Storm chaser arrested in Texas

  • Thread starter Thread starter J Kinkaid
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S.W.A.T. = Severe Weather Arrest Team

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Obviously quite a few people on here aren't pacifists and are willing to give up chasing temp. to handle something more imporant. Making sure you don't get arrested basically means then that you would do whatever in any situation to appease the cops. Nonetheless, you can do what you want.

Moving because a sheriff demands it is not blindly following anyone, it's making sure I don't get arrested. If I'm out chasing storms, I want to be chasing storms, not sitting in the back of a cruiser with handcuffs cutting into my wrists. Just because a LEO is wrong, even WAY wrong, doesn't mean he still can't arrest you. Whether or not you prevail in court after the fact, you just missed the rest of the chase. I'm all for civil disobiedence as a way to highlight injustice, I'm just not going to do it when I've driven 800 miles to chase storms.
 
I know we are all here as chasers debating this situation and all, but, lets just hope there is not a Law Enforcement Forum somewhere that the Deputy in question is debating the same situation! I would bet that we could all suffer if it gets out to law enforcement that chasers are trouble and feel they are above the law in some way.
Although the officer in question may (or may not) have been wrong, I hope this does not end as a black eye for all of storm chasing.

Just a thought...

Spell check?
 
Just thought I'd post here, on a semi-related issue. I have seen some comments that since he was not read his Miranda warning, the arrest was automatically illegal. This is not the case. While the arrest may still be unlawful by other points, it is not so by the Miranda Warnings... it is a common misconception that if you are arrested, you must be read your warning or the arrest is illegal. Basically, you only need to be read the miranda warnings if you are: A) in custody and B) being interrogated.

For instance, If he was in custody, and was asked question that could be interpreted as incriminating, AND not read his rights, then it would be illegal.

Dont get me wrong, I am not coming to the defense of the deputy, as his actions appear to be uncalled for, I just wanted to shed some light on that issue.



*This post is my opinion only and does not represent the opinion of my employer
 
Just thought I'd post here, on a semi-related issue. I have seen some comments that since he was not read his Miranda warning, the arrest was automatically illegal. This is not the case. While the arrest may still be unlawful by other points, it is not so by the Miranda Warnings... it is a common misconception that if you are arrested, you must be read your warning or the arrest is illegal. Basically, you only need to be read the Miranda warnings if you are: A) in custody and B) being interrogated.

For instance, If he was in custody, and was asked question that could be interpreted as incriminating, AND not read his rights, then it would be illegal.


Dont get me wrong, I am not coming to the defense of the deputy, as his actions appear to be uncalled for, I just wanted to shed some light on that issue.



*This post is my opinion only and does not represent the opinion of my employer

Mike,
Good post and I would like to add a couple of things to it. The Officer may still ask any questions that he wants, yet the answers may be ruled as non- admissible statements or remarks. Only the questions of an interragation type or nature will fall under Miranda ruling. Also, any statements that the suspect makes before or after Miranda and are of his own free will are admissible.
 
I hope they ARE debating it in the LEO forums. Because it's ridiculous. It's like arresting a fireman because he's standing too close to a fire. Or a racecar driver because he was speeding on the track. As chasers this is just what we DO.

Everything else is just an assumption on this officer's part ... and illegal. It reminds me of an assumption that an attorney made with me one time ... he came into my office and saw the tornado photos on the wall and said "so you're a storm chaser? ... well that's a dangerous thing to do." My response: "so is being an attorney." He just left.

I'm just pleased as punch that the first time this happened, it was with a tour group full of cameras, and carrying a newspaper reporter. You just couldn't have asked for a better gig. If this had been a lone chaser out there by himself with the cameras turned off it would have been an entirely different story.
 
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It's like arresting a fireman because he's standing too close to a fire. Or a racecar driver because he was speeding on the track.

No, that's not even close... FF's are there because they are assigned by the government. Race tracks don't have speed limits. So while I get where you are coming from, don't use those examples :D
 
OK, it's like being arrested for being a news camera operator because you have to be close to dangerous situations.

It's like being arrested for working as a lumberjack ... an Alaska fisherman ... airline pilot ... construction worker ... truck driver ... farmer ... or how about this ... a POLICEMAN.
 
This story is spreading like wildfire throughout the news community. The public is outraged where ever this story appears, although I've noticed the facts seem to be distorted in favor of the deputy in some reports.

This is good and bad. If the prosecutor wants publicity (e.g. Mike Nifong), he or she might want this to escalate even further. I think the people of Crane County should demand the deputy be reprimanded or fired. Do they realize few chasers or maybe even local spotters will want to work that area in the near future?

Has anyone heard of any recent communications from Barnes?

W.
 
Also we havent heard anything from the customers on the chase tour. I wonder what their thoughts were on the whole thing. Did they feel like they were in danger or are they just as pissed as everybody else??

They will definitely have a story to tell when they get home. They caught the tornado and had their leader get busted and all of them driven straight through the core!! I trully hope they dont think this is how all Texas people act including LEO's. They just happened to run into a bored untrained yahoo who got his job from his daddy and was acting all badass.
 
Here is a thought to ponder about arresting Brian Barnes "for his own safety". During other impending natural disasters such as hurricanes, does law enforcement have the authority to arrest and jail people who do not evacuate the area? Hmmmm.....

Also, this just out...the Crane County Sheriff released a graphic depicting their side of the story....

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I want to paint my vehicle like that and install the "Dixie" horn complete with antennas and amber light bars. Then go parade around Crane County. :D
 
Wow, Is that a?

I know this is becoming a larger story by the day and there is alot of feelings about getting rid of the cop or repremanding him and so on. I am in NO way saying the cop was right or wrong... I wasn't there (I really wasn't).
I believe Storm Chasing in the area could suffer from this event. I have witnessed situations in which those in power (usually cops) are punished for simular issues. In the end, they are still in power and they ulltimatley will have the upper hand to "Get even". I hope this is not the beginning of an "US" (Law Enforcement) vs. "them" (Storm Chasers). They will win.

The deputy will be able to site (I bet he does) that he was acting in the best interest of public safety for those in the area and it will be very hard to argue. All he has to do is show that he truly believed this and it will be a very hard point to argue against. It sucks.. but then again, we were not there and we have not heard his side of the story...

Sometimes it is better to recognize a missunderstanding or misscommunication has occurred.

<Where's my spell check?>

And Lightbars are cool if you are a certified stormchaser!!

Internet in West Texas!! HaHa!
 
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