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Motorcyclist says Dallas crackdown went too far


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DALLAS — It was Sunday of Memorial Day weekend, and Chris Moore — riding southbound on Stemmons Freeway in Dallas in a pack of 50 to 100 sport bikes — was pulled over while traveling below the speed limit.

"I didn't expect that at all," Moore said.

Officers were out in force that weekend, working to prevent another shutdown of a Dallas freeway like the one on Memorial Day weekend 2011 that ultimately led to three arrests.

So why was Moore pulled over?

Dallas Deputy Sheriff James Westbrook said he wanted to see what was on Moore's camera.

MOORE: "Was I doing something wrong? What am I being pulled over for?"

WESTBROOK: "The whole group of you guys."

MOORE: "No. I was not, individually. How can you pull me over?"

WESTBROOK: "The reason you're being pulled over is because I'm gonna take your camera and we're gonna use it as evidence of the crimes that have been committed by other bikers."

More here:http://www.wfaa.com/news/local/Motorcyclist-says-dallas-crackdown-went-too-far-159671765.html

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follow-up report

News 8 asked if the Dallas County Sheriff's Department was concerned about Westbrook's actions that day.

"We are looking into the conduct," said department spokeswoman Carmen Castro. "There has been no official investigation brought forward, but we are looking to determine if his conduct was appropriate for the situation at hand."

"Of course it's over a hundred bikers. Who are you going to pick?" Castro asked. "The ones that are going to help you a little bit more or had the video camera that would've assisted more."

When asked whether a warrant is required for the kind of traffic stop made by Deputy Westbrook, Castro offered no response.

The department released its own dashcam video Wednesday as proof that a group of bikers posed a public safety threat. However, the video did not come from the deputy who made the arrest, and at this point, it does not prove that the biker who was arrested was in any way involved with that group.

more info here... http://www.wfaa.com/news/crime/Dallas-Sheriffs-Office-looking-into-deputys--159806175.html

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I don't know who is more idiotic; the cop for what he did, or the group of sport bikes weaving and holding up traffic. If they weren't out there being a nuisance on the highway, none of this would have happened. It doesn't justify the cop's behavior in the slightest, but it's time riders start taking a little responsibility and quit acting like morons. Like I tell my 7 year old- those looking for trouble usually find it.

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I don't know who is more idiotic; the cop for what he did, or the group of sport bikes weaving and holding up traffic. If they weren't out there being a nuisance on the highway, none of this would have happened. It doesn't justify the cop's behavior in the slightest, but it's time riders start taking a little responsibility and quit acting like morons. Like I tell my 7 year old- those looking for trouble usually find it.

Exactly, if you're going to act like a jackass, then you can't be surprised when you're treated like one !

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- Was his license plate obstructed?

- Does Texas law allow for an arrest for an equipment violation? (you can be arrested for speeding but you usually just get a citation. Refuse to sign the citation and you can be arrested)

If the police become aware that you have footage of a crime then they can take it. normally this would require a warrant but under the circumstances he could easily argue exigent circumstances (the footage could be destroyed prior to the issuance of a warrant) and take the footage pending a judicial review. Of if arrested then the property is inventoried. The police can use any evidence they come into possession of legally. So the question is "Did the police cone into possession legally?"

That will depend on the answers to the questions above.

Apparently the guy got his camera/footage back, right?

This could be a good strategic move by the officer... Given no violence or mistreatment the worst he'll get is a letter of reprimand if he didn't cover all his bases - but now the illegal bikers know there is a risk of the footage being taken if someone is filming so are they less likely to tolerate recording? Therefore less likely to show off?

Or it could be a disastrous move. If a judge rules the stop/arrest unlawful then the footage is fruit of the poisonous tree and cannot be used against the arrested biker - BUT it then creates a cloud of suspicion over what else they are using the exluded footage for. If the footage is ruled inadmissible then they clearly cannot use the footage to bring charges against other bikers - but can they use the footage for general intelligence purposes if it is ruled to have been illegally obtained? For years you run the risk that any biker charged with other offenses can claim the police used the illegally obtained footage in their investigation, therefore any leads generated by the footage are closed off, and any evidence found using those now-closed leads is also fruit of the poisonous tree.

