Came across the lively thread about this guy in the archives, but nobody posted how it all ended up.

The video better than the text!

http://www.nbc5i.com/news/5221710/detail.html

I swear that guy looks like BCG.

Appears to be another case of blind justice. How could the cops know the guy was not guilty? The cops could not develop the film on the spot. He had a camera in a public place. That's enough. Arrest him, and put the pervert in jail.

I love this comment: "The system worked because, no one was charged."

Uh, no ... the system did not work, frankly because the cop violated the 4th Amendment of the US Constitution. As a result some guy was jailed unreasonably, and he would have remained in jail until his hearing, except in this case the individual was able to make bail.

Wow, looks like The Southlake Police are trying for the dumbass of the year award. They got my vote. Just another sad example of how the quality of police officers all over the USA is declining. This type of behaivior by police has been on the increase for at least 10 years now. Here is another example from Tampa, Florida. The Hillsborough County Sheriff's Office spent over $6000.00 to buy lap dances at local T&A bars so they could write a few girls tickets for serious crimes like showing a bare breast or getting too close to a customer. There appears to be a total lack of common sense and leadership in law enforcment.

At least these officers where after a real criminal.

Mr. Vogel's problems are not over. Depending on how the laws are written in Texas, he may now face a lengthy process to get the arrest off of his record. I am not familiar with Texas law but the following information on Louisiana law gives a bit of insight into the penalties that people can pay even when they have done nothing wrong. I added bold type to some sections to illustrate some of the negative impacts.


LA RS 44.9

§9.  Records of violations of municipal ordinances and of state statutes classified as a misdemeanor or felony

A.(1)  Any person who has been arrested for the violation of a municipal or parish ordinance or for violation of a state statute which is classified as a misdemeanor may make a written motion to the district, parish, or city court in which the violation was prosecuted or to the district court located in the parish in which he was arrested, for expungement of the arrest record, under either of the following conditions:

(a)  The time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted; or

(b)  If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

(2)  If the court finds that the mover is entitled to the relief sought as authorized by this Subsection, it shall order all agencies and law enforcement offices having any record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, to destroy any record of arrest, photograph, fingerprint, or any other information of any and all kinds or descriptions.  The court shall order such custodians of records to file a sworn affidavit to the effect that the records have been destroyed and that no notations or references have been retained in the agency's central repository which will or might lead to the inference that any record ever was on file with any agency or law enforcement office.  The original of this affidavit shall be kept by the court so ordering same and a copy shall be retained by the affiant agency which said copy shall not be a public record and shall not be open for public inspection but rather shall be kept under lock and key and maintained only for internal record keeping purposes to preserve the integrity of said agency's files and shall not be used for any investigative purpose.  This Subsection does not apply to arrests for a first or second violation of any ordinance or statute making criminal the driving of a motor vehicle while under the influence of alcoholic beverages or narcotic drugs, as denounced by R.S. 14:98 or 98.1.

(3)(a)  The Bureau of Criminal Identification and Information may charge a processing fee of one hundred twenty-five dollars for the expungement of any record of arrest when ordered to do so by the court in compliance with the provisions of this Section.

(b)  The clerk of court shall collect the processing fee at the time the motion for expungement is filed and may collect a fee of up to ten dollars to cover the clerk's administration costs.  If the court finds the mover is entitled to the relief sought, the clerk shall direct the collected processing fee to the Bureau of Criminal Identification and Information and the processing fee amount shall be deposited immediately upon receipt into the Criminal Identification and Information Fund.  If the court does not grant such relief, the clerk of court shall return the fee to the moving party.

(c)  Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, a juvenile who has participated in and has successfully completed any juvenile drug court program operated by a court of this state shall be exempt from payment of the processing fees otherwise authorized by this Paragraph.

B.(1)  Any person who has been arrested for the violation of a felony offense or who has been arrested for a violation of R.S. 14:34.2, R.S. 14:34.3, or R.S. 14:37 may make a written motion to the district court for the parish in which he was arrested for the expungement of the arrest record if:

(a)  The district attorney declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and

(b)  The record of arrest and prosecution for the offense is without substantial probative value as a prior act for any subsequent prosecution.

(2)  If, after a contradictory hearing with the district attorney and the arresting law enforcement agency, the court finds that the mover is entitled to the relief sought for the above reasons, it shall order all law enforcement agencies to expunge the record of the same in accordance herewith.  However, nothing in this Paragraph shall limit or impede the authority under law to consider prior arrests or convictions in pursuing prosecution under multiple offender provisions or impede the investigation of any law enforcement official seeking to ascertain or confirm the qualifications of any person for any privilege or license authorized by law.

C.(1)  Any person who has been arrested for the violation of a state statute which is classified as a felony may make a written motion to the district court for the parish in which he was arrested for expungement of the arrest record if the time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted.

(2)  If, after a contradictory hearing with the arresting agency, the court finds that the mover is entitled to the relief sought for any of the above reasons, it shall order all law enforcement agencies to expunge same* in accordance herewith.  However, the arresting agency may preserve the name and address of the person arrested and the facts of the case for investigative purposes only.

