A disturbing encounter with HPD on December 6, 2014.
In the video a man is “open carrying” a firearm. He was detained for 45 minutes by the Houston Police Department on NO CHARGES. The man being detained without reasonable suspicion. Also, the HPD officer erroneously believes that the criminal offense of “failure to ID” can occur when a police officer demands ID before an actual arrest has taken place. This is a completely incorrect understanding of the law. Before the arrest took place, the police officer attempted to erase the video from the person that was taking this video. Additionally, the HPD officer searched the persons smart phone without obtaining a warrant – which has recently been decided to be constitutionally impermissible.
Open carry of handgun in some form is on the verge of becoming law. So, will the advent of the new law give the police the ability to stop anyone who they see openly carrying a handgun? Can they then demand ID just to check to make sure they are not a convicted felon?
Keep in mind – the man that made this video was not arrsted or charged with a crime. However, HE WAS he was handcuffed and put into the back of a police car, until a supervising officer arrived and talked some sense into the two knuckleheads that first encountered this man.
Have you been charged with a crime?
If you are accused of ANY CRIMINAL OFFENSE it is crucial that you have an aggressive criminal defense attorney in your corner. You need someone that will fight for your rights. You need a tenacious lawyer that will put the state to their burden.
Contact attorney Tristan LeGrande IMMEDIATELY by calling 281-684-3500.
Houston Criminal defense attorney Tristan LeGrande