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There's a story in tomorrow's Messenger about three twenty-somethings being stopped in Rhome and found to be in possession of marijuana. ("Oh, the humanity!!!!).
If that blurb above is correct, every single one of them should walk away free. You don't have to signal when exiting a highway. An illegal stop means all evidence found as a result of the stop can't be used against them.
But this reminds me of an interesting conversation with a Wise County prosecutor I had a few years back. The law is clear in this case. It's an illegal stop. No question about it. Once the file comes across a prosecutor's desk, should he kill the case or should he file it and hope the defendant comes in without a lawyer and is willing to accept a plea bargain? I think it's a no brainer: He should kill it. After all, that's what a conservative would do who honors the constitution.
Edit: The court case I relied upon is this one. But the commenters are correct in that I assumed the boys were westbound on 114. (The turn they would have made if eastbound on 114 is a slight loop but probably would require a turn signal.) But I bet they were westbound since the Rhome cops love that area more.
Edit: Hmmm. It does say southbound access road so they have to be eastbound. Dang it. But that leaves us with two situations. One (as mentioned above) is the right hand turn at the 114 bridge/287 which puts you on the service road for about 25 yards and then dumps you onto southbound 287 (which is also 114 for about a quarter of a mile.) Or the Messenger could be talking about the boys being on 287 at that point and then exiting to the right at the "Dallas 114" sign. The first one (probably) requires a turn signal. The second does not.
74 comments:
I always signal when exiting a highway, espcially at the 287 to 114 exit. If you don't you might get ran over because you have to start slowing down as many times there are cars backed up at the stop sign. This is a law that needs to be changed anyway.
As I read the blurb, the driver was turning right from 114 to the 287 service road (as if they were coming from Boyd or Love's). Is that considered "exiting a highway?"
Regardless of whether a signal was legally required or not, that is a RIDICULOUS reason to pull someone over!
Make sure you are reading that blurb right. It says from 114 to the south 287 access road. If I remember that intersection correctly from 114 onto south 287 access road warrants a turn signal. It is a 90 degree turn from either direction and if you are coming from the east, you would have to cross traffic to get on the south access road. So, not an illegal stop.
What you seem to be suggesting here is that a modern conservative has some knowledge of the Constitution.
One, there is no such thing as a conservative any longer. That species died out in the 80s. What they are now, if you are actually going to go on facts and definitions, are Fascists.
Two, The only thing a modern conservative knows about the Constitution of the United States is that there is one.
Three, present company accepted, todays DA's office consists of politicians with legal training. They'll screw you so fast Speedy Gonzales couldn't keep up!!
9:12..."you might get RAN over..."
BG, remember your post about drivers with a low IQ???
Stupid law. Waste of time. Democracy is not in danger because idiots smoke weed. Let him go.
Yea, but it's Rhome. Ask any bail bond agent in Decatur about the money they make off that city. Many have walked away scott free and a lot of it was because of their own court.
Someday when I get a Crotch Rocket Im gonna give them dadgum Rhome Police a California Howdy at 160MPH
If you drive any auto in Rhome that is in the Monte Carlo, Cutlass, or Fiero class, your pretty much screwed, innocent or not! If you pull this vehicle into Loves truck stop and fuel up and dine, then your double penetration screwed because you gave money to the town and got pulled over for some horseshit offense. Anyone who motors through that city should know by now you stop in Decatur or wait until you reach 5 points.
I think the Officer needed a set of circumstances based on more than mere suspicion supported by the facts that would make a reasonable and prudent person believe a crime had been committed or was in the process of being committed. Therefore the Officer had no probable cause because a violation had not been committed. I rest my case...
The Rhome Zero Tolerance for drugs slogan on their sign, seems to be working well.
I thought that anytime there was a turn involved, there should be a signal involved! I knew someone that got a DUI after a cop pulled up and parked directly behind them in a private parking lot with no lights on. The cop was illegally parked and person didn't see them bumped them while backing out. Nothing was ever admitted that the cop was illegally parked to begin with and the DUI was after three beers! Go figure!
Read Texas Transportation Code 545.104
And you may get stopped and found with dope in your car.
If your lane has to exit or turn, you don't have to signal. From eastbound 114, it has to do to the south (so no signal required).
If he was WEST bound on 114 and turned onto SOUTH 287, he had to signal - it's a left turn.
Bottom line, counselor, you don't have enough information to make a proper assessment and as usual, jumped to the conclusion that the officer was wrong.
