Cuff 'N Stuff
The Internal Newsletter of the Wise County Sheriff's
Department
09-08-00
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Cuff 'N Stuff 09-08-00 |
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Dumb CrooksTM I didn't steal that VCR. Honest! I am a correctional officer in West Virginia. About two years ago one of our frequent visitors was arrested for petit larceny. He was arrested for allegedly stealing a VCR from a residence and thus entered into our care. Remember that this charge is a misdemeanor offense because the property in question was valued at under $200.00. When the inmate was transported to the Magistrate court for arraignment he was, of course, asked how he was going to plead and why he wished to plead that particular way. This is exactly what he told the Judge: " I plead NOT GUILTY Judge, honestly, I didn't steal the VCR. He gave it to me because he owed me for crack." Needless to say our frequent visitor is now in the State Penitentiary serving time for felony drug charges. Man Steals Mom's VCR From the Royal Oak, Michigan Tribune: Hazel Park police were suspicious when they saw a man carrying a heavy satchel dash across Eight Mile Road in between speeding cars. Officers said when they stopped the man, he told them he was in a hurry because he had just stolen a VCR from his mother's home on the 1700 block of East Marshall in Ferndale and wanted to trade it for crack cocaine in Detroit. Ferndale police checked with the 31 year-old man's mother, who reported her VCR had been stolen, police said. The man is charged with larceny from a building. Copyright ©2000 Dumb Crooks Www.DumbCrooks.com Used with permission
Legal Issues - Detention and Consent to Search BEHAVIOR JUSTIFIES DETENTION AND LEADS TO CONSENT TO SEARCH. An officer saw the defendant change lanes on an interstate highway without signaling. The officer stopped the defendant and asked for his driver’s license and proof of insurance. The defendant appeared nervous and was shaking. He paced back and forth, crossed and uncrossed his arms, and continually counted the change from his pocket while waiting for the officer to check his license. Due to the driver’s behavior, the officer asked him where he had been. The defendant replied that he had been in Dallas, but contradicted himself three times regarding the length of his stay. He could not describe where he stayed in Dallas, although he claimed to have left only three hours before he was stopped. Based on the location of the stop, and the defendant’s description of his route, the officer concluded that it should not have taken the defendant three hours. The officer called for a backup officer and requested permission to search the defendant’s car. The defendant agreed to the search, and the officer found more than 100 pounds of cocaine wrapped in bundles and hidden in suitcases. After being arrested and give Miranda warnings, the defendant admitted in a videotaped confession that he had been paid to transport the cocaine. In a motion to suppress, the defendant contended that the officer was not justified in continuing to detain him longer than necessary for the traffic stop, and that any consent was involuntary. Holding: A traffic stop is a “seizure” for purposes of the U.S. and Texas Constitution. At least, reasonable suspicion must exist to justify the stop. Reasonable suspicion depends on “specific reasonable inferences” the officer is entitled to draw from the facts in light of his experience. From the totality of the circumstances, the facts known to the officer at the time of the seizure must suffice to “warrant a person of reasonable caution in the belief that the action taken was appropriate.” An officer who has a “reasonable basis” for believing that a motorist has violated the traffic laws may detain that person. In this case, the officer saw the defendant change lanes without signaling. That observation was sufficient to justify the initial stop of the defendant. Once the defendant was stopped, the officer noticed the defendant’s nervous behavior, which continued during the stop. The defendant refused to look at the officer when he was speaking with him, and he gave contradictory information in response to the officer’s questions about where he had been, where he was going, and the purpose of his trip. All of these facts which became known to the officer, taken together, were sufficient to support an objective, reasonable suspicion that the driver was engaged in some kind of unlawful activity. When the officer asked if he could search the vehicle, the defendant initially said he would rather the officer did not search. A short time later, after the backup officer arrived, the defendant was told that a drug dog was being brought to the scene, and if the dog alerted on the car, it would be searched. If the dog did not alert, the driver was told he would be free to leave. After the officer explained to the defendant that “it was his decision alone whether they could search the car,” and that he did not have to consent, the man nevertheless agreed and unlocked the car’s trunk for the officers. Neither officer had a weapon drawn or made any threatening remarks or gestures when consent was requested. Under the circumstances, the officer reasonably could have concluded that consent had been given, and that it was voluntary. The traffic stop and continued detention were supported by reasonable suspicion, and the search of the vehicle was pursuant to the defendant’s voluntary consent. The trial judge’s admission of the evidence against the defendant was proper. Zervos v. State, 15 S.W.3d 146 (Tex. App.-Texarkana, 2000).
