TexasCHLforum.com

OK, I've waited almost 24 hours before posting my first LEO contact (since obtaining my CHL) to try to let some of the emotions subside.

Yesterday, around noon, I went by the Home Depot on Wheatland Road just west of IH20 in DALLAS. When I left, primarily because I was driving my 1-ton cutaway van with somewhat limited visibility and because I like to accelerate and turn very slowly so everything in the back won't rearrange, I drove across the Home Depot parking lot, through the Spring Creek Barbeque parking lot and around the side to get to the traffic signal controlled intersection of Wheatland and Old Hickory Trail (opposed to exiting on Wheatland and having to dart across traffic and turn quickly or using the service road on the other side and having to deal with vehicles exiting the freeway - which is also difficult). When the light turned green, I entered the intersection and proceded south on Old Hickory Trail. After I crossed Wheatland Road and had gone 100 feet or so, I heard a siren burst (just a quick chirp) and looked around. A police car with its lights flashing appeared to be trying to get around me so I moved over as far as I could to let him pass. When I did, the police car fell in behind me and I couldn't see it any more. Then I heard the chirp again and realized the LEO was trying to stop me. So I pulled into the Sam's club parking lot in an area far from the entrance doors where hardly anyone ever parks and stopped. I rolled the window down (manual crank) and waited. An officer positioned himself at the rear corner (driver's side) of my vehicle and instructed me to get out. As I got out, I noticed he had his hand on his weapon but had not drawn it. I'm thinking "What the heck?" As I stepped away from my vehicle, I could see the police cruiser and noticed that it was A Duncanville PD vehicle. Now I was really confused and starting to become annoyed. The officer asks for my driver's license. I started to reach for my billfold but thought to myself, "This isn't right." I told the officer, "You don't have jurisdiction here." Fortunately, about this time a Dallas PD cruiser was driving by on Old Hickory Trail so I waved at him and motioned him to come to where we are. As he turned in the Duncanville officer repeated his demand to see my license and insurance papers. I told him to wait. When the Dallas PD officers got out of their car, they spoke with the other Duncanville officer still standing beside the Duncanville cruiser for a bit and then came over to me and the Duncanville officer confronting me and one of them said, "What's going on?" The Duncanville officer said, "I spotted this guy cutting through the parking lot across the street." At this point, I explained the reason I had taken the path to both officers. The Dallas officer asks the Duncanville officer, "What's wrong with that?" To which the Duncanville officer replied, "He exited IH20 and cut through the parking lot." I still had my Home Depot receipt in my front shirt pocket (which is time/date stamped). I handed it to the Dallas officer and pointed out the time and stated that I had not been on IH20 at any time and that I had come from Oak Cliff down Hampton to Wheatland to get to the Home Depot. All four officers huddled together for several minutes. The Duncanville officers got in their car and left. When the lead Dallas officer came back to me he explained that the Duncanville officers had been having lunch at Spring Creek BBQ and saw me drive through the parking lot. The Dallas officer (Hispanic) then told me what he thought really happened. He said that he thought that the Duncanville officers (both white) assumed that the driver (me) was Hispanic because the vehicle I was driving (and there are quite a few like mine) is usually used in lawn service businesses. (I'm not sure what the Duncanville officer said to make him think that because I could not hear their "huddle" conversation.) The Dallas office was very professional, polite and, at the end, apoligized for the Duncanville officer being such a jerk.

Through it all, I never actually took my billfold out of my back pocket (and never presented my DL or CHL). My Glock was in the door pocket with a hand towel over it but a 33 round magazine was in a cupholder in plain sight.

Stuff like this makes my blood boil.
I am glad that it turned out okay. Good idea flagging down the Dallas officer.

Final Score: Dallas PD 1 : Duncanville PD -2

Is that true that the out-of-city PD has no jurisdiction?

Beiruty wrote:Is that true that the out-of-city PD has no jurisdiction?

He can still have powers of arrest outside of his jurisdication.

Edited to update to current link:

http://www.statutes.legis.state.tx.us/D ... .htm#14.01" onclick="window.open(this.href);return false;

Clearly, that wouldn't apply in this case as the stop was based on an alleged traffic violation.

I would be motivated to write a letter to the Duncanville police chief.

ninemm wrote:Clearly, that wouldn't apply in this case as the stop was based on an alleged traffic violation.

You acted like you were intoxicated. You drove erratically across the parking lot ... and the officers thought that you smelled like you had been drinking. After you were stopped, you were yelling and jumping up and down, and they arrested you for PI and breach of peace.

It's more like I was driving so slowly and turned so slowly that I must have had a bunch of illegals in the back. I really think it was a case of profiling a vehicle.

ninemm wrote:It's more like I was driving so slowly and turned so slowly that I must have had a bunch of illegals in the back.

That's exactly my point. Whatever it takes. Like being pulled over for DWB, but in this case DWM.

That's exactly what I believe. My vehicle is registered to an Oak Cliff address and my last name has occasionally been assumed to be Hispanic. I'm sure they had this info by the time I was pulled over as they were probably behind me at the traffic signal for a minute or so.

It looks like some people need to read a little deeper into the jurisdictional issue...

Art. 14.03. AUTHORITY OF PEACE OFFICERS.

...
(g)(1) A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.

(2) A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.

The way I read the CCP, as long as these officers were still in the county their city is in, they're good to go.

The CCP (Code of Criminal Procedure) has a lot of information in it. Most people in here seem to spend most of their time in the Penal Code, which is important, but if you plan to stand there during a traffic stop and argue "juridiction" with the officer, you better know the CCP.

I suggest bookmarking the state site rather than some outdated information maintained by a university.

http://www.statutes.legis.state.tx.us/

KRM45 wrote:I suggest bookmarking the state site rather than some outdated information maintained by a university.

Good idea.

Thanks. That's what I was looking for. I guess that pretty much settles it as far as jurisdiction is concerned except for the fact that they have to actually witness a violation. I think the embellishment he gave the Dallas PD officer (about exiting the freeway and illegally turning into the parking lot) was something he came up with to justify his stop to the Dallas officer.

I agree that it sounds like it was a fishing expedition.

KRM45 wrote:I agree that it sounds like it was a fishing expedition.

I am glad that they didn't "catch" anything.