Texas Police Allegedly Arrest Mother Who Simply Asked To See Warrant Before They Enter Home To Arrest Son

PrisonCellThere is an extraordinary case out of Texas involving a mother who was reportedly arrested for simply asking to see a warrant before police could enter her home to arrest her son.  What is most remarkable to this story is that the family’s lawyer told the media that the Slaton Police Department was only willing to apologize if the family waived any right to sue it for the unlawful and abusive arrest. That demand alone, if true, should result in the immediate termination of the police chief as well as the disciplining of any prosecutor who conveyed the demand in my view. Citizens should not have to trade away legal rights to receive an apology for allegedly abusive police conduct.


The mother said that she was aware that there was a criminal complaint made against her 11-year-old son and simply told police “I will release my son to you upon viewing those orders.’ She says that the officer responded:

“He said, ‘This is how you want to play?’ He took two steps back, turned around to the officer and said, ‘Take her.’ They turned me around, handcuffed me, and took me in.”

She spent the night in jail and police left the boy at the house. He was never arrested. Her lawyer says that it turns out that there was no warrant since the encounter occurred on May 29 but the directive to apprehend was not signed until May 30.

They are considering litigation and I cannot imagine why they would not sue based on these facts.

The police website pledges to “Preserve for all citizens, the rights guaranteed by the U.S. and Texas Constitutions.” According to this family, however, that is only if citizens promise first not to sue for the denial of those rights.

36 thoughts on “Texas Police Allegedly Arrest Mother Who Simply Asked To See Warrant Before They Enter Home To Arrest Son

  1. I AM THE LAW! Police officers are regularly legislating new crimes on the spot and enforcing those laws against citizens who have the gut to question them. Now that all police officers see themselves as heroes who can break the law at will because they are police officers, none of us is safe in our homes or property or even our person. Overblown? I don’t think so. Being arrested is not fun or cheap. It carries with it a whole host of costs and hazards that are, in effect, punishment. (That is why they do it. The charge might not stick but by the time you get out, you’ll never question a police officer again.) Police officers should be held both civilly and criminally accountable for their actions along with their superiors. Until that happens nothing will change.

  2. I hope that the woman goes to the nearest US Attorney and files charges against them to hold them criminally liable for their actions. It seems that in the right wing view, the cops only need a warrant to take your gun, and even then many would fight against that, but not to take you or your family members.

    It is even more outrageous that a police officer would demand a letter promising not to sue. Those cops need to lose their jobs at the very least, and lose their certification as law enforcement officers.

  3. I applaud her actions and sacrifice … can you imagine quietly turning your child over to these kind of men?

  4. I’m not using Pigs to describe cops, as some people do. In animal farm pigs are the ruling authority. I have huge respect for 90% ? of the good men and women that put themselves out there everyday to keep a semblance of order and safety for us 24/7.
    I hope someday the police will learn that if they police themselves and actively pursue discipline and if necessary fire, the rogue abusive officers in in their force, the public respect for all LEOs would rise dramatically.

  5. David, there is a problem with the cops policing themselves. The good cops do nothing because having the abusive ones around cows the rest of us to not contest any police actions, and they think it makes their job easier. Then there is the problem of the blue wall of silence of not turning in your buddy or partner. While I can understand the idea or sentiment, when it comes to outright abuse and violations of law, that line needs to be drawn within the ranks, not enforced from outside. Otherwise it corrupts ALL cops.

    IN short, there needs to be an outside agency such as a civil review board not with the DAs office since that office is very dependent on the very people they might have to prosecute.

  6. One aspect of the cop/prosecutor/judge superiority complex is the fact that the cops wear their uniforms, the prosecutors sway around in their authority and the judges sit up high in robes. Most of them were in the military service and get their superior attitudes from the inferior/superior complex of that set up.
    Before she sues this lady should go to the government which supervises the police. If it is a municipality she should go to the Aldermanic meeting with about fifty neighbors and ask to see the warrant. Show Me The Warrant the tee shirts should say. If there is no warrant and no promise to play by rules of law then start work on replacing the Aldermen at the next election and demand the ouster of the Chief.

    Then she should carefully search for a lawyer who is versed in civil rights law. She should not go to some schmuck who advertises for divorces and whatnot. Lawyers who are well versed in civil rights law are few and far between so be prepared to go far to hire one.

    In the lawsuit sue the state actor who violated the civil rights to be secure in the home, the supervisors, the chief and if it is a municipal police department then the municipality itself. This is in federal district court under the civil rights act and one can get actual damages, punitive damages (against all but the muni), declaratory judgment and injunctive relief, and attorneys fees. Stick it to them. The only thing that they understand besides the awesome aspect of uniforms is the threat of having to pay money or get fired. 42 U.S.C. Sections. 1983, 1985 (conspiracy), 1988 (atty fees). I reiterate, find an attorney skilled in this and not divorce or bankruptcy. These cases are filed in federal court and lawyers who take these cases on will take cases from the country far from the courthouse but you might have to go to the city where the courthouse is located to find the right lawyer. JoeBob in Podunk may not be up to it. Ask the ACLU for a referral.

  7. I thought Texas was the true land of the free? Or thats at least what conservative statists say when they debate liberal statists. The sad part is that people will ignore this or call the mother a “criminal” for interfering with the government thugs

  8. I was held by DoJ without a charge and required to file a motion to dismiss a verified complaint as a condition of staying out of jail.

  9. I bet that little false arrest will cost the taxpayers of Staton, TX somewhere between $30K to $50K plus defense costs. That should asswage the asses who arrested her. Apologies are fine; hitting the pocketbook is better.