I want to know why one must signal when there is no traffic in sight. Like trees falling with no one to hear... Do they make a sound? Just gives bored cops an excuse to stop and search.
An honest man that believes in the Constitution would drop it. A prosecutor would go for the jugular.
Actually Barry, the law is not clearly written that way. It's the judicial interpretation that set precedent that the law
If it's not about the "Guns, Gays and God" conservative political viewpoint then I don't wan't to here about it! You also mentioned the constitution, right? Well, I don't want to discuss the constitution unless it favors guns and my freedom of speech about god and gays!
Noone in their right mind should ever have to worry about that exit if they want to avoid the villany, sleaze, and scum of that town.
This depends on which way they were headed on 114. This area is not a traditional highway exit. If the vehicle was westbound on 114, to go southbound on 81/287 the vehicle has to make a left turn and cross over the east bound 114 lane. You should at least look at a google map before making assumptions about the intersection.
" Once the file comes across a prosecutor's desk, should he kill the case"...
Yeah, right! Not in this county!!!
so 9:12 you think the police get to decide when and what laws are changed? Only in Wise County do police get away with this-making illegal stops, illegal searches are everyday procedures- seems wise co. motto if drugs found-justified -ok-- how many stops and searches are done and nothing found--ALOT-- and to law abiding, longtime citizens of this county -
The more important question is: When the case is dropped because it was an illegal stop, will the illegally seized marijuana be returned to the innocent victim?
-Jeff Spicoli
9:33
"What you seem to be suggesting here is that a modern conservative has some knowledge of the Constitution.
One, there is no such thing as a conservative any longer. That species died out in the 80s. What they are now, if you are actually going to go on facts and definitions, are Fascists.
Two, The only thing a modern conservative knows about the Constitution of the United States is that there is one."
You could not be more wrong. If you are a lawyer, no wonder our judicial system is so screwed up. A fascits is about as left wing as you can get. You sir have absolutly no knowledge of the constitution or politics. You have taken the kool-aid with a second helping. You are the reason that the country is so mixed up.
Marijuana causes drain bamage.
Making a right from one road to another road requires a turn signal. Exiting a highway on an exit ramp may not. In this case it requires a turn from one highway onto another highway and therefore a turn signal.
Why is it okay for the accused to exploit loopholes in the law, but prosecutors can't use those same loopholes to their advantage?
It depends on whether they were in possession, or under the influence. Use of pot slows your reaction times. If they were holding - let 'em go. If they were high while driving - prosecute! That's a safety issue
Fascism is about as far left as you can go. You (9:33) need a refresher on political science. Hope you don't teach or practice law.
So with all your reasons above about law, is it illegal to possess marijuana? Yes. Now flip it and say There is a dead body in the trunk. Does that mean te case is killed right there. Nope. Same thing. Put the pot heads in jail and go on. Enforce the laws not run around them!
9:33
Look up Left Wing Political Parties of the United States on Wikipedia. You are completely wrong. Left Wing (Liberal) = Socialism, Fascism, Nazism, Communism... Wake up America!
Were Drugs or Alcohol involved?
The post above from the messenger cleary stated 114 to 287 southbound access raod, so that means they would have been eastbound.
Your arrows on your map and your subsequent EDIT don't jive. If they were westbound on 114, they can only go to 287 NORTH. There is no south exit. You have to get up on the 114 bridge and turn left.
Barry is confused...
Wonder if a "legalize marijuana" advocate would mind if, for example, some 19 year old college boy showed up at the door, stood there smoking weed, to take his or her year old daughter out on a Saturday night? Clearly, the mom or dad would just say, "have fun, kids". Right?
Give it up Barry... Give it up...
You are grasping at straws on your edit. Just admit it, they got pulled over for a valid reason...
9:38 Not the "advocate" you refered to, but I am sure they would respond in the same way as if the guy showed up drinking a beer or other alcoholic beverage.
Your hypocrisy may be showing.
Actually, any evidence ( even a body in the trunk ) may be suppressed if it comes from an illegal search. Fruit from a poison tree or something like that..
What about the BIG question-Why was car searched on a traffic stop? Sorry I forgot normal procedure in Wise County-- I wonder how many traffic stops in wise co. turn into drugs found?? or how many drug cases were from illegal traffic stops and illegal searches?? Just "profile" driver and odds are on officers side-Look at the big picture- Are our police breaking the law??