D.  Whoever violates any provisions of this section shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment of not more than ninety days, or both, if the conviction is for a first violation; second and subsequent violations shall be punished by a fine of not more than five hundred dollars or imprisonment of six months, or both.

E.(1)(a)  No court shall order the destruction of any record of the arrest and prosecution of any person convicted of a felony, including a conviction dismissed pursuant to Article 893 of the Code of Criminal Procedure.

(b)  After a contradictory hearing with the district attorney and the arresting law enforcement agency, the court may order expungement of the record of a felony conviction dismissed pursuant to Article 893 of the Code of Criminal Procedure.  Upon the entry of such an order of expungement, all rights which were lost or suspended by virtue of the conviction shall be restored to the person against whom the conviction  has been entered, and such person shall be treated in all respects as not having been arrested or convicted unless otherwise provided in this Section or otherwise provided in the Code of Criminal Procedure Articles 893 and 894.

(2)  No court shall order the expungement or destruction of any record of the arrest and prosecution of any person convicted of a sex offense as defined by R.S. 15:541(14.1), involving a child under the age of seventeen years.  The provisions of this Paragraph shall apply to all records of any proceedings, order, judgment, or other action under Code of Criminal Procedure Article 893.

(3)(a)  A court may order the destruction or the expungement of the record of a misdemeanor conviction dismissed pursuant to Article 894 of the Code of Criminal Procedure.  However, no destruction of the record shall be ordered for any conviction for a first or second violation of any ordinance or statute making criminal the driving of a motor vehicle while under the influence of alcoholic beverages or narcotic drugs, as denounced by R.S. 14:98 or 98.1.

(b)  Upon the entry of such an order of expungement, all rights which were lost or suspended by virtue of the conviction shall be restored to the person against whom the conviction  has been entered, and such person shall be treated in all respects as not having been arrested or convicted unless otherwise provided in this Section or otherwise provided in  the Code of Criminal Procedure Articles 893 and 894.

(4)  However a criminal background check requested by a health care provider pursuant to R.S. 40:1300.51 et seq. shall include records which would inform a potential employer of any crimes enumerated in said statute which were committed by an applicant for employment.

F.  For investigative purposes only, the Department of Public Safety and Corrections may maintain a confidential, nonpublic record of the arrest and disposition.  The information contained in this record may be released, upon specific request therefor and on a confidential basis, to any law enforcement agency, criminal justice agency, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, or the Emergency Medical Services Certification Commission.  The receiving law enforcement agency, criminal justice agency, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, or the Emergency Medical Services Certification Commission shall maintain the confidentiality of such record.

G.  "Expungement" means removal of a record from public access but does not mean destruction of the record.  An expunged record is confidential, but remains available for use by law enforcement agencies, criminal justice agencies, the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, or the Emergency Medical Services Certification Commission.

H.  A convicted felon while in the custody of the secretary of the Department of Public Safety and Corrections shall have no right or standing to petition the court for expungement under this Section.

I.  Except to those agencies listed in Subsection G of this Section, no person whose record of arrest and conviction has been expunged pursuant to the provisions of this Section shall be required to disclose that he was arrested or convicted for the subject offense or that the record of the arrest and conviction has been expunged, unless otherwise provided in this Section.

Added by Acts 1970, No. 445, §1.  Amended by Acts 1972, No. 715, §§2, 3; Acts 1974, No. 531, §1; Acts 1976, No. 678, §1; Acts 1978, No. 570, §1; Acts 1981, No. 936, §1, eff. Aug. 2, 1981; Acts 1985, No. 852, §1; Acts 1989, No. 606, §1; Acts 1995, No. 295, §1; Acts 1995, No. 1251, §3; Acts 1996, 1st Ex. Sess., No. 5, §2, eff. April 23, 1996; Acts 1997, No. 1296, §5, eff. July 15, 1997; Acts 1999, No. 1111, §1; Acts 2001, No. 1206, §2; Acts 2003, No. 1043, §1; Acts 2004, No. 797, §2, eff. July 8, 2004; Acts 2005, No. 53, §1.

*NOTE: As appears in enrolled bill.

NOTE:  Acts 1996, 1st Ex. Sess., No. 5, amending R.S. 44:9(B), is retroactive to Aug. 15, 1995.

from the origional story

after police said he used a digital camera to take inappropriate photographs of women and children.

DIGITAL CAMERA...  The police knew what photos were on the camera when they arrested him

These sorts of things will become more problematic as more and more of our civil liberties are stripped away. 

It may surprise people to read this, but Russia's Constitution provides more protections for civil liberties than does the United States Constitution --- on paper. 

We are fast moving towards the same type of "constitutional protections." 

You allow this sort of thing to happen.  You are the government.  You have no one to blame but yourself for the current, and worsening, state of affairs. 

All you have to do is make a phone call to your representative -- because this is still a representative form of government -- and tell them how you plan to vote if this continues.  Then, if it continues, you vote the way you promised you would. 

Because, truthfully, the way things are going, you could easily be next.

-- rick

Can a person like me still live a good, respectable decent life with al this BS going on? *sighh* We'll find out.