Tuesday Tip: Be Reasonable with Police Officers

Photo Source:Daily Mail
On May 2, Scott Richardson was pulled over for speeding in Texas. In a video that can be found linked below, Richardson is asked to identify himself with a license, but he refuses and states his perceived rights saying that speeding is not a crime in Texas. Eventually, the police officer gets frustrated and breaks Richardson's window and arrests him.

The video's description, presumably written by Richardson, refers to the supreme court case ruling in Brown v Texas that states it is against the 4th Amendment to detain a person and require him to identify himself because the officer lacks any reasonable suspicion that the person was engaged in criminal conduct.

Photo Source:Daily Mail
Richardson was charged with failure to present his driver's license under lawful demand, driving with an invalid license, and having an expired license plate. The police department has said that they would only have given Richardson a warning of speeding and improper lane change if he had cooperated with the officer.

Comments from Allen:
Mr. Richardson, don't mess with Brown v. Texas.  That case involved police officers desiring to question pedestrians not suspected of having been involved in any criminal activity.  The police had no constitutional basis to stop the men in that case; they just wanted to question them about what they were doing because they looked suspicious.  Just because an officer wants to do something, does not mean he has the right to do it.

You, sir, were speeding (50 mph in a 40 mph zone) and driving a car with an expired license plate.  The police had every reason to stop you. I would say that by refusing to identify yourself, you were "obstructing or delaying" a police officer making a lawful inquiry about your violation of a traffic law.

I think the cop was probably justified in breaking your window to arrest you for "obstructing or delaying," a misdemeanor, in addition to ticketing you for the infractions of driving a vehicle with an expired license plate and speeding.

All you had to do was talk to the cop.  It was not a big deal; you would have been handed your ticket and been free to leave.  Now you have a broken window, some jail time behind you (and possibly more to do later), a criminal record, extra fines, probation and attorney fees.
I don't know if Texas has a law against being criminally stupid; if they do, you might want to move to another state.

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.


Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Sources for more information:

http://www.dailymail.co.uk/news/article-3113132/Texas-cop-smashes-window-driver-refuses-hand-license.html

http://www.myfoxtwincities.com/story/29252178/video-officer

 http://www.fox4news.com/story/29249989/video-officer-smashes-window-after-driver-repeatedly-refuses-to-comply

http://en.wikipedia.org/wiki/Brown_v._Texas

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