From the Chaplain - Marilyn Featherstone BOOORING! That’s the way it usually sounds. How many parents have heard it from their children-- who have just left a concert, or don’t want to go to church, or on a family vacation that doesn’t sound like “fun” to them? But adults are as afraid of it, too. Millions of people suffer from it. It seems nowadays that the worst thing you can say about someone or something is that they are “boring.” Boredom can give you a backache, a headache, insomnia and fatigue. It is believed to cause alcoholism and drug addiction. Someone has said that at least half of the sins of mankind are caused by the fear of it! What to do? Find something you enjoy doing and then do it....I think the happiest people I know enjoy their work and get a lot of satisfaction out of it. If you are looking for a miracle you may not find it. But, you just might find you are bored less if you work really hard at what you do best. Find someone who needs help and spend some time, and even money, making things better for them. You can only think of one thing at a time. So, if your mind is active and being used for good purposes, you won’t have time for boredom. Give it a try!
The Worth of a Dollar Take out a one dollar bill and look at it. The one dollar bill you're looking at first came off the presses in 1957 in its present design. This so-called paper money is in fact a cotton and linen blend, with red and blue minute silk fibers running through it. It is actually material. We've all washed it without it falling apart. A special blend of ink is used, the contents we will never know. It is overprinted with symbols and then it is starched to make it water resistant and pressed to give it that nice crisp look. If you look on the front of the bill, you will see the United States Treasury Seal. On the top you will see the scales for the balanced budget. In the center you have a carpenter's T-square, a tool used for an even cut. Underneath is the Key to the United States Treasury. That's all pretty easy to figure out, but what is on the back of that dollar bill is something we should all know. If you turn the bill over, you will see two circles. Both circles, together, comprise the Great Seal of the United States. The First Continental Congress requested that Benjamin Franklin and a group of men come up with a Seal. It took them four years to accomplish this task and another two years to get it approved. If you look at the left hand circle, you will see a Pyramid. Notice the face is lighted and the western side is dark. This country was just beginning. We had not begun to explore the West or decided what we could do for Western Civilization. The Pyramid is un-capped, again signifying that we were not even close to being finished. Inside the capstone you have the all-seeing eye, and ancient symbol for divinity. It was Franklin's belief that one man couldn't do it alone, but a group of men, with the help of God, could do anything. "IN GOD WE TRUST" is on this currency. The Latin above the pyramid, ANNUIT COEPTIS, means "God has favored our undertaking." The Latin below the pyramid, NOVUS ORDO SECLORUM, means "a new order has begun." At the base of the pyramid is the Roman Numeral for 1776. If you look at the right-hand circle, and check it carefully, you will learn that it is on every National Cemetery in the United States. It is also on the Parade of Flags Walkway at the Bushnell, Florida National Cemetery and is the centerpiece of most hero's monuments. Slightly modified, it is the seal of the President of the United States and it is always visible whenever the President speaks, yet no one knows what the symbols mean. The Bald Eagle was selected as a symbol for victory for two reasons: first, he is not afraid of a storm; he is strong and he is smart enough to soar above it. Secondly, he wears no material crown. We had just broken from the King of England. Also, notice the shield is unsupported. This country can now stand on its own. At the top of that shield you have a white bar signifying congress, a unifying factor. We were coming together as one nation. In the Eagle's beak you will read, “E PLURIBUS UNUM", meaning "one nation from many people." Above the Eagle you have thirteen stars representing the thirteen original colonies, and any clouds of misunderstanding rolling away. Again, we were coming together as one. Notice what the Eagle holds in his talons. He holds an olive branch and arrows. This country wants peace, but we will never be afraid to fight to preserve peace. The Eagle always wants to face the olive branch, but in time of war, his gaze turns toward the arrows. They say that the number 13 is an unlucky number. This is almost a worldwide belief. You will usually never see a room numbered 13, or any hotels or motels with a 13th floor. But, think about this: 13 original colonies, 13 signers of the Declaration of Independence, 13 stripes on our flag, 13 steps on the Pyramid, 13 letters in the Latin above, 13 letters in "E Pluribus Unum", 13 stars above the Eagle, 13 plumes of feathers on each span of the Eagle's wing, 13 bars on that shield, 13 leaves on the olive branch, 13 fruits, and if you look closely, 13 arrows. And for minorities: the 13th Amendment. I always ask people, "Why don't you know this?" Your children don't know this and their history teachers don't know this. Too may veterans have given up too much to ever let the meaning fade. Many veterans remember coming home to an America that didn't care. Too many veterans never came home at all. Tell everyone what is on the back of the one dollar bill and what it stands for, because nobody else will. Contributed by G.C. Gómez, Jr. |
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Crime Does Not Have To Be A Fact Of Life |
