You kidding? He ain't caught anything worth eating!
Cut bait, dude!

Yeah, Luminous: "Policing these forums is a full time job for you guys ain't it Ernie? You just never know when you will catch someone walking on the wrong side of the road."

It's a dirty, continuous quest for "us." But someone's gotta do it. And it sure beats working for a living, huh?

So. How's the fishing? Catching anything worth indicting?

:-)

Ernie

WOW!!!

Cannot believe how many people did not know that there is a correct way to walk along a road and ride a bicycle on the road, and they are opposite. Somebody needs to inform the idiot that rides his bicycle on 87 north of Port Lavaca in the dark in the mornings.

I learned this way, way back in early grade school. And I learned it was not only correct ways but they are also against the LAW.

No wonder many don't understand much more important laws of our land nowadays.

Give it up So.Tex. Your still grieving over your buddy, Ratcliff who YOU thought was a decent lawman.

Romonak....I stated that "IF" all the facts were in the newspaper account it would appear the search was illegal......Certainly if there were other suspicions this would have been mentioned in the article....however, in this town...maybe not.

For as many cases that were rejected due to a vast array of reasons I don't think I can assume every VPO knows the constitution & how it applies exactly to their job.

With that being said....anyone that would consent to being searched while "holding" should be locked away for life if for no other reason than to spare our already tainted gene pool.

Southtexas...you are assuming that you know the officers searched based on the original reason for the stop. This may not be the case. Beleive it or not, our VPD officers DO KNOW what constitute a legal search. Chances are, after LAWFULLY detaining him for traffic code violation, they built further reasoning which allowed them to search the person, OR perhaps the subject consented to being searched.

You have no idea what happened...so stop making ignorant statements.

Fortunately we do not live in a police state, and no one is above the law.

Not everyone is into hero worshiping, and some do think a policemen has to abide by standard procedures. Showing ID and stepping outside the car are reasonable request that no one should object to….Now, unwarranted harassment will not enhance community relations ,and every large police force, knows this… Respect flows two ways…

I can remember being stopped outside of Gregory-Portland several years ago for speeding. When it got to the part where the highway patrolman started lecturing me, I told him to dispense with the lecture and just tell me where to sign… I was within my rights…Works both ways.

The newspaper article was vague at best, and the posters responded with their opinions... After all it remains a public opinion forum.

fercryinoutloud... all this over walking on the wrong side of the street?

The laws are what they are. If there's still a law on the books against spitting on the sidewalk and you're caught doing it then work on changing the law. Don't go gettin' all pissy because the police decided to enforce it.

If the policeman stops you and asks for your ID, give it to him. If he asks you to get out of the car, get out. If he asks you to take off all your clothes *then* you got a problem. Up until then the problem is *yours*, not his or hers.

All this complaining about violating this guy's 4th amendment rights is nothing but speculation and rebellion. Guess what? The cop doesn't have to rationalize his behavior to us and he sure as hell doesn't have to do so in the newspaper. If the "victim" has a problem he has every right to complain to the judge and the cop has to explain his actions *in court* - not in the newspaper. When I hear of the victim filing his civil suit I'll worry about whether the cop overstepped his bounds. Until then I'll just assume the smell of burning leaves or the bong in his hand was sufficient probably cause to motivate the cop to perform a search.

And Luminary:"Pulling a post off this board doesn't require any creative effort."

Obviously putting one ON here doesn't either in your case.

Ernie

The O. J case where the dream team made the Los Angeles police force look like the Keystone cops in front of the whole world. Procedures were thrown out the window in that case.

But in fairness, sloppy police work and all, it all came down to the jury not understanding or being swayed by the DNA evidence.

I was addicted to that jury trial...The trial of the century.

Mike...You are correct about a good defense lawyer getting his guilty client off because of bad/sloppy police work. Think back several years to L.A. and O.J. The police must dot all the i's and cross all the t's -- especially at three in the morning. They act in our name and I don't want REAL criminals going free because some cop either didn't know or didn't care about constitutional requirements and the procedures that must be followed.

