exhibiting unusual mental or physical behavior may be injured, under the influence drugs and / or alcohol, or who needs psychiatric help.

These are the less-than-hand "suspicious activity":

Not every stranger who comes near you is a criminal and may be a perfectly legitimate reason for their activities. You've never seen a new type of car and wanted to check the inside, so you looked through a window past a walk? Or you're on a walk, tired and stopped at a rest stop notintending to take the bus. The following are some situations you might see and what they might mean, but do they rise to the level of "suspicious" that officers should be involved?

A person loitering in front of a home or business if the residents are away or if the business is closed.
A person who is running and does not appear to be exercising, especially if carrying property.
A person carrying property at an unusual hour, in an unusual place, if the person appears to be tried to conceal the property, or if the property is not wrapped as if they just bought.
Heavy traffic to and from a particular room may indicate drug activity or a "fence" operation (buying and selling of stolen goods), if it occurs regularly.
In the course of vehicle "repair" in relation to a non-place.
Parked, occupied vehicles are impressive, especially when seen in odd times.
The abandoned vehicle parked on the unusualblock.

While some, if not all, of the suspicious circumstances described above could have logical and legitimate explanations, officers will state that they would rather investigate a potential criminal situation and find nothing than be called after it is already too late and someone has been victimized. While this is a noble goal, it is critical that officers remember that this is a free society and that what may be unusual to one may not be out of the ordinary for someone else.

The first list set out above is one that even I, as an Austin Criminal Defense Attorney will agree with and do not question an investigation by police officers. However, while I was a uniformed officer myself, I questioned the stops made by other officers from this second list and sometimes felt disturbed that citizens would call to report activities like these.

I want to address each of these in the order listed to explain my position and reasoning. As to the person Loitering in front of a closed shop or a house if the occupants are absent, the first question I have: "Where is the person?" If the person "suspected on the sidewalk, this is not a public space where everyone has the right at all times? However, if the person or peek in the windows shook the door, then it is contained in the first list. However, to further complicate the question. If the person is on the lawn, is that suspicious? I think a stronger case is thatbecause of internal peace could now be included, but if the landscape is part of a public car park, however, does not change the facts and make them less suspicion?

The second is on the list, obviously, not performed during exercise (especially if the performance of the property). What is "obviously not exercise?" Maybe the runners can not afford the latest sports equipment and is something many of us do not consume. But this does not suspect him. Well, to emphasize the possession ... WhatProperty type? Most people run with an iPod, cell phones or correct any personal device? If the current investigation? I admit that if someone on the street running, with a DVD player - which is a bit 'suspicious and out of place, but honestly, I did not like the almost three years ago that happened, I worked as an officer.

The third element of the list is a collection of some "suspicious" actions. Without too much detail, I think we all agree thatcommon sense is what is needed here. If we are looking at an item is being unwrapped, not everything purchased is "new" and not every purchase comes packaged in a wrapping. The most troublesome for me is what is the "unusual time or place?" If the person works different hours than most people, and is out doing something at night because that is his schedule, does that make it "unusual"?

The 4th point is relatively straight-forward. Yes, heavy foot traffic may constitute evidence of ongoing criminal activity, but depending on where you can not, for example, a house near a university campus or "sorority Row" ... doubtful. A house with young people to live in it, which is near the school or very active members of various social organizations, probably. Bottom line, do not try too nosy neighbors bodied employee who is always throwing stones at someone else and not your business .... will

The motor vehicle repair point bothers me a lot. Yesit may violate a Homeowner's Association rule, but that is not criminal. Chop shops are not going to be out in the open. They are going to be tucked away where only the people using them know about their location, and it is doubtful that a chop shop is going to front as a mechanics business in the middle of a neighborhood. Just because someone cannot afford a spot in a commercial district for a mechanics shop, does not mean they are engaging in illegal activity. If this really bothers you, consider a complaint against them discomfort, but require law enforcement is just tacky - officers are too busy to call as follows to run!

Finally, I combine the last two issues: parking, abandoned the vehicle and a parked vehicle occupied, which can be seen in "unusual" hours. Once again I want to concentrate on what is "unusual" ... but a question of common sense should be able to cover them. And if it is a problem for the people "parking" ... Please get a life. Or ifis offensive, why must you think of yourself as the "moral police" and get into their business?