  10. This reminds me of the incident I wrote about a couple of weekends ago about the 70 year old glider pilot who was arrested and held when no crime had been committed. He had to sign an agreement not to sue the local authorities for false arrest in order to get the so-called charges dropped. I just heard from an old acquaintance who read that story. He says he is getting word from many sources that police and courts are doing that regularly. The latest thing they are doing, in addition to forcing the arrested person to sign a hold harmless contract, is to add an agreement the arrested person will not go to the press or blog about the illegal arrest.

    We literally have no idea how often this happens because of these illegal agreements. What happened to a the notion that an agreement signed under duress is null and void?

  11. I just got back from Houston and I am glad that I did not have to “ask” to see a warrant! I agree that this family should sue this policeman and his supervisors and the city for this atrocious activity.

  12. I wonder if the willingness of the city to apologize if the family didn’t sue is an admission of guilt that can be used during the civil trial.

  13. Nal,
    I wonder what evidence do they have of that offer to apologize, other than the verbal discussion between the attorney and city?

  14. Nal: “I wonder if the willingness of the city to apologize if the family didn’t sue is an admission of guilt that can be used during the civil trial.”
    ~+~
    This case falls under the legal standard of “Slamus Dunkus”.

  15. Once again the ignorant semi literate jackbooted police Nazis trample on a citizens right to be free from unlawful arrest. These fascist pigs will use their powers to arrest or harass any American who is brave enough to challenge their abuse of power. But, of course, no one will ever fire or even discipline these rogue power mad cops

  16. Generally an offer to resolve a dispute is not admissible to establish liability. An offer to apologize in return for an agreement not to sue seems to fall into this category, though I am not familiar with Texas law specifically. In some states an apology itself, whether spontaneous or not, is inadmissible to prove liability. In order to establish liability on anyone beyond the specific officers involved under section 1983, the plaintiff would have to prove that there was a policy or custom of committing the type of violation at issue or that the municipality/supervisors knew that the offending officer committed such acts and failed to take reasonable steps to remedy the conduct.

  17. “What is most remarkable to this story is that the family’s lawyer told the media that the Slaton Police Department was only willing to apologize if the family waived any right to sue it for the unlawful and abusive arrest. That demand alone, if true, should result in the immediate termination of the police chief as well as the disciplining of any prosecutor who conveyed the demand in my view. Citizens should not have to trade away legal rights to receive an apology for allegedly abusive police tactics.”

    Nal thought of the same question that I did. This is to my mind and admission of guilt and as such already proves the case for false, egregious arrest.

    Beyond that though this was supposedly and arrest warrant for an 11 year old boy. what parent wouldn’t want to see it? As it turns out the boy still hasn’t been picked up, which indicates that there charges against him might not have been that serious. This is merely the latest in a trend of police abuses and while I think that officers who do this are in the minority, as Randyjet wrote they are protected by the wall of silence from the police who adhere to the law. When will those policemean who believe in the law learn that their silence does them harm and does the laws they are sworn to enforce harm also?

    So much of this abuse has been documented on this blog, that to say I am shocked by each new trangression would be as ironic as Adoplh Menjou in “Casablance”.

  18. Why is it that so many ignorant cops are giving the good guys a bad name. Regardless as to all of the other criteria (race,etc) this is pure bovine fecal material. Texas does have some honest and trustworthy police officers, can’t say too much about other government entities else where.

  19. Catholic priests receive a spiritual trust and are noted as spiritual authorities. LEOs receive a public trust and are noted as legal authorities.
    I see a valid comparison here to the travesty of rogue priests and rogue cops. We common folk are expected to respect and “give” a higher regard to the men and women that choose and earn these roles in our society.
    I naively state that priests and police should have some type of mission statement of the goals of their profession. They should have a panel of their peers hold them to these Ideals of their profession, and have to defend and be judged and disciplined for actions abusive of and contrary to this higher ethical standard. This sounds simple writing it, thus my use of naively.

    The practice of cover up, deceit, lies, and false witness, is “double bad” when authorities ensconced with the public trust are the lying dirtbags.
    I see too many similarities between the heirarchys of both professions, willing to protect their lying deceitful immoral dirtbags.
    This damages the faith trust and respect of ALL involved.

    Openness transparency civil discussion and consequences are necessary components of a free open fair democratic society. .
    ….. We are equal under Law. Hows that for a Mission statement?

  20. People are just looking for an excuse to sue the police — who have a tough job. Why don’t they just move to somewhere where they have a police state — and see how they like THAT.

  21. With cops like this, THEY DO NOT HAVE TO MOVE! Unless the cops are nailed, they already live in a police state.

  22. Mr. McWilliams: Isn’t using legal procedures to object when officers act outside their lawful authority necessary to avoid becoming a police state?

  23. When people ask why people in the US tolerate these abuses by government thugs, I’ll simply point to people like Bill McWilliams who view agents of the state as angels.

  24. I’m surprised they didn’t charge her with something for leaving her child home alone while they held her.

  25. “What is most remarkable to this story is that the family’s lawyer told the media that the Slaton Police Department was only willing to apologize if the family waived any right to sue it for the unlawful and abusive arrest.”

    The request for dismissal of charges of unlawful and abusive arrest is a clear cut admission of guilt. It would stand up in any court of law. If only they would press charges and bring it up.

  26. It seems as though Mr. Bill McWilliams, likely a false name, and poorly at that, is a police-state, NWO troll. I guess he is not a fan of German history prior to World War II.

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