ASK A COP — Can someone be forced out a car that’s not their own?
Published 12:16 am Tuesday, November 7, 2023
Pamela asks: I was at a party a couple of weeks ago and a close friend and her boyfriend got into a heated fight. She decided she did not want to take her boyfriend home, but he would not get out of her car. Everybody tried to talk him out of her car, but he simply wouldn’t get out. He said, “that’s how I got to the party, and that is how I am leaving.” She finally got in her car to take him home, and of course we went with her just in case he tried something crazy. Is it against the law to not get out of someone’s car? Could the police have been called? What can we do if this happens again?
Answer: Thanks for being a part of the solution and not the problem on our roads. There was ABSOLUTELY something your friend could have done in this situation … CALL THE POLICE DEPARTMENT. Your friend’s boyfriend remained in the vehicle after he was ordered out, and that is a violation of the Texas Penal Code 30.05. Criminal trespassing in the state of Texas: if ANY passenger is NOT given effective consent to remain in the vehicle, the subject at question could be charged with criminal trespassing. If your friend would have called the police for assistance, her boyfriend could have faced being arrested for NOT exiting the vehicle when demanded upon by the owner or person whom has custody/control of said vehicle. If someone doesn’t want you in their vehicle in Texas, I don’t care where you go or what you do, you must GET OUT!
Parker asks: Not long ago my wife was involved in a fender bender in the parking lot. Long story short, the police were called and they didn’t do much but exchange insurance information and left? I’m not complaining, just inquiring. Is this normal procedure?
Answer: I don’t know what happened between the LONG story you made short, but at the end of the day, “YES,” this sounds like a normal procedure. If you are involved in a private property crash with no injuries, and if police are called to the scene, there will be NO investigation. Police Officers can assist with the exchanging of information, but that’s about it. Texas police officers don’t investigate private property crashes where no injuries are involved.
Megan asks: I was stopped last month for a blown out tail light that I didn’t even know was out. It was nighttime, and the officer turned on a very, very, very bright spotlight before he approached my vehicle. This made me very nervous because I couldn’t see him. Then all of the sudden he’s talking to me at my window. I kept telling him his light was blinding me during the time he had me stopped, but that didn’t seem to matter. Was this officer being mean or is that what the police do?
Answer: I’m sorry for your uncomfortableness, but this procedure is one that is taught and practiced by law enforcement officers around this country. I know you may be uncomfortable with the light but it’s actually performed for yours and the officers’ safety. When police officers make the decision to stop a vehicle they observe committing a CRIME in their presence, they know what their intent is when approaching the vehicle. But we are unsure of the intentions of the driver. So hopefully there won’t be a next time, but if you or any of the readers are stopped during the nighttime, expect the police officer to use his spotlight on your side view mirror. Remember it is for the safety of ALL parties involved. I hope you got your tail light repaired (hint). Smile!
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