Lastly, I appreciate what officers do, as I too worked in the field for almost three years. But now that I am an Austin Criminal Defense Attorney, I question some of the actions of other officers, and I did this when I was there... that is probably one of the reasons that I wanted to leave. After all, I think it much better for 100 guilty people to go free than one innocent be arrested/accused.

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Cases of rape

cases of sexual violence can be a complicated question for those who happen to be involved in one. There are many things wrong with your case of rape further cause for concern. You can feel the fear of what will happen next, but you must understand that there are many parts of your case you cared. For all the details of your event, do one of the best things that you, in order to protect yourself and your family to the situation that may be registered

DefineRape is one of the hardest things you can do, because you know the difference between someone wants the sexual act and will not understand you. Legally, it is rape as sexual intercourse or any type of sexual penetration that occurs is defined without the consent of the people involved. This means that a person who forces someone to say a kind of sex without that person, yes. The difference between sexual violence and rape is not alwaysclearly defined, as there is a very gray area that defines the differences between the two.

There are two types of rape, depending on the type of situation you are involved in statutory rape is one of the worst things that could happen to a child. Statutory rape is defined as the strength of having a child or a person under the age of consent to any kind of sexual relationship with another person. The age of majority is not technically defined any legal approach, asSuch controversy about what should be the age of consent technical. The average normal for this age of consent is usually 16 to 18 years. Typically, each case is individually rape based on the type of situation is addressed. Each case had a rule in their information to determine which type of case and agreement with the ideas to help. The other type of rape as rape is defined as including all persons aged 18 years, is technically statutory retirement age in the United States.

Rapecan be a difficult case to handle if you are going to be poured into all the details of the case. You must make sure that you speak with your lawyer and keep open communication so that your case is going as good as possible.

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The importance of obtaining a permit for concealed weapons

The debate on the acquisition and possession of weapons in the United States has a history and plans unsolved until now. While the debate rages, they are still allowed people to acquire and own guns to protect their property for hunting and gathering. In Texas and other states, it is important for individuals to carry concealed weapons on legal persons if they have to do the right license.

It is very important to realize that individualsGravity to obtain a license before holding a gun in a secret way. If a person is shot with a pistol without a license, permit or caught wearing in a hidden way, without the law, he or she may be subject to criminal charges of weapons possession. These criminal charges can be fined, the result of probation, revocation of licenses for weapons and even imprisonment.

For a concealed pistol license in Texas, applicants must often show proof of residence in the State for aAt least six months. Individuals can show such proof, in the form of leases, bills and official documents showing the address of the person in the state. People are often necessary to ensure proper identification, driving licenses, social security cards or other forms of government can prove also issued photo ID.

Persons convicted of crimes of violence or other types of weapons convictions, may not apply for a pistol hiddenLicense if the conviction occurred within the last ten years. The laws require that only be granted to make a good reputation with the law and a clean record for the decade before the law of a gun on his person. While many people are unaware of those DUI offenders and people may also have been found to hide weapons of DWI denied the right to make.

Search for a concealed weapons should be brought in the rule necessary authorization, weapons safetyThe classes, which usually belong to fifteen hours of instruction on rules and regulations of the State. At the end of courses, an applicant must wait a period of sixty days to make the application process and acceptance or rejection will be completed.

It 'important to remember that you always have the appropriate licenses to the first implementation of a concealed weapon. There is also the licensee to be aware of government buildings, schools and mainother places that do not allow people to carry arms NCOs, even if they have to allow concealed weapons. If you want to know more about possession of illegal weapons and weapons permits, visit the website of the Austin criminal defense counsel Ian Inglis.

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Cops and Lying

It is fascinating to me that a cop would ever consider lying about a case. Granted, there is not a lot of information in this posting that let's us know what the lie was, but as a former prosecutor for the Travis County Attorney's Office, I understand that it must have been quite a substantive lie or misrepresentation for the DA's office to VOLUNTARILY OFFER to vacate the conviction. Normally, a criminal defense attorney would be the one moving to have a conviction vacated, NOT the DA!

KXAN reported that an Austin police officer is under investigation for allegedly lying about a case that led to the criminal conviction of an Austin man.

Ernest Smith was convicted in September on drug charges, but the district attorneys office learned something was wrong, and it had to do with one Austin cop. It's unclear exactly what this officer may have lied about, but it was big enough for the district attorney to do something it rarely does.

