Texas Cop Assaults, Handcuffs Man for Attempting to Video Record them Searching his Car During Traffic Stop


A Texas police officer pulled over a man for running a stop sign, then decided to search the car after claiming he smelled marijuana.

The driver decided to pull out his phone and start recording.

It landed him in handcuffs.

The incident took place early this morning in Nacogdoches, a city in the middle of Texas that claims to be the “oldest town in Texas.”

The man who recorded the video is apparently named Eric Wesley. At least that’s the username he uses on Youtube, where he has only posted one video, which you can see above.

The cop claims he assaulted Wesley because he had shone a camera light in his face, which obviously is something they believe only they are entitled to do with their flashlights.

This is how he described the incident in the Youtube description:

Got pulled over for “running a stop sign” at 1a.m. on my way go taco bell. The officer that pulled me over said he smelled “weed” when my car door opened, called for back up and asked me to step out the car, patted me down and searched my car while I was about 15 feet away standing by the sgt. In the video you can hear me asking if I had permission to watch the search and got the response of “did I tell you that you couldn’t” so I stepped towards my car to watch and I was asked to come back to the sgt immediately…which I did, phone still recording..its 1 a.m. so my flash was on..the sgt accused me of putting the light in his eye and tried to knock my $650 phone out of my hand but didn’t and then tried to grab it and when I didnt let go he twisted my wrist and placed my arm behind my back andthe other officer came and twisted my other arm for no reason, I wasn’t resisting and placed me in some really tight handcuffs while he finished searching my car, which had no illegal drugs in it and he let me go..no ticket, no warning BUT his original reason for pullingmeme over cause I “ran a stop sign” smh…!

Click on hyperlink to send email to Police Chief Jim Sevey. Or call this number and ask for him. (936) 559-2607.

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

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  • steve618

    Cops think nothing of rudely burning people’s eyeb@lls out with 700 lumen t@clites during routine stops, but whine when some itty bitty phone light is pointed towards them.. F ’em.

    • Difdi

      Technically speaking, it would be illegal to drive with rear-facing bright white lights in Texas…but a parked car isn’t driving. Install a “turret” that activates when the engine is switched off, with a sun tracker. Set it to aim a 1200+ lumen flashlight at the brightest source of light within 5 feet.

      Bets on whether police would respond by trying to shoot it out?

    • steveo

      Also, the “I smell weed excuse” for probable cause is getting worn out. Did you smell burnt cannabis? or raw cannabis? Courts are starting to suppress the searches of vehicles just based on smell of raw cannabis by a leo. It’s not a done deal any more that they can just write, that they smelled raw cannabis searched and found some weed. And for the smell of burnt marijuana, they can probably search the passenger compartment, but not the trunk without consent or a warrant.

  • http://www.rockinghorseguy.com/ TheFlashingScotsman

    I hope this small burg has some money in the vault to pay the lawsuit.

  • Guest

    White and yellow safety lights are permitted on vehicles in most states. It would be awesome to outfit a vehicle with rearward facing high intensity white lights. Once completely stopped you could light up the police car like a thousand suns, blinding them the way they blind the citizen-victims for whom they prowl. Fair is fair.

    • Jonah Manke

      Watch Foamy the squirrel hammers and floodlights what you are wanting to do plus what is described by Foamy are in my opinion AWESOME. http://www.youtube.com/watch?v=_GjVy2pMZiY

    • http://excoplawstudent.wordpress.com/ ExCop-Lawyer

      That’s a $200 ticket in Texas. White light visible to the rear, Sec. 547.303, Texas Trans. Code.

      Not a real good idea.

      • James Michael

        And doesn’t apply if you are not in “transportation” …. Learn some law and you would know that…. :)

        • http://excoplawstudent.wordpress.com/ ExCop-Lawyer


          Yeah, that’ll work.

