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. 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

  2. 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”.

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

  4. 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.

  5. 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.

  6. 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?

  7. 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.

  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 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

  10. 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.

  11. 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.

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

    1. 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.

  13. 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.

  14. 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.

Comments are closed.