The district attorneys office initiated a conversation with Smith's defense attorney and offered to vacate a judgment on his conviction based on new information. Essentially, Smith's conviction from September is going to be withdrawn. APD and the DA are not sharing too much information with KXAN either but we do know this... Sources say that officer lied about something in the drug case, so District Judge Bob Perkins dropped the case entirely some three months after Smith was convicted.

But friends of his say it's too late. That's because Smith is still in jail on unrelated drug charges. It's also unclear how this might affect the other cases this accused officer is involved with.

It is fascinating to me that a cop would ever consider lying about a case. Granted, there is not a lot of information in this posting that lets us know what the lie was, but as a former prosecutor for the Travis County Attorney's Office, I understand that it must have been quite a substantive lie or misrepresentation for the DAs office to VOLUNTARILY OFFER to vacate the conviction. Normally, a criminal defense attorney would be the one moving to have a conviction vacated, NOT the DA!

Now, why is it fascinating to me that a cop would lie in a case? Simply put, we have nothing to gain by lying. If a case is not strong enough to warrant a conviction, then the person should not be convicted. It does not reflect negatively on the officer that one of his "collars" or persons arrested is not convicted, unless of course said officer is on an "ego trip" and takes the lack of conviction personally. Consider the following scenario (written in an imaginary police report):

1) Officer responds to a disturbance at an apartment complex, where it is reported a Suspect is selling drugs.

2) Officer meets with the Suspect first and justifiably conducts a "pat-down" or "frisk" of his outer clothing to ensure there are no weapons present that could endanger the officer.

3) Officer feels a lump in the Suspects pocket and based off the officer's "training and experience" realizes that the substance is an illegal narcotic. Now, we have invoked the "plain-touch" rule... a close cousin to the "plain-sight" rule...

4) Officer reaches into the pocket and pulls the contraband out and arrests the Suspect for possession of the narcotic...

5) Valid arrest?

Setting aside any political or personal agendas, the above scenario is almost a textbook setting for what happens to officers on an almost daily basis. Agreed? I will guarantee that somewhere in this great State of Texas that there is at least one person arrested under facts like these every day! Now, fast forward to trial...

The Officer testifies to the above facts but during the direct examination of the prosecutor, the officer embellishes a little bit on the story. In fact, the Officer says, "Ya, the Suspect resisted me when I tried to handcuff him. In fact, he pushed me in the chest, and because of where his hand hit my sternum, it caused pain."

At this point, the officer has testified to elements that would warrant filing assault on a peace officer on the Suspect. But, it is critical to determine whether the facts of the resisting were in the report? What about the pain? The injury? If not, trust me, it did not happen. That is the most basic of training that police officers receive in an academy... write in detail and be thorough. Do not omit facts.

So what, you may be asking, what does this do to the officer? Won't the Suspect still be convicted for the drug possession, even if the the resisting charge is dropped or never filed? Yes, probably... but I challenge you to consider this, "Should Suspect be convicted or should he receive a stiffer punishment based off the facts now presented?"

Now I could go on for pages debating the last question, but I won't... I want you to think about it.

To summarize, what happened here is the officer may have merely made a mistake by omitting the facts from the report, and if that is what happened, that is what he should have explained. Or, he could have truthfully stated that he did not remember the details and left the case alone ... but above all things, the officer should not lie about the facts of the case or enhance them with more detail ....

After all, what does the officer bring to the witness stand: Credibility? Integrity? A willingness to "protect and serve"? Or, is it more of a desire to "win at all costs"?

I challenge anyone reading this, especially cops, to consider what it is that they stand for and why they do the job that they do... as an officer, I assure you, I care more about my credibility and integrity than I do a desire to "win" a case. In the end, it does not matter to me if the person I arrested is convicted. For me, what counts is that I did my job and that I did not violate anyone elses rights. And as for the person that I took to jail in a given shift, that person is not sub-human... they just made a mistake ... or they just got caught... but to lie or even stretch the truth a little bit... that brings an entire system of justice crashing down on itself...and brings the officer's credibility down, jeopardizing every case he has ever touched!!!

