Storm chaser arrested in Texas

[Eric Treece]

This has turned into quite the thread! I guess there are a couple of ways you can look at this....... We all have choices that we make everyday. Some right. Some wrong. When the law gets involved it ups the anty. So ask yourself this.........is sitting in this particular spot and testing this LEO's authority WORTH the possible BS that could come with testing him? And I am sure everyone would have their standards as to what it is worth to them. Only issue I have ever had was at a Subway in Andover, KS a couple of years ago and what the officer told us was that "your antenna's are scaring the people inside." (No Lightbars!!)......nevermind that we still had our Subway lunch bags on the bumper of my truck at the time. She asked us some questions and reiterated that the antenna's were disturbing to the customers and we said ok and left. Other than that particular incident, every single officer I have talked with has been curtious and seemed to genuinely appreciate anything weatherwise I have offered up to them. Sure we are going to run into an occasional LEO that has littlemans syndrome or was picked on in school and this is his way of getting revenge. It is just a fact of life.......whether you are in the right or you are in the wrong....... what is it worth to you?

 

[Alan Broerse]

Here we go...... I almost didnt post on this because it started out as a good vent of frustration for a select few.....but lines have been drawn in the sand and a few individuals have shown their FANGS and youth.. on an event that doesn't directly involve them Most of us on this thread are reading only what little information that was disclosed to us and now it is truely a west Texas wild fire. I will try to remain as neutral as can be, but I have to rely on my 25 year Police career to shed some insight (just as JOE GRUNOW has......) First of all--- - was you there? Neither was I....Never second guess anyone ....either side -until both side have been heard, evidence observed and all is laid out....thats what courts are for. The law is based on a "reasonable mans thoughts".....face it most reasonable men and women....dont park on the side of the road (or in the middle of it either) and watch rotating wall clouds, 100-300 mile per hour tornadoes....and gorilla hail. It is any officers responsibility and duty to OATH to protect and serve.....If he thinks you are in a dangerous enviroment, He can order you to leave...failure to do so is dereliction of his/her duty....fireable offense and civilly liable in court if he allowed yourself to be killed or injured (families of dumb and departed individuals) have won law suits for just that. Most officers have, use and rely on COMMON SENSE as a guide to law enforcement and survival. He or she may see 300 chasers a year...and we as a body of chasers know that for every 1 so called trained chaser....there are 15 others...yahoos...locals....thrill seekers and 1st year college students with out enough training to be putting themselves or a car full of others in a hazardous situation. As far as public property goes....Any individual has certain rights to use public property....but it is certain....you dont have many rights. You dont have the right to pee on the side of the road...but most of us have.....you dont have the right to partially block a traffic lane...but most of us have....but rest stop, shoulder, parking lot....it doesnt matter...you will be held accountable and face consequences when you are caught doing something questionable or illegal..DOW truck and TIV included....If an officer believes that your presence and efforts might assist in saving lives....their discretion may allow you to go on.....if you impede...or fail the attitude test with a LEO in performance of their duties....you most likely will suffer some inconvenience. Growing a pair of courage orbs in the company of you buddys will get you in trouble fast. Like Darin Brunin mentioned fighting the cop during arrest, this will only educate you NOT to repeat that mistake and leave you as the topic of our next thread. If you are unsure of the LEO's instructions....In a polite fashion...without anger, cursing and being an ASS ask them were you might be allowed to perform your duties. The more your inform them on your task, the better off you will be....again they see alot of problem chasers....and may not know you are not one... If they ask you to leave....back off a mile and redirect your efforts...If it turns into a pissing contest...just shut your mouth and leave. ON THE OTHER SIDE ....if you feel that the LEO is not right.....gather some information on your way out..his last name...what jurisdiction they are out of, unit number on the back of the patrol vehicle...BE PROFESSIONAL.and you can file a complaint on them. There are LEO's out there who should not be in that position...but thats not your call. There are officers who make split second decisions on information that happening before them. They can and do make errors. Sometimes they dont have time to listen to your story...sometimes they dont care to hear the entire story with an event unfolding now. If they are out of line ...there is recourse. But make sure you havent drawn them out of line with your words or actions. No ...officers arent supposed to talk down to you...or curse at you....but in heated situations...its going to happen ....roll with the punches....dont throw them!!! I have sat on both sides of this issue...and being a retired LEO...now working as a chaser...I hope this helps those individuals who have not allowed the day in court to unfold before they twist off. LIFE experience is a valuable resource...gather it as you grow older, share it with others as they need it. I hope that the disposition of the court case is posted for all to see and learn from Remember anyone can armchair quarterback....but only professionals get to play.

 

[Jody Radzik]

Why? We as citizens still have rights if we aren't breaking the law. If we are then that's another story but to assume a police officer is right 100% of the time is wrong. Stand up for yourself but be respectful at the same time.