When in Rhome....do as the Rhomans
Wise County DA and County Attorney should have to be recalled for some of the trash they bring to Court. People are put on trial who should never been charged.
Really 10:34am? I bet you have no clue what you are talking about and have no clue what is brought to trial and what is not....
Care to elaborate?
That is the only town in Wise County that just gives off a vibe of Nazi occupation.
A signal is required and, I didn't waste time reading the posts but all the cop needs is permission from the driver to search, right.
I bet he did.
It's Rhome. They have been in trouble before with police harassment and pulling people over without a reason. They have the power to do so and most dont have the money to fight them. The ones that did made a few bucks years ago. They have a terrible reputation as a town and for these type of incidents. They have ran off more business and potential residents looking for houses.
9:33 is so smart, he (or she) doesn't know the difference in 'accepted & excepted'
While this location is the subject of discussion I would like to blast the idiot Bill Nelson on more stupid traffic engineering. As you approach the Loves from Boyd there is a sign that advises of a speed reduction ahead. After you pass the access to the Loves the there is a sign reducing the speed limit. Any traffic engineer with any smarts at all know that due to the busy entrance to Loves, especially the large amount of large trucks, speed should be reduced prior to the entrance/exit to Loves. Bill Nelson is plain Jane stupid. Or he loves traffic accidents, knowing that he caused them.
The town is indeed a mess. They really got what they deserved by not electing Don Dixon.
That town is about as worthless as AMR stock!
Do the crime do the time.
Man, "conservatives" hate being called fascists. Why then, did they turn into fascists?
A rose by any other name...
A rose by any other name might be mistaken for weed in rhome
Did Runaway Bay Police get a Motorcycle with a Sidecar
11:45 not quite as stupid as you for making such a worthless idiotic post.
1:29, being concerned about the safty of people traveling that location is idiotic to trailer trash like you from Wise County. I hope you don't collide with a loaded rock truck pulling out of Loves.
That's it Green,keep on changing the facts to fit the story.
Don Dixon, 11:45? Is that the guy whose house is blasted by the horn of northbound trains, and whose campaign platform was to silence the train?
Now that was comedy gold! (I believe he came in last place, if I'm not mistaken.)
And my apologies if I have the wrong candidate in mind...
2:06 you're still the dumb ass and your assumption that I am in any way trailer trash is hilarious!
I travel that area 2-4 times a day.
Clearly common sense is something your not accustomed to, huh?
3:37 Clearly you don't understand when to use You're instead of your.
12:18 You obviously don't know what a fascist is. Quite throwing out big words that you don't understand.
Idiot.
I expect stupid remarks from those who don't know better. But BG at least give credit where due. I'm personally aware of several cases NOT prosecuted of your clients when the prosecutor agreed with your assessment of the facts and law. Have the courage to admit when you just made a general statement that does not apply to all. How about a mea culpa "edit"?
3:37, traffic engineering is not common sense, it is science. On the other hand it might be common sense that traffic speed should be reduced in close proximity to a fueling station used by large trucks where the trucks enter onto and exit the roadway. And it might be common sense that because the speed limit is going to be reduced 200 feet down the road anyway why not reduce it prior to the section of road where large trucks are crossing the lanes of traffic to get onto the roadway.
Let the little weed smoking bastards go, so they can drive down the road and kill a family of five. If the police did anything it must be wrong. Hell the cops go to work every day hoping to violate the law. Barry you and your mouth breathing fan club should be proud.
Cops smoke weed too.
Unless I am crossing a lane, I dont need to use a signal! It should be obvious where the hell I am going if we are about to verge! Right?!
4:52, "quite" criticizing people's use of big words when you can't even spell the small ones.
It warms my law abiding heart to know that many of Barry's former clients’ are reading his blog and of course on his side.
How about don’t violate minor traffic laws while transporting illegal substance.
Damn sure don’t bitch when you get caught and everyone decides to do their job, including the public (jury).
By the way BG if RPD did it wrong you and your fellow lawyers should be thanking they, otherwise you would be one of the 99% instead of one of the Wise County 1%'ers.
I love it when one person makes a spelling mistake and another one calls him an idiot but,in a feeble attempt to belittle the poor sap,finds himself also a passenger on the same short bus.
Is Rhome really worth this many comments?
11:45 You have no clue what you're talking about. Go re-visit the site. The speed limit is 40 before the entrance to Love's.
Idiot.
10:05, so they moved it? You should not be so bitter and angry. It takes years off of your life.
Officer Chance is my hero!
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