In the end, I am a Texas attorney. I am also a Texas cop. And, I do believe that the system works, when all the parties to the system fulfill their respective roles. But, I also am excited when I see that someone, taking advantage of his position or authority, loses credibility and is dismissed or disciplined. Yes, I am a defense attorney. Yes, I am a cop. But first and foremost, I am an honest person who believes in doing what is right and just under the law, and I challenge others to do the same....

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Consensual crimes - crimes not now

While many violent criminals and white collar criminals run free and innocent people rot in prison and on death row for crimes not committed, law enforcement resources are used, the lives of consenting adults that do not harm anyone destroy. An article I proposed provisions that about four million people are arrested and 350,000 a year in prison for consensual crimes.

I believe that a "consensual crime" as a criminal act committed by two or definedmore people who agree to participate, and does not include persons against their will. The following is a non-exclusive list of offenses that can be agreed between the parties could prostitution, adultery, homosexuality, sodomy, gambling, some drug use (marijuana) and assisted suicide.

Another name for this type of crime can "victimless crime, why not do anyone any harm, they do not cover a subject other than those who decided to commitActivities. So there are no victims.

If people are arrested for these crimes, their ability to remain gainfully employed, is at risk. A sentence is passed virtually guaranteed the loss of their livelihoods. After his release from prison, the criminal may prevent them from finding a new job.

Although it is not a crime to pay, the record of arrests only significantly damage their lives. He, too, can lead to loss of jobs and difficulty in finding new lead, and caninterferes with other aspects of their lives, like the ability to obtain credit, buy a car, rent an apartment, get custody of children or to vote.

Therefore, the financial consequences of a conviction or arrest these people, they need long-term support from the government or charities. Or it can lead to serious crime, according Resort, what they learned from real criminals in custody. This is all a big burden for the economy and, in addition to the cost of arrest,The persecution and imprisonment of them.

In order to avoid conviction and imprisonment, the accused may have to spend thousands of dollars in legal fees. For certain offenses, can perform the amounts to tens or hundreds of thousands of dollars. If case together with the financial possibilities for themselves and their families have nothing to consider suicide, and some may see it as the only way out. If this is the action of the defendants is the company that has an impact from the loss of productivity and, more importantly,Impact on family and friends of the accused.

Government prepared for all disorders of protecting the lives of consenting adults "them of possible consequences that may occur - and only them - from their freely chosen actions.

Since these arrests the lives of innocent people, can devastate an strong argument that Christian charity, taught by grace of other religions and philosophies, is reason enough to leave consenting adults to be alone, but the ironyrare to see is that often the Christian principles on behalf of these laws exist or persecuted ....

Law enforcement resources are wasted investigative steps consensual

Government's attention on consensual acts leads to more ethical behavior in a different way. To the extent that law enforcement resources were used against consenting adults, there is a corresponding reduction in resources available to cover the criminals who pose a genuine threat to society, these criminals wouldharm others and just trying to benefit themselves.

A huge need exists, efforts to support those arrested innocent damage increase. They harass someone every two seconds in the U.S., and five of six Americans may one day be victims of violent crimes. According to author Peter McWilliams, arrests committed while only 20% of crimes against persons or property. He also says a murderess escaped six, eight out of ten thieves arrested, andonly 5% of rapes result in forced prison time.

McWilliams reports that 10 billion dollars of personal property is stolen every year and never recovered. Billions more are illegally obtained from white-collar crime. Even if the person is not damaged, if the victim files insurance claim or to take action for damages, binds to and can borrow funds from the economy, what an impact that was definitely undesirable.

By means of criminal proceedings againstconsensual acts also makes the U.S. vulnerable to terrorism. According to the 9 / 11 Commission Report, in 2000 there were twice as many FBI agents assigned to drug law enforcement, anti-terrorism assigned. The FBI's counterterrorism chief, said the Commission, which wants to "500 analysts view Osama Bin Laden ... but there were two." And former Vice President Al Gore, who pay before 11 September, the Bush administration Department of Justice FBI had moreagents investigating a suspected brothel in New Orleans than monitoring Bin Ladin and al Qaeda.

There obviously is a strong need for law enforcement to improve its responses to real crimes committed against persons or property. Yet each year in the U.S., law enforcement applies some $50 billion to arrest, prosecute, and lock up persons who commit consensual crimes. Some estimates are that roughly half of all law-enforcement resources are used in connection with consensual Crimes.

