Abuse of power
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April 12th, 2012 at 12:10 pm
Just another isolated incident.
April 12th, 2012 at 12:16 pm
Yeah, it’s pretty safe to say that whole department is rotten from the Sheriff down.
April 12th, 2012 at 1:14 pm
(Law enforcement officers have to follow the same rules everybody else does,” he said.)
Uhmm. Apparently not.
(Grant said it’s possible the detectives thought Huff was stealing the truck.)
And yet they somehow forgot to arrest and charge him for grand theft auto.
April 12th, 2012 at 2:05 pm
I does highlight the do as we say, not as we do attitude that people with patronage said to the serfs back when, say, Robin Hood came back from the crusades.
I hope the rangers hang em out to dry.
April 12th, 2012 at 2:10 pm
And “Winford and the other deputies are claiming that Huff put an illegal tracking device on the truck.”
Presumably to find it. Though in order to install such a device he would have to know where it was.
And here I used to think that criminals were the stupid ones. Oh, wait…
April 12th, 2012 at 2:18 pm
John A:
Wouldnt matter, as the Texas Code explicitly allows him to do so with the consent of the Bank, which I’m sure he has.
April 12th, 2012 at 2:46 pm
“(Grant said it’s possible the detectives thought Huff was stealing the truck.)
And yet they somehow forgot to arrest and charge him for grand theft auto.
”
I laugh at how shortsighted and stupid these pigs can be when they try to coverup their crimes.
April 12th, 2012 at 3:19 pm
Sheriff played the I wash my hands of this card when he gave it to the Texas Rangers.
I’m sure the come to Jesus speach will bring most of the deputies to cooperate rather than being fired or jailed. Winford is toast.
April 12th, 2012 at 3:47 pm
Gerry is most likely right. It will be handled as quietly as possible. But Winford will probably lose his job (if reported correctly he should) and the other officers will get hard hand slaps (loss of pay for a few days).
It just violates our shared sense of justice that LEOs think the laws do not apply to them. If reported correctly, this is just corruption of the use of authority. The handcuffing is the worst part for me.
And reading the sheriff’s involvement and handing the case to the Rangers seems prudent. He has a few officers who may lose their jobs. Unless it is a large force with an internal affairs unit, it is best to not do this in-house.
April 13th, 2012 at 1:52 am
pretty crazy stuff.
Here is a question. This particular incident took place in Texas. Does anyone have an opinion whether abusive cops are more prevalent in red-states as opposed to blue-states? How about rural vs urban departments? Or is abuse pretty much random?
April 13th, 2012 at 6:32 pm
Folks, there’s a legal process to follow, in every state. It starts with the financial house filing a paper in court, with all the facts of the contract and it’s non-payment on it. I’ve never seen a disputed repo case where the bank didn’t file properly.
Afterwards is where it gets murky with the repo men. That paper MUST accompany the driver and be served when the repo is done. Most states allow the repo guy to serve it. I’ve investigated a lot of repos where there was NO paper with the repo guy, “the office had the paper”. Not legal. No service, no repo. Very strict language in THAT law.
Then, there’s the matter of trespass. Unless the vehicle is parked on a public street, and few are, trespass is required for a repo. If, and that’s a tall IF, the repo guy can back his truck right up to the vehicle, he may just hook and book, and leave the paper. Most states accept THAT.
If the repo guy cannot get the vehicle by simple trespass, he needs another paper, a Forcible Entry & Detainer (FED) along with the repo paper if he’s going to cut a lock or chain to get in. Some states require a Deputy Sheriff to go along on all FEDs, some don’t, but repo-ing a vehicle by force without one is theft every time.
In no case, may the repo guy break into an attached garage that is part of a residence. No FED paper ever covers breaking and entering in a residence. For that, a crime must be alleged, and a search warrant served by the po-po.
That’s the story. If repo fits these conditions, it’s legal, and if doesn’t, it’s a crime.
Yes, it’s really that simple. As a Courthouse Deputy my last three years of Deputy Sheriff service, I did a lot of repo cases. I found that the repo men got very illegal when they were dealing with Hispanics. I’ve had repo guys prosecuted and sent to the hoosegow for breaking into garages, without an FED, and almost always, it’s an Hispanic person they are repo-ing from.
The real abusers in the repo process are the repo-shop owners. They are the ones who send their people out to do illegal stuff, and the repo guy is just trying to earn a (minimum) living with his work, but the owners are all fat-cats, rolling in the dough. They, not the tow-truck drivers, are the ones who ought to go to jail when the law is broken.
April 13th, 2012 at 6:41 pm
BTW, there almost never any need to FED-repo a new Cowboy Cadillac. They almost all have OnStar or similar, and the vehicle can be disabled in place by serving the paper on OnStar. This situation will spread as more and more vehicles are built with the satellite service as a regular feature.
Of course, this can work in reverse. If I was living on the edge, and not paying my 35% interest car payments from Friendly Joe, the Used Car Schmo, I would figure out how to electronically disable the car myself, and whenever I parked it, I would disable it. That way, all the repo guys would ever get is an expensive repair bill on my $1,000 beater, anyway. They don’t get paid if they can’t deliver a driveable car to the bank’s people.