Hello wayward
It doesn't happen,some of the time the suspects are belligerent, incoherent, and eagerly looking for a fight, it takes quite a bit of restraint to be Joe Friday.
We have all seen or heard either by experience, hearsay,or some other type of findings , where it went completely the opposite way.
I did that mean that literally, that we don't care what happens at 3 a.m.,but unless a high profile person is arrested ,or someone is severely beaten we will never hear about what happens in the wee hours of the morning.
I do agree procedure should be followed at all times,because a good defense attorney will get his guilty client off for sloppy police work.
Hey, I'm with you on the fourth amendment,and  I get just as upset when it is abused at the local,state or federal level.

Whatcha bet the case is tossed? Walking on the wrong side of the road would never be cause for searching someone and it shouldn't. This is exactly the sort of thing that Tyler was complaining about (boy am I gonna cause a fire storm with this one)..but the truth is the truth.

Unless there are conditions that are not mentioned in the article....which very well might be the case. The police wasted time (which is money) hassling this guy walking on the wrong side of the road, completed what will probably be considered an illegal search and come up with a joint! WOW....another dangerous criminal off the street!

The guy was taken to jail (more time, more money)...and most likely the case will be dropped because of the search. And Tyler is supposed to prosecute this guy? Give me a break?

Mike...As a citizen, I very much DO want to know what goes on at three in the morning. I very much DO want all the i's dotted and t's crossed at three in the morning just like at three in the afternoon when witnesses abound. I'd far rather some dopers get away than have the police, with the power of the government behind them, stopping and searching honest, law abiding citizens only on the idea that perhaps he's doing something he shouldn't. Now, something I hadn't considered in my previous posts; if the cop simply asked this guy if he could search him and the guy said yes, then the Fourth Amendment protections were waived and the search was okay. If that was the case, then the guy should be charged with the walking violation, the drug violation and being stupid in the first degree for agreeing to be searched knowing he had pot in his pocket.

I think it's more about “the ends, justify the means justice” versus good police work.The ends justice , can mean that the police would have to perhaps hassle several innocent citizens looking for reasons to arrest… It could be, being observant, well trained, and experienced enough to apply all these good traits to make a good arrest.
A case could be made for both.
As citizens, we don't want to know what happens at 3:00AM  in the morning, but in broad daylight and in front of witnesses , all the i’s have to be dotted and the t’s crossed.

Shaylee...he was, as it turned out, breaking the law but except for the walking part it was not plain. The cop stopped him for walking on the wrong side of the street. This was probably somebody for whom they were looking for an excuse to stop and he gave them one. Now, as to the drug charge, unless he had it in plain sight, what did the police use as probable cause to search him? You remember the Constitution? We studied IT in school, too. The Fourth Amendment says we all are to be safe from unreasonable searches and seizures without a warrant from a judge authorizing the action by the police and the warrant must only be issued upon sworn statements from the police that there is probable cause for the action and it must specify what is being searched for and the thing or person to be siezed. If the cops are going to claim that simply walking on the wrong side of the street gives them cause to not only stop a citizen, but also search his belongings then we are further along the slope to a police state than even I thought possible. No, I wouldn't be complaining that he was let off with a slap on the wrist in this case. Unless there was actual probable cause to search this guy, I think the case should be tossed. Now, perhaps the Advocate can investigate this case further and report what the cop felt he had that gave him probable cause to search the guy. If it's reasonable, I'll be the first to change my opinion, but I've gotta see that cause first.

OMG! What part of criminal act do most of you not get? He was breaking the LAW plain and simple. It does not matter if he was walking on the wrong side of the road or committing murder. Wrong is wrong. If my memory serves me correct we learned in elementary school to walk towards oncoming traffic. That is so the cars, trucks, SUV’s and all can see you and you can see them. Come on people leave the officers to do their jobs and quit dissecting the way things are done. I can bet those of you who are complaining that an alleged criminal was wrongfully stopped would be the first to complain that he got to light of a sentence if he got a way with a “slap on the wrist” the VPD can not make all in Victoria happy so they don’t even try, they just do their jobs. Have a great Friday!

At the minimum of once a month, the police are busting meth labs. And I agree that this is an EXTREMELY dangerous drug! It's made out of chemicals normal people wouldn't keep in their house muchless put in their body. The way it is made is hazardous and sometimes deadly. Using it --- It's almost always instantly addictive and can cause instant death....

I'm glad that VPD arrested this guy.... It may have been a person who they'd been watching before, a known junkie.... who knows... it's not like the cops are bored and decided to pick on this poor pedestrian...

