I was arrested in Wylie for having Pepper Spray!

I am an honest hard working person and had pepper spray in my truck in case of a dog attack because I run a landscape business.(I was attacked 6 years ago) The Wylie Police arrested me and took me to jail and I have spent over 2,000 so far in just bail, and getting my stuff out of the pound etc.

I would like to know how everyone feels about this. Doe this seem a little over the top or is this how the Wylie Police operate. It was not a gun, it was not on me it was just in my truck.

Thanks.

You didn't say why you were talking to the Wylie police. That might have something to do with it.

TEXAS: Legal.

It is permissible to possess a "small chemical dispenser sold commercially for personal protection". 10 Texas Penal Code Section 46.01 (14).

http://www.misdefenseproducts.com/Pepper-Spra...

SachseSenior wrote:

You didn't say why you were talking to the Wylie police. That might have something to do with it.
TEXAS: Legal.
It is permissible to possess a "small chemical dispenser sold commercially for personal protection". 10 Texas Penal Code Section 46.01 (14).
http://www.misdefenseproducts.com/Pepper-Spra...

I was unloading my jet ski at about 5:30 in the morning as I was going to have it repaired. I had to drop it off early because I had to be at work at 6:30 in Plano. As I was undoing straps etc an officer pulls up.
I will just cut to the chase now. After 40 min of what is this, what is that, when did you buy this and them calling all kinds of people to confirm it was my jet ski, they finally arrested me for pepper spray. Which as you said also it does not define what is a small amount. I didn't know it was to much. I have never heard of anyone being arrested for carrying pepper spray. Also I was very courteous throughout the stop.

Under The Radar wrote:

<quoted text>
I was unloading my jet ski at about 5:30 in the morning as I was going to have it repaired. I had to drop it off early because I had to be at work at 6:30 in Plano. As I was undoing straps etc an officer pulls up.
I will just cut to the chase now. After 40 min of what is this, what is that, when did you buy this and them calling all kinds of people to confirm it was my jet ski, they finally arrested me for pepper spray. Which as you said also it does not define what is a small amount. I didn't know it was to much. I have never heard of anyone being arrested for carrying pepper spray. Also I was very courteous throughout the stop.

http://www.wylienews.com/articles/templates/n...

Under_the_radar wrote:

<quoted text>
http://www.wylienews.com/articles/templates/n...

bump

All I can say is that I am floored!!! I bought pepper spray for my entire family last year. I did the research, and know the law...why haven't they?

Sorry this has happened to you. I wish you luck, and quick success in fighting this ridiculous charge!

What was the final disposition of the case?

I can not believe this. It seems like they were just looking or something to charge someone with. Not to mention crossing over the line to harassment. Why not write you a ticket or give you a warning. It says no where about the size or that it can't be police strenghth. How do they expect you to know about if even the sgt helping the officer wasn't aware of the law. Do you happen to know a the address or places we can write about this to the law enforcement agencies, and councilman that make these laws. Hope it gets better and taken off your record.

As a Texas law enforcement officer of 10+ years, I am ashamed. I am ashamed and embarrassed for this arrest. Officers failed to make a good decision AGAIN. Even more embarrassing is the fact the news stated the prosecuting attorney was "willing" to prosecute. Unfortunately officers make bad arrests everyday. we, as citizens, rely on elected or appointed officials and administrations to provide checks and balances for officers. this failed in this case. as an officer i try not to second guess too many cases because we are not always given all the facts. this case unfortunately screams to be second guessed. I am sorry the obviously "rookie" officer, his fellow officers, his supervisor(s), his chief, and the prosecuting attorney failed you. I am pleased to hear the grand jury did what we rely on them to do. Kutos to the grand jury! being in possession of the pepper spray IS NOT illegal even if it states "police strength". Keep carrying it. As a business owner you absolutely have the right!

To the officer who made this arrest, reconsider your career. We have enough bad and ignorant police, we dont need anymore. Your ignorant arrest makes us all look bad. Since Ignorance is no defense to the law...then why r you not being charged for falsely arresting this person. You should hang your head very low for making a false and ignorant statement of saying it is legal to carry mace but not police strength pepper spray. Carry your penal code in your car AND USE IT before you embarrass yourself and your agency again.

To the patrol supervisor of "mr. i wear a badge so I make up my own law" Shame on you too. you have your stripes taken. the agency must have thought at one time you can supervise or they would not have promoted you. you failed too. U FREAKIN WATCHED THE BAD ARREST...????? WAT THE HELL????

To the Citizens of Wylie, if your prosecutor is an elected offical...UPROAR! demand better or kick thier ass out of office. the next bad arrest and prosecution could be you or one of your family members.

Would love to say I feel better for getting this off my chest but I dont. Still Ashamed. I sincerly apoligize on behalf of every officer who knows this was bad bad bad. I hope you seek civil remedy for this ordeal.

