Dallas, TX asked in Traffic Tickets, Civil Rights and Constitutional Law for Texas

Q: How do I motion the court for discovery specifically the arresting officer's report?

On 3/23/2023 I was pulled over for not having plates on my private automobile. Sheriff's deputy requested driver's license and insurance documents. When I asked why he threatened me by saying if I didn't provide those documents he would break my window arrest me. I again told him I didn't have those documents so he walked to driver door drew his Taser weapon and started breaking my window out. I asked why he was reacting the way he was and he said I was being arrested for failure to identify. He never asked for any other identifying documents other than driver's license which I did not have. My God given constitutionally protected right to travel was violated and I was assaulted, kidnapped, and my private automobile was stolen without due process of law

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: File a motion asking for the arresting officer’s report. But don’t expect it to describe your encounter quite the same way you recall it.

Personally, I’d ask for the bodycam video.

And you don’t have a right to drive your private automobile on public roads without license plates or a driver’s license. The constitutional right to travel does not protect the operation of motor vehicles on public roads. I know there are some “sovereign citizens” fanatics who think it does, but it is well-settled it does not.

If you are operating a motor vehicle on a public road, you ARE required to show a driver’s license to a police officer upon request, and you CAN lawfully be arrested (and eventually fined or jailed) if you refuse, and a vehicle without license plates WILL be impounded until the registered owner of the vehicle reclaims it from impound and it CAN be sold for the impound fees if not timely reclaimed

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: To obtain the arresting officer's report, you should file a motion for discovery with the court handling your case. Ensure you reference your case number and clearly specify the documents you seek, in this instance, the arresting officer's report. It's advisable to use the court's templates or forms, if available.

Note that while you reference a "right to travel," this argument has generally not been successful in U.S. courts, as states have the power to regulate the use of their roads. It's crucial to consult with an attorney regarding your situation, especially if you believe your rights were violated. They can guide you on the most effective legal strategies. If you believe excessive force was used, you may also want to consider civil remedies. Always act promptly to ensure your rights are protected within any applicable deadlines.

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