These funds could do much to remedy the current deficiencies in law enforcement in the treatment of more serious crimes. Through this misallocation of resources, many abusive and violent criminals may escape justice and continue to hunt on the public. The same principle applies to white collar criminals who may never have discovered ... do not forget, the Enron and WorldCom scandals.

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Get Out of Speeding Ticket

Need to get out of speeding ticket? The best way to get out of a speeding ticket is not to get one! When you are pulled over try to go for the warning first, if that fails you're still not out of luck.

There are a couple key things to avoid when you are pulled over.

Don't act like a jerk

This will only work against you! Do not deny any wrong doing on the road, you will not convince them. Avoid name dropping and threats about an officer's job - this is never a good idea. Don't offer excuses unless you have an emergency in the passenger seat (if you do ask for an escort and they will usually provide one!). Be sure to address the officer by "Officer" or "Sir" to show respect and act calm, displaying common sense.


Don't get yourself in trouble

Avoid directly admitting guilt; the office can use your admission of guilt in court! It's ok to act confused about what you did wrong if you are backed into a corner. You may need to act dumb to minimize what you say out loud. (It's not illegal to be stupid!) Say as little as possible and respond with "Yes Officer" and "No Officer" when possible.


Play the PITY card!

Act scared! Like getting a ticket will destroy your life! They may feel bad for you and let you off easy. If you are a cute girl, go for the cry if you can pull it off. It just might work! If you are a teenager, distressed remarks about how your parents will totally kill you is never a bad idea regardless of how true it is.


Pull over well

Pull over to the right side of the road in a safe and traffic-free area in a slow and predictable way and end any cell conversations. Discard any lit cigarettes and be sure to discard inside the vehicle to avoid a littering charge (In some states you are responsible for damages arising from fires started by disposing a lit cigarette via littering). Turn off the car and any music and roll down the driver-side window. Have your documentation ready and keep your seatbelt buckled to avoid seatbelt fines. Follow any commands issued over the loud speaker in a calm and responsive manner without having the officer repeat himself.

Keeping these tips in mind might keep you out of court and help you get out of speeding ticket!

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Marijuana Penalties In Texas

The state of Texas has specific marijuana laws that help to stop the drug abuse that seems to be ongoing in the US. Most of the punishments for possession or selling marijuana depends on the amount of the drug that is being held or sold.

If you are caught in possession of 2 ounces or less of marijuana, it is considered a Class B Misdemeanor which is up to 180 days in jail and a $2,000 fine. Between 2 ounces and 4 ounces it then becomes a Class A Misdemeanor which is up to 1 year in jail. The person will also be required to pay up to $4,000 fine depending on what the judge decides. From 4 ounces up to 1 pound and from 1 pound up to 5 pounds of marijuana is what is called a state jail felony. This requires between 180 days and 2 years in a state facility with up to $10,000 fine issued by the judge.

If the person is caught with between 5 and 50 pounds then it is considered a third degree felony. This is punishable with 2 to 10 years in jail with up to a $10,000 fine which is also issued by the presiding judge. From 50 to 2,000 pounds is considered a second degree felony which is punishable between 2 to 20 years with up to $10,000 fine. Anything over 2,000 pounds is a full felony punishable between 5 to 99 years in jail with up to $50,000 fine decided upon by the judge.

The sale of marijuana works a bit differently. Any sale to a minor is an automatic felony up to 20 years of incarceration and up to a$10,000 fine decided on by a judge. Any gift of ¼ of an ounce or less is a Class B Misdemeanor with is punishable with up to 180 days in jail with up to $2,000 fine. Any sale of ¼ of an ounce or less becomes a Class A Misdemeanor which is can be punishable with up to 1 year in jail with an increased fine of $4,000. Up to 5 pounds of marijuana becomes a state jail felony. This is punishable with between 180 days and 2 years in jail and an increased fine of $10,000 fine.

Between 5 and 50 pounds becomes classified as a third degree felony with between 2 and 10 years of incarceration and the same amount of a fine. Anywhere between 50 and 2,000 pounds is classified as a second degree felony. The penalty will be anywhere from 2 to 20 years in jail with the same $10,000 fine. Any sale of 2,000 pounds or more is a felony with a minimum of 10 years and up to 99 years in jail. The fine then is raised to a maximum of $100,000.

If any of the above events happen within 1,000 feet from a school, all of the penalties will be increased drastically because of the proximity to children.

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