Hey guys thanks for the comments. I was the one arrested. I held out on releasing this video. But after showing to some officers I was told to release it. At this time I am still out my money for the arrest. I appreciate the support.

http://www.youtube.com/watch...

You go get your money and request more. Unfortunately people, cities, states, govt, etc. dont wake up until they are hit in the pocket. Why do u think we write tickets? Punishment for the pocketbook.

Anything I can do to help or advise, contact me. I will keep this page in favorites.

GOOD LUCK

If someone can recommend an attorney that would take on the department that would be great.

What makes me mad about the whole thing is they spent 40 mins making sure my stuff was not stolen but didn't even take the time to make sure what they were arresting me for was legit.

I just watched the video. Some officers just don't get enough "cowboys/indians" playtime when they are young. Sad but true. Did you notice the idiot chief hanging with his officer on the 'size' of the can? But never addressed the video of the officer talking about the 'strength' of the pepper spray, which was at the 'crux' of the arrest. Nice deflection by the chief. I'm happy the grand jury had the wits to throw this case out.

Jason, it will be difficult to find an attorney with enough balls and intelligence to fight the city of Wylie (any city for that matter), however, it will not impossible. Keep searching. Meanwhile, attempt to locate a civil rights attorney. You are not only in need for civil remedy/restitution of lost money, you are in need of representation since your civil rights were obviously violated.

The officers had a right to make contact with you based on an investigative contact (suspicion) but it does not appear to me that probable cause was ever established to continue to lawfully detain you for 40+ minutes.

The video clearly reflects the officer arrested you based on the "strength" of the spray not the size. It is not too uncommon for charges sometimes to be changed after an arrest if after reviewing the evidence it is discovered the evidence meets the "elements" better or easier on another charge. Example: Theft -to- Burglary or Assault A -to- Assault F-2. Your case is different you were arrested on a charge that DOES NOT even exist.

since a criminal is not allowed to use the "ignorant" defense the officer and city should not be able to either. an officer making an arrest for a charge that does not exist should be charged himself, he abused his power and authority to arrest. the supervisor allowed him to abuse his power IN HIS PRESENCE. Therefore both violated your civil rights. the officer arrested you cause "he could" not out of "good faith." Find a good civil rights attorney and dont give up until you do. Offcers and Supervisors like them need to be taken off the streets. SAVE US ALL BY TAKING THIER POWERS TO ARREST AWAY FROM THEM.

oh yeah, get as much information as you can about the officer. When an officer is this neglegent or Oppressive every one who trained him and every supervisor can be held liable.

The DA in WYlie has been there for years and is just as corrupt as the police force. It's the good ol boy system at it's finest. I have had multiple run-ins with them and have always came out on top. It has cost me allot of money but in the end, they are clueless. These guys are the main reason police in this town are hated and they get no respect. A good attorney for this type of thing would be Mark Montgomery in McKinney. He is well connected and not afraid to stand up to them.

Well I carry a 2 ounce container of Fox Labs 5.3 pepper spray and have a larger 12 ounce in the car for personal protection while driving. I have never had any trouble having pepper spray with me. This made Wylie Police look so bad and I wont be visiting Wylie anytime soon. So now we are arresting citizens for trying to protect themselves with non lethal weapons. How stupid! I can tell you this is a simple case of small town cop syndrome. Ask any state trooper or Dallas Police officer and they have better issues to deal with than arresting people for having a can of seasoning. I would keep carrying the 4 ounce can of pepper spray and forget what the good old boy system hill billy white trash Wylie PD Says. I watched this on WFAA and was insulted by the chief holding up several different canisters while asking "Is this too big? Is this One? I dont know" How insulting and stupid. He is obviously the one with no common sense. He should have came out and said this was a bad arrest. If I want to carry a 2 4 or MK9 12 ounce canister i will!

Jason wrote:

If someone can recommend an attorney that would take on the department that would be great.
What makes me mad about the whole thing is they spent 40 mins making sure my stuff was not stolen but didn't even take the time to make sure what they were arresting me for was legit.

http://www.vitzlaw.com/

I heard Tony Vitz cares about doing the right thing. His website is interesting too. The interesting thing to me is I understand you support your officers but that Chief looked stupid trying to justify "what is small".
Had it been somebody he cared about, he would definately agree this was bunk.
Some people need to reconsider their career choice. If you want to bully, be a bouncer at the Ranch House.

You know, these men who take jobs as law enforcement probably couldnt make it doing anything else. They themselves would probably be in prison or at least have felony records. They complain about no personal responsibility, yet they cover their mistakes. They make bad judgements (they are only human) but then are hell bent on finding a loop hole or scape goat to get out of it.
I used to think it would be great to be a police officer but I dont think so anymore. I feel sorry for the honest officer. When the man was clean, and his story checked out, what on earth good did it do to arrest him and have a felony put on his record?
Makes Wylie look bad.