You people who are bad mouthing the Law Enforcement in this town would sing a different tune if someone were breaking into your house, or you'd been assaulted or otherwise needed assistance. You should walk a mile in their shoes before bad mouthing them! Not only do they issue traffic violations, but they are among the first responders to traffic accidents. Maybe they will be the one who pulls your teenaged drive out of the vehicle, administer first aid and save their life.... Maybe they will be the one to knock on your door and tell you of the death or injury of your loved one. LE is there when your boyfriend or husband is pounding on you again... or when your little one disappears --- They are there when you need them, even if you don't know you need them. They are doing their jobs!!!

Sailor...walking on the wrong side of the road may have been probable cause for STOPPING him, but what was the probable cause for SEARCHING him? Unless he's gonna be arrested for jay walking, what was the probable cause for the revenue agent to search him? Hmmmm? The Fourth Amendment is there for EVERYBODY. How is it reasonable for a cop to search someone stopped for walking on the right (as opposed to the correct) side of the road?

Oh, and onlooker, it wasn't crack....it was only pot. I know that I certainly feel safer to know that a major crime wave has been nipped in the bud.

Sotex: you're making way too much sense....

The continued criminalization of pot is crazy, but profitable for politicians and drug dealers. Drug dealers for obvious reasons, and politicians to give them a "demon" to attack and keep us from realizing we are getting hosed.

Legalize Pot.
Tax it as we do alcohol and license vendors the same.
Don't walk, skip or skeedattle down the wrong way on a roadway.

Life would be great!

I have thought the exact same thing texasmom, I really think Luminary might be Tyler! I've discussed it with many people who have thought the exact same thing.

Just think if the police spent the time and money they wasted busting this guy for having a joint in his pocket and walking on the wrong side of the road on something important like the numerous meth labs running in this town....killing kids, poisoning small children, making houses uninhabitable.

Better yet what if you just made pot legal, taxed the crap out of it and then used the money to not only get rid of meth labs but bust some crack cocaine dealers, maybe actually do something about the pipeline of drugs pouring in from Columbia and the far East.

Nahhhhhh.....makes too much sense.

Well sailor I agree with you! I have to say if i see somebody suspicious roaming my neighbor hood I pick up the phone and call the non emergency line. Its always good to be safe than sorry. It could be someone made the call. We don't know all the facts. Luminary sometimes i wonder if you are not Tyler~!
 

Exactly onlooker, you worded it better then I did. I'm glad you at least have two brain cells to rub together here, unlike most people.

What part of HOP OFF did you not get? (I am now raising my eyebrows looking at your hostile post to me & hoping Chris understands my wink wink.) You are one who refuses to look at things objectively....you also have angry outbursts when not getting your way....yet you are the first one to scream & cry when someone you don't agree with disagrees with you. You can't have it both ways.

Why on earth did the police do this? If they had just let the guy be, he would have went on his way, used his dope, and hopefully broke into someone's house, business, or car to find something to steal and sell for his next fix. Darnnit police, quit doing your job and let the crack heads continue to run rampant here already!

I got it sailor....still doesn't make it right. Hop off already.

So what is YOUR idea of suspicious? Suspicious is relative & you cannot search people based purely on a suspicion/hunch/telepathic communication/vision/hallucination, etc. Hope you are never confused with being suspicious...you may not be so gleeful when it is you being searched.

They use "walking on the wrong side of the road" as an excuse to make contact with/search this person. He was obviously a suspicious looking person, I call that being proactive! Way to go VPD!

OMG I'm being judged & I failed! I must go end it all....I am a waste of space!

Actually I think I am being singled out & picked on. Maybe I'll go cry to my daddy.

Yes, I agree Chica but look at what you started…..LOL
1) Boring TX Transportation Codes.
2) Lectures on the proper way to receive a citation.
3) Fishing stories
4) Civil liberties discussion
5) Pro-police versus anti-police
All because you were very observant in noticing that obscure law being used.
And with that a good night.

