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AUTHORITY OF ARRESTING OFFICER – Not all peace officers are allowed to enforce the Transportation Code.
Request For Evidence Of Authority
If a peace officer turns his emergency lights on, you are required to move over a lane or, if you cannot, you must slow down by 20 miles an hour. If
that happens and the lights are on a police cruiser and the officer does not pull around you, you must construe that the officer is using the emergency lights under Texas Transportation Code 545.421. However, if the officer is not authorized to enforce the Texas Transportation Code under Texas Administrative Code 4.14 or Texas Transportation Code 644, then what?
Official Oppression Then the officer is exerting, or purporting to exert an authority s/he does not specifically have. When I am forced to stop, I am arrested in my freedom of movement and seized in my person for the purpose of the United States and Texas Constitutions. If an officer makes such an arrest and lacks the specific authority to do so the officer had denied me in the full and free access to or enjoyment of a right and has done so in violation of Texas Penal Code Section 39.03 which is considered an act of official oppression and is designated a Class A Misdemeanor in the State of Texas.
Impersonating a Public Official
Since the officer lacked specific authority to enforce the Texas Transportation Code, the officer was impersonating a Police Officer. In Texas, there is a specific distinction between peace officers and police officers. A peace officer is authorized to enforce the provisions of the criminal laws of the State of Texas. A police officer is a person authorized to enforce the Texas Transportation Code. If an officer executes a “Terry” stop while lacking specific authority as a Police Officer in the State of Texas, the officer commits the act of Impersonating a Public Official in violation of Texas Penal Code 37.11 which is a felony in the State of Texas. While the officer may be a bona fide peace officer, at the time of the stop the officer was impersonating a police officer.
Under the provisions of Texas Penal Code Section 22.02(b)(2), if a person commits the act of simple assault as defined by 22.01 Texas Penal Code and
does so while prominently displaying a deadly weapon, the person commits aggravated assault as defined by Texas Penal Code Section 22.02(b)(2)(a).
What We Are Asking For
The only thing we are asking for is the actual authority of the officer to enforce the Transportation Code. The requirements are very specific in law so this should not be difficult. It is not unreasonable to ask that an officer actually have the authority s/he purports to enforce.
A Little Song And Dance
When you file this document, the municipality is not going to want to give up their information. It is a human being thing. We are invading their turf
and they will not like it. This seems to motivate even honest public officials to bristle when we make these kinds of requests.