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Man Claims Frankston Police Violated his Rights

May 31, 2009 - 11:03am

FRANKSTON - One man has decided to take legal action against the Frankston Police Department for what he calls foul play, and he says he has the surveillance video to prove it.

On May 15th David Weigand says he and a couple of friends made the trip from Frankston to Tyler for a relaxing dinner with friends.

One of his friends who went along was an officer for the local bank in Frankston and gave Weigand permission to park his company vehicle in this parking lot for the night.

This is the red pick up he left parked in the private lot, with Bowtech, the largest archery manufacturer written on the side.

Weigand said he never expected what would unfold over the next several hours.

After finishing up dinner in Tyler, Mr. Weigand said he got a phone call from some of his friends who headed back earlier.

They told him the Frankston Police Department had broken into his car and they were towing it away.

Frankston Police told Weigand they found weapons and alcohol in his car.

The weapons were a pellet gun and a bow, the alcohol, he says, was an unopened can of beer.

The Frankston Chief of Police declined an interview and says the officers were just doing their jobs.


31 comments

I live in Frankston and I am embarrassed! What on earth was the problem?!? I know from looking at the video that it was Goodman that picked that truck up. I know the PD must of called him. I assure you he is ever ready. I wouldn't be surprised it this didn't have anything to do with just making money- I know a lot of folks that park at the bank overnight when they take off with someone else and they haven't been towed. Small town politics. Goodman has tried to tow my car when it was not necessary. I was lucky enough to have him stopped!

donna

5 months ago

What are they thinking? A vehicle can't be towed from private property without the owner's consent. This vehicle should have been logged with the time and date, but not towed.

I'm a peace officer in the area. I know all too well of FPD's stunts. I have noticed they like to "play police" but when it comes to the real work they usually call upon ACSO, HCSO, or DPS to bail them out.

These guys are highly untrained from the top to thier newest rookie. If you don't know a bow is not a weapon or considered a firearm, get out of the business or at least ask. I knew they would be sued one of these days, and they should be. This is one incident in a line of idiotic stunts pulled by this agency.

Police get a bad rap many times in the media, but this situation is legit. I am ashamed to work in the same area and profession as these guys.

Mr. Weigand, on behalf of REAL POLICE everywhere, I'm sorry this unfortunate incident happened to you. I wish you luck with this case.

Christopher Santiago

5 months ago

Mr. Santiago, I'm currious where is it that you work? You say that you're a peace officer in the area and that you "Know all to well of FPD's stunts." I for one would like to know what stunts you speak of. Also, if you are a peace officer then you know that the truth is very seldom if ever fully presented by the media, whether it's in video or print form. I think you and the rest of the people on here are making comments and accusations with out all of the facts sir.

T.J.

5 months ago

T.J.

I would like to know which 100 or 300 radio number you are. Where I work is of no importance. And about facts.....Ok

Fact: You can't tow from private property without consent.

Fact: A bow is not a firearm.

Fact: The can of beer was unopened.

Fact: It is not illegal to have a concealed firearm or long gun in your vehicle in this state.

Fact: All FPD officers and reserves have less than 10 yrs, experience on the job.

Fact: FPD will not work a traffic accident or DWI. Unless DPS is unavailable.

T.J. we all have scanners and radios. We hear the assistance they call for on simple procedures, and we understand the radio codes.

Oh, and the media, yes at times they report half truths. In this case, however, they pretty much nailed it. They had no right to enter this man's property and remove his property from the parking lot. Regardless of tags or plates, weapons, or alcohol it is on private property.

Chirstopher Santiago

5 months ago

Christopher

I don't have a radio number.

I think where you work is important since you are so quick to criticize others. What's wrong Chris? Don't want people looking and talking about you?

Never said a bow was a firearm.

Never said the beer was open.

Never said it was illegal to have firearms in the vehicle.

LOL...where do you get your information? It's wrong. Some of them do have more than 10 years experince and they do work accidents and D.W.I.'s.