As others have pointed out, a LEO has the right to determine safety and take action as he or she sees appropriate. Regardless of what you may find appropriate at that time or after the fact, his/her decision still has the force of law when it is made. Standing up for your right to oppose a LEO's judgment will not affect that judgment. As much as a chaser may have been correct in asserting his right to be there, he's still up against the law and the training of the LEO, which is to maintain control at all times.

I'm not saying the LEO was right. If the facts as they've been presented are true, he wasn't. He was a jerk. However, he's got a mandate to be a jerk if he feels he needs to exert control of a situation. If it were me, I would have moved to a different place, not because I thought the officer was right, only because I knew I wasn't going to win any debates with him or her about it.

 

[Jay McCoy]

Look at this youtube clip. Do you think that this is too many lights? And to the person this vehicle belongs to, sorry, not trying to single you out.

http://www.chase-1.com/index2.htm

If you read their bios on that page you would notice the owner of that vehicle is also a fireman which is why so many lights.. especially the red/blue which only LEO/Fire/EMS can have. Enough about lightbars.

Now back to the topic at hand. There is no way a charge of blocking traffic can hold up with him being parked in a rest stop. If he was on the sie of the road they may have an argument but a rest stop is a parking lot not a thoroughfare. The deputy says the guy was in danger and he was trying to protect them. I can promise he knew a hell of alot more about what wx was going on than that deputy. THe deputy was actually the one in danger and from what I read drove through the hail to take Bryan in..

The sheriff standing by his deputy is no surprise considering its his son-in-law. I have as feeling this will get ugly for them. No city likes bad press. I am sure the mayor and city council will be saying something to the sheriff's dept soon.

Wouldnt it be fun as hell to have a major chase convergence at that rest stop with about 50+ cars and no weather around. Just a bunch of chasers sitting there having a picnic. All with Barney Fife pictures taped to their cars.... he wouldnt know what to do with himself...

This is exactly like last year near Silverton/Brice on 3-28-07 when Jason Boggs and a few others chasers were harrassed by some local Barney there thinking it was his job to save us all from the bad bad weather monster. Small town cops in rural areas= bored cops with big egos and little training.

 

[Mike Hollingshead]

If a cop ever tells me to leave because he thinks a storm is dangerous, I'll tell him to report his sherrif nadoes and leave me alone. It's that or I'd say ok, then turn onto the road and drive straight into the storm.

 

[Mike Hollingshead]

If you read their bios on that page you would notice the owner of that vehicle is also a fireman which is why so many lights.. especially the red/blue which only LEO/Fire/EMS can have. Enough about lightbars.

Are people that blind in that area? Around here they don't look like an Alien UFO version of pimp my ride abducted the vehicle and brought it back.

*burble gurble beeple beepo(alien talk - "That's how we ride")

 

[Mike Peregrine]

It's that or I'd say ok, then turn onto the road and drive straight into the storm.

I can imagine you doing this. Actually, I've seen you do it without the help from the police.

I was parked in a long driveway one time when a patrolman came up and yelled at me through the loud speaker that I was parked facing the wrong way on the road. I promptly drove to the next driveway.

Driving straight into the storm is even better, though ... I would totally pick the blackest point in the sky and aim the vehicle accordingly.

 

[Gerard Jebaily]

Is this the same guy? Looks like chasers are having more and more trouble with the law these days . I shot this video last year March 28th near the silverton Tx storm after the tornado roped out...

http://youtube.com/watch?v=yYY3JNR38_4

 

[Mikel Shively]

Are people that blind in that area? Around here they don't look like an Alien UFO version of pimp my ride abducted the vehicle and brought it back.

*burble gurble beeple beepo(alien talk - "That's how we ride")

While maybe not quite that bad, I have seen some volunteer firmen with a crapload of lights on their vehicle... I'm not sure, but I think the light permit gives them a power trip or something. I think just enough lights to get the job done is good enough. Anything more is overkill.

 

[Paul Redmond]

As this thread approaches ten pages, it has obviously struck a nerve regarding a concern and at times fear that we all feel at one time or another.
99 out of 100 LEOs are generally concientious people, but its the 100 that gets the negtive attention and can potentially ruin your day.

I have had a few encounters with LEO's who pulled up behind me wondering what I was doing. In each case I explained that I was an amature storm chaser. In all cases so far that seems to have been enough to keep them happy and allow them to move on. Still there is a moment of tension each time, because you cannot anticipate how they will react. Such concerns about being pulled over in rural areas is one of the reasons why I am hesitant to get a CCW in texas. I would not carry during chases, considering it silly of course as I perfer to shoot severe weather with cameras and not hand cannons. But having a CCW permit will appear on their computer and raise the tension as they approach your car. An thats just a bit of adrenaline I could do without thank you.

