TexasCHLforum.com

SewTexas wrote:
I was trying to point out the ridiculousness of the entire thing, those officers KNEW they couldn't arrest the kid! they left without him, and only the mom, she had to get someone else to spend the night at the house with him...and you know what??? I honestly thought until this conversation....that an officer had to bring the arrest warrant with him. And I probably would have been arrested just like the momma. LEO's put yourself in her position just a minute, God forbid...your son has been accused of something, someone has told her they are calling the cops on him, you know that much. You maybe blame yourself, you probably don't believe any of it. You just know you've got to protect him now and make sure everything happens like it should.

It doesn't matter one wit that she can't be prosecuted...she's got an arrest on her record! You know as well as I do that is a question on a background check, it will impact her getting a job, weather she wants to work with children or as a checker at Walmart. That cop blew it. My question would be, it's a small town, does he know the accuser, or does he have a problem with "innocent until proven guilty"?

EEllis wrote:

mamabearCali wrote: I read what you said every word. You say a parent has no right to see an arrest warrant. So if a LEO comes for your child you will just hand them over no problem?

If a cop showed up, identified himself, explained that they were serving a warrant for my child and tells me what the warrant was for? Yes I would allow them to arrest my kid. That is the law and unless I had some big reason to think having a shootout with the cops would be better than taking it to court then what the heck else would you do? Get arrested for the sake of making a point with no real, well maybe even a negative, effect on the charges for your kid? Who is supposed to be the adult?

An 11 year old charged with rape is very serious of course, but all the more reason to do everything in an upright a manner as possible. He obviously was not enough of a threat....they did not even arrest him at that time, but waited days.

First he was arrested the next day. When the warrant was valid, second when looking at her statement she indicated she would turn over her son when shown a warrant. Indicating that she had some control but refused to cooperate. Not standing mute but saying I could but won't unless you do what I demand. Unfortunately she has no right to make that demand that I find in Texas law. That may be enough to arrest her but still might not allow them to enter her home to search for her son which we don't even know if he was at that location, and finally we are talking about a force with 10 full time officers. 10. After arresting this mother of the year maybe it might take awhile to get someone else out. Maybe at some point they realized the warrant never got signed. The delay without more info means squat.

As far as baloney charges.....they happen all the time. People charged with what amounts to contempt of cop. They then either plead or are forced to spend $$ on clearing their name. If you don't hear of this, I don't know where you ae looking.

You say you can read so show me where this came up? Oh because I disagreed with you assertion that since charges where dropped they couldn't of been valid? Well I'm sorry but saying people sometimes get railroaded, or phrase it how you will, still does not prove your point. Both things can happen at different times. Mind you I already said that I think the arrest would be invalid but ..............

EEllis wrote:

Where did I say that? Does no one actually read the posts? Sure I would ask what where and why but I wouldn't demand things I wasn't entitled to and that they were not required to provide. It doesn't say they wouldn't ID themselves now did it. It said she "demanded" to see a warrant. She doesn't have that right and the cops don't have that duty.Yes the kid was 11 but the alleged victim was 5 and if true the kid could provide a threat to the public , or at least the little neighborhood girls, so playing his age don't work for me. Also his mom knew who was there and why. She was waiting for them being told ahead of time the cops were coming for her kid so this wasn't her getting up from dinner shocked and unaware. As to the no charge thing two thoughts. First you are wrong about the save face crap. DA's drop crap all the time because prosecuting would be a hassle and a negative for their office. Superiors in police depts tell officers that they will drop charges if it suits their needs. Cops are not backed up by the system in the way you seem to wish to believe. Second I said that I thought her arrest couldn't sustain charges because there wasn't a valid warrant for her son. It was signed hours latter. Now that doesn't automatically make her arrest unlawful because it's based on what the office believes not what is true, but if that belief is later found incorrect of course charges are dropped. She couldn't of obstructed serving a warrant that wasn't valid so the charges were dropped. If the cop thought the warrant was good then at the time it was a legal arrest. See how that works.

EEllis wrote:
So cops legally come, because at that point the Mother was already aware and believed the officers were correct in having a warrant, to arrest your child for a major felony and because they don't show you a paper that they are not required to and wouldn't have on them under any normal circumstances and you say that "the fight would be on?" That is natural to you? Look I don't know maybe the cop over reacted and could of dealt with the Mother better but why in the heck would I assume the cop was in the wrong and if you think fighting the cops is so natural then why would you assume she stood there and in no way obstructed the police and just asked for a warrant? How do you know how long the cop may have spent trying to talk this lady down? You decided how you wanted the story to go the populated it with assumptions and strawmen.

The Annoyed Man wrote:Some of the comments below the story are instructive....