Chris you have yet to give any examples of "stunts" that they have pulled.

So are you saying that you (the real police) have never asked for help or advice?

Chris it seems you have nothing better to do than sit around posting false information and making fun of people. I feel sorry for you and hope that I or my loved ones will never require your assistance.

T.J.

5 months ago

T.J.?,

My name is Christopher, not Chris. My grandmother named me after St. Christopher , her favorite historical figure in catholic school. She is catholic and admired him as a little girl growing up in Spain. Your tone indicates you may think you know who I am or something or we are close. My friends don't even call me Chris.

I am not being critical of FPD, and if I were I could work for DPD, HPD, or NYPD doesn't matter. I am simply commenting on the fact they conducted an illegal search and seizure of property, and they have pulled similar stunts in the past, although not as serious, they are still stunts, things real police officers don't do.

Some of these stunts include filing public intoxication charges on D.W.I suspects, towing but not arresting persons without vehicle insurence, allowing people without a driver's license or insurence to continue driving down the road, some are towed yet others are allowed to continue on?, allowing people with warrants to go free, etc. These are things I here on the radio, not to mention other things my friends down there tell me. I am just stating what I know personally, not repeating information. If it helps you sleep though, I work for an agency in Smith County and I came from Red River County so, you don't know me T.J?.

In my younger years as and officer of course I had questions, and I asked them thats how you learn. I have now been in law enforcement for 16 1/2 years (actual street time), and have never heard of an officer towing a vehicle from private property, without a warrant, or without arresting someone. And years of experience, are we talking actual street time? Or court baliff experience? That part I did learn from friends. By the way, I only here one FPD officer going to the jail. He works days and evenings, at least he has when he went to the jail. Maybe the others make arrests when I.m off I'm just, again ,stating what I personally know.

We can argue the facts or precieved facts on here all day. One day the truth will come out and probably in court. I hate to see any officer get in trouble, but whoever the officer or officers were should have known better.

Christopher Santiago

5 months ago

Christopher,
In comment to your "filing public intoxication charges on D.W.I suspects". I myself know of 3 people who have gotten pulled over "highly intoxicated" and were allowed to call someone to come pick them up instead of being arrested, each were just issued a citation for public intoxication. One of the guys had his 3 yr old daughter in the car with him when they pulled him over, but because he has a CDL, works for a beer distributor and the officer knows his mom, he didn't want to see him get in trouble. And needless to say with Frankston being a small town word gets around.
GLS

GLS

5 months ago

I agree with you...I know they "try" but we really need professional police people.

bill

5 months ago

The Police Chief said the men were "just doing their jobs." What job is that, exactly? The serving part, or the protecting part? They clearly weren’t serving anyone. And what were they protecting the citizens of Frankston from? A sniper who shoots a bow at his victims and is stupid enough to plaster his weapon’s name all over his truck? Come on.

Stephanie Nalls

6 months ago

Having been a law enforcement officer myself in the past, all I can say is...what were they thinking!!! What reason did they even have by looking into the vehicle on a private parking lot? If they want to do their job, then log the make, style, and color of the vehicle with the date, time and location of where it's parked along with the vehicle ID number (VIN). The report said there wasn't a license plate on the truck. Were both plates missing or one. If one was missing, then the police can verify the license plate with the VIN and then go on about their business. If something bad happens later on, then they have some information to follow up to see if the truck owner was involved in anything.

If the vehicle was on a private parking lot, it should not have ever been towed unless the parking lot owner wanted it towed, or if the police can verify that it is stolen or been used in the commission of a crime. It seems to me that the police should reimburse the vehicle owner for having his truck towed.

I hate to be against the law because they have such a bad rap from the public all the time. But when they do something stupid and bring it on themselves, they deserve what they get. Right is right and wrong is wrong and they clearly were wrong on this case unless they can prove otherwise. For now I side with Mr. Weigand and his law suit. I wish him luck.

Tom Wardell

6 months ago

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