 

[Jay McCoy]

Are people that blind in that area? Around here they don't look like an Alien UFO version of pimp my ride abducted the vehicle and brought it back.

*burble gurble beeple beepo(alien talk - "That's how we ride")

The amount of lights is just sortof a "boys with toys" type thing I am guessing. LIke who can have the highest jackup pickup. Its a Texas redneck thang...lol. I have actually seen worse in a couple of LEO vehicles that they got to set up themselves.

 

[Gerard Jebaily]

I got stopped by a Tx cop that same day near Aspermont, Tx. He said i was speeding, but he didnt issue me any citation. He jus asked for my liscense, what the weather was going to be doing in his area, then said to slow down a little. FYI, I had the cruize set at 5 mph above the 70 mph speed limit. I think he jus wanted to pull me to ask about the weather honestly.

 

[Jay McCoy]

Is this the same guy? Looks like chasers are having more and more trouble with the law these days . I shot this video last year March 28th near the silverton Tx storm after the tornado roped out...

http://youtube.com/watch?v=yYY3JNR38_4

It is not the same guy. Same local rural small town deputy ego and attitude though. The guy in your video works in the SE Texas panhandle near Silverton. The deputy in Bryans incident works in SW Texas southeast of Midland. Its a few 100 miles apart.

 

[Bill Tabor]

My thoughts as posted on Wx-Chase in reply to Brian's post:

>From: "Brian Barnes" <[email protected]>
But, I'm sure when you see the video you'll agree completely that I was
doing nothing illegal. Under the law (as it was recently explained to me)
a police officer can tell me to move, but he can't arrest me if I decide to
stay (which is why the charges were manufactured they way they were), and
this will be considered a "wrongful arrest".
>

I've just read this, and haven't read other responses yet, but here are my initial impressions:

1) My inclination is if a Peace officer tells me to move...I move whether I like it or not, and
technically / realistically whether I like it or not, and regardless of my rights. Sure I would miss
the storm and be pissed, but I would chase another day.

2) Seeing someone 'upset, nervous, erratic' is the first clue for me to avoid someone. It is a sign
of an impending problem which we usually don't need when basically out in the middle of desolate,
unpopulated country miles from civilization.

3) My knowledge and impression of the law (and I did take some college courses in it), are that the
public safety official has the right and obligation to tell you to move, or do whatever he deems
necessary to protect the public (and that includes you), in a time of local disaster - such as a
tornado, fires, accidents, etc. It doesn't matter if it is true that you are in danger, or that you
are causing a hazard, or nuisance. He is put in charge and so it is he who decides for that
community at the time, and it may be an on the spot decision. It's not unusual for public safety
folks to 'wig out' when a tornado is threatening their community. As chasers we should generally
respect that and give them our cooperation.

4) Litigating this case could likely only hurt chasers as far as our rights and priviledges are
concerned. By dragging your feet and making a case or 'spectacle' of this instance larger audiences
could pick up this case. At that point the magnifying glass is also on all chasers, and what rights
we should have, and 'oh maybe they are just a nuisance, or public hazard anyway and we should
legislate this hobby'. I think I could see the issue make it to national media, and you could be
interviewed on Gretta Van Susteran... not good. We don't want introspection in storm chasing by the
courts, police, and the media...certainly we will lose that war.

5) In retrospect you have to also ask yourself - 'Was it worth it"? You could have simply been
cooperative and moved your Tour a mile or so down the road and continue watching the storm with
minor disruptions, or you could disrupt / interrupt your Tour and freak out all your paying Tour
guests and spend the night or whatever time in jail rather than looking at the storm. This would
have been a clear choice to me, but we all have our 'priorities'.

I hope you handle this carefully, and properly not just with due respect to yourself but with the
interests of all other storm chasers in mind as well.

I'll check out others viewpoints now.

 

[Jay McCoy]

I got stopped by a Tx cop that same day near Aspermont, Tx. He said i was speeding, but he didnt issue me any citation. He jus asked for my liscense, what the weather was going to be doing in his area, then said to slow down a little. FYI, I had the cruize set at 5 mph above the 70 mph speed limit. I think he jus wanted to pull me to ask about the weather honestly.

Same thing happened to Steve and I on Tuesday. Doing 5 over and got stopped and got a warning. It was a DPS. To be honest I think they were doing drug interdiction stops. They stop vehicles for any cause thay can just to check them out. The panhandle thanks to I-27 and I-40 are major drug routes and a majority of Texas' largets drug busts happen in the panhandle. There isnt a week that goes by we dont hear about somebody getting caught with 1-2 million worth of cocaine or cash etc.. He talked to us also for about 5 minuts about the upcoming weather that day. I think he also noticed my badge in my wallet when i got my liscense out . LIke I told Steve if we were in my truck we wouldnt have even been stopped.