If an officer pulls me over and searches my car without consent and finds a piece of paper listing details of a murder I committed then it is reasonable to assume they will pursue the murder investigation. If the stop is ruled illegal thent he evidence fromt he paper is inadmissible, and all leads coming from that paper (ie the murder scene etc) are also inadmissible. If, at the murder scene, they find evidence that I killed 100 other people then guess what? Inadmissible. All leads from inadmissible evidence are also inadmissible. The only way out of this is to convince the judge that they would have found the murder scene anyway using other leads.

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Exactly, if you're going to act like a jackass, then you can't be surprised when you're treated like one !

Was the guy with the camera part of the group? I have a helmet cam - that doesn't automatically make me part of any group that happens be to near me, nor is it an invitation to arrest me just to get my footage.

If I catch evidence of a crime on my gopro and the police ask for it I'll give them a copy.

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but can they use the footage for general intelligence purposes if it is ruled to have been illegally obtained? For years you run the risk that any biker charged with other offenses can claim the police used the illegally obtained footage in their investigation, therefore any leads generated by the footage are closed off, and any evidence found using those now-closed leads is also fruit of the poisonous tree.

If an officer pulls me over and searches my car without consent and finds a piece of paper listing details of a murder I committed then it is reasonable to assume they will pursue the murder investigation. If the stop is ruled illegal thent he evidence fromt he paper is inadmissible, and all leads coming from that paper (ie the murder scene etc) are also inadmissible. If, at the murder scene, they find evidence that I killed 100 other people then guess what? Inadmissible. All leads from inadmissible evidence are also inadmissible. The only way out of this is to convince the judge that they would have found the murder scene anyway using other leads.

If you're searched without consent, or if the search is done unlawfully, nothing found by said search is admissable as evidence.

Ends don't justify the means, ever; this officer unlawfully detained the motorcyclist, illegally siezed his equipment and footage, and nothing on the tape is admissable as evidence for any crime as a result of it. Stupid, stupid cop.

Having video evidence of being improperly arrested is just the icing on the cake. Almost as bad as the footage that came out of that dumbshit detective who hopped out of his unmarked car up in New England with his gun drawn to apprehend that guy on the exit ramp, the one who made all those waves for the "improper recording" charges.

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Almost as bad as the footage that came out of that dumbshit detective who hopped out of his unmarked car up in New England with his gun drawn to apprehend that guy on the exit ramp, the one who made all those waves for the "improper recording" charges.

i remember that, that was some bullshit, too... I'd have rocked the throttle and gotten the hell out of there, some dude tries to box me in and pulls a gun, I'm gone, I'll take my chances.

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This is going to be a fun one to follow. I saw no reason for him to be pulled over, hell I could see the plate as soon as he got off the bike.
My guess is that all charges will be quietly dismissed and Mr Officer will get reprimanded ;)
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My guess is that all charges will be quietly dismissed and Mr Officer will get reprimanded ;)

I doubt anything will happen to the officer. Just one more thug with a badge in the brotherhood of raging bullies.

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I doubt anything will happen to the officer. Just one more thug with a badge in the brotherhood of raging bullies.

I have a couple friends who are police officers, and they are pretty cool guys...

sure we seem to interact with the bad ones more often than the good ones, but i don't think that's indicative of the overall police population.

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I have a couple friends who are police officers, and they are pretty cool guys...

sure we seem to interact with the bad ones more often than the good ones, but i don't think that's indicative of the overall police population.

I don't mean to sound like I think all LEOs are assholes, but I venture to say the majority of them are. And I say this with nothing more then 2 speeding tickets on my record, so it is not that I am generally a trouble maker and blame LEOs because I can't follow rules. I say this based on growing up in a LEO house, and seeing and hearing them talk about the public in general.

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The deputy is now under investigation.

I always give cops the benefit of the doubt because I know what a tough job it is but this one was out of line. He just let his emotions get the best of him.

News 8 asked to see Westbrook's dash cam video. We were told no video exists and therefore cannot be used in the internal affairs investigation that is now open.

yea, right :nono:

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