It bothers me a little that a guy walking on the wrong side of the road gets stopped and searched. I don't agree with doing drugs but if the PD has time to stop guys walking on the road (didn't state where, what road, etc.) I think their time would be better served stopping people on Navarro who use the left turn lanes for merging into traffic and even worse use them as an active traffic lane. It may be easier to stop the guy walking and arrest him after finding drugs but in my mind, as I travel Navarro several times per day, the 3 ton SUV doing 40 MPH in the left turn lane has much more potential harm to society then the guy walking down the road with 2oz of pot (To Protect and Serve). To this date I HAVE NEVER seen a police officer pull someone over for using the left turn lanes illegally. And while on the subject I have yet to see anyone stopped for not pulling over (yielding the right away) to emergency vehicles. Just last night a engine truck and ambulance had to alter their pathway (with lights flashing and sirens blaring) because a PU truck on Navarro that was facing the oncoming vehicles didn't pull over or even slow down. Are we catching the little ones and letting the whoppers get away?

Thanks Mike, only idiots get riled up about opinions in a blog.

Maybe "wrong" was skipping down the road, and the PD thought that was just "wrong"!

If I'm walking backwards down the road, am I going the wrong way?

BTW, it was suspicion of having not definately having. So yea, it was the wrong side of the road thing.

Well if walking on the wrong side of the road is a crime then I am guilty & should be locked up as well. It's so easy to justify this arrest until the shoe winds up on the other foot. You can make up enough probable cause to search a ham sandwhich, thats what bothers me.

Maybe the guy was walking backwards on the road........or failed to yield to an armadillo.....

These guys should investigate the DPS and FBI to make sure they're doing their jobs....

Thanks Chica, for having  a sense of humor and not wearing your feelings on your sleeve....

There is a law that states what side of the road a person is to walk on.If he wasn't following the rules then the police had every right to stop him.This man should have walked on the correct side of the road if he didn't want to get busted with the crap he had,dummy.So not was he only breaking one law but another as well.I don't see where the officer/s invaded this persons privacy one bit.He should have took sometime learning the law instead of breaking it.

I'm not willing to trade less than 2oz of a controlled substance being removed from the street in exchange for my right to privacy/personal freedom & questionable search.

Luminary guess it doesn't matter that they found illegal drugs.

I guess the police don't believe in privacy & personal freedom. If his illicit substance was not in plain sight the cops had no right to search him on a bullshit charge like that. Hope someday a cop doesn't decide he doesn't like the way you look & decide to trump up some charge to search you. Thats all I'm saying.

i think romonak had it almost right. The cops saw somebody they knew/suspected did drugs and found a reason to get close enough to him to search him. They figured he had drugs on him and they were right. Profiling? maybe but that is par for the course in any law enforcement, they just have to make sure they have another reason to get close enough to see if there is real criminal activity.

The guy got rousted.

you are so right Mike. In Goliad, I guess I need to find out which side of the tree in the road you have to walk on.

Don't want to break the law there for sure....

Luminarys post does make perfect sense. He was arrested for walking on the wrong side of the road & then found to be in possession of drugs & paraphanelia. Now if they knew he had drugs they wouldn't have felt the need to arrest him for the silly thing they did. Now my question would be why did they feel the need to arrest him for something so stupid to begin with? Did they actually see drugs on him or were they profiling? Since this is the first time I have ever heard of somebody being arrested for something so mundane I would suspect the latter. I mean, for crying in a bucket, walking on the wrong side of the street is what a class z misdeamenor? The cops are off the hook.

Thanks for clearing that up Sailor. You almost have to be a lawyer to know the things you can't do. I had no idea I had been such a criminal in the past! I always walk on the side of the street where I can get the furthest away from the vehicles.

Well nooooooo....... not everything.. haven't you read some of the threads lately..hehhehe
because i have seen some pretty dumb stuff like the other day a guy was riding his bike against the traffic with his cute little girl about 8 month old in the bike seat.. and cars swooching and going around him.. but he could careless..what must he been thinking ...oh well...

Yes Chica, there is such a law. Though officers usually only use this as probable cause to stop someone they would like to question further. It's only a Class C Misdemeanor, but when the guy was found to have drugs on him, they prolly figured it would be easier just to go ahead and arrest him on the charge that he was originally stopped for.

Relax Chica,not in Goliad , because by the time you get back on right side of the street you will be out of town....LOL

Whoa! You can get busted for WALKING on the wrong side of the road? There's actually an illegal way to walk down the side of the road?

VICTORIA – A 22-year-old Victoria man by officers Wednesday on suspicion of possession of less than 2 ounces of marijuana, possession of drug paraphernalia and failing to walk on the correct side of the road.