          About as well as the sovereign idiocy argument worked for:

          Enrique Alvarez (16 year sentence), Texas
          Andrew Schneider (5 year sentence), US
          Anthony Cartman (11 years), US
          Bolivar Benabe (life), US
          Julian Salizar (life), US
          Juan Juarez (life), US
          Christian Guzman (life), US
          Stephen Susinka (20 years), US

          I could go on, but it is more of the same. I also thought about putting the court opinions as related to their “sovereign citizen” defense up, but couldn’t stop laughing long enough to do it.

          Here’s your sign…

          • burban

            Splitting a hair, TX Sec. 547.332. OTHER LAMPS PERMITTED.
            (3) one or more backup lamps that:
            (A) emit an amber or white light only when the vehicle is not moving forward; and
            (B) may be displayed separately or in combination with another lamp.

            You would probably lose, but you could make the argument that since the vehicle was stopped, exhibiting a rear white light was permissible.

            ECLS, I love it when you make me look up things like this. Expanding knowledge–priceless

          • Proud GrandPa

            I think a DA could argue quite reasonably that the effect of bright white lights facing oncoming traffic is the same. He/she could argue that safety is the reason behind the law and sustain an arrest for endangering public safety.
            Shining a bright light into a cop’s eyes at night could very well conceal what the other hand is doing… such as going for a weapon. I can see the issue if it concerns shining a bright light at night into the officer’s eyes. I think the officer should have explained better why he didn’t want the light in his eyes, but he had only a second to respond before the driver could get a weapon.
            Would the officer allow photos with low light or with IR film? If so, then the issue is solely the light in eyes issue.

          • Rail Car Fan

            “ExCop-LawStudent” is slipping up these days. I didn’t see his usual “snarky”… “Nice try. Thanks for playing” response like he usually does.

            Rail Car Fan

          • http://excoplawstudent.wordpress.com/ ExCop-Lawyer

            What? You didn’t like the “Here’s your sign” comment?

            I’m crushed.

          • perogi

            It’s going to be a sad day when the name is changed to “ExCop-ExLawStudent-YouWantFriesWithThat?”

          • http://excoplawstudent.wordpress.com/ ExCop-Lawyer

            LOL. Not going to happen.

            I would be afraid of putting you out of a job, and I would hate to have that on my conscious.

          • perogi

            You used to be a cop and now you’re going to try to become a lawyer – no one believes that you have a “conscious” [sic].

            Protip: choose your words wisely

  • Fotaugrafee

    Sounds like someone was trying to cover themselves, by letting you go I’m thinking they realized they fucked up here & were hoping this wouldn’t see the light of day.

    They were wrong. 😀

    • Rail Car Fan

      “Fotaugrafee” said in part…

      “Wouldn’t see the ‘LIGHT’ of day!”

      LOL… Very Good.

      Rail Car Fan

  • Friday Foster

    Pig bitches

  • steveo

    I’ve been looking at use of force statistics and the category usually starts out with 1) putting hands on detainee and goes up from there to putting on handcuffs, bending arms, taking to ground, etc. The use of force numbers in the stop and frisk case in NYC was illuminating because just putting hands on the detainees (when not frisking) was less than 1 percent of the encounters. Chemical spray and tasers were way way down percentage wise making most encounters 99.9 percent use of force free.

    But we should do a statistical analysis of encounters with videographers, and I bet that the use of force with photographers is off the chart, comparatively with other police encounters. And photographers aren’t even breaking the law. Here the videographer even asked permission and was handcuffed.

    Here the videographer should get the use of force report (if the leos even bothered to fill it out) and the dash cam video(the newer cams record about 2 min before the lights go on) and the radio audio traffic before the stop and demand an internal investigation and send the reports and video to the FBI. Sooner or later, this stuff has to have an end point one way or the other.

    • HOWARD

      sounds like a great plan to me, lets do it!

    • Proud GrandPa

      Not so fast, Steve. The officer had a reason to protect his night vision while the suspect had his hands free. The officer had only a second to decide to protect his eyes.
      Had this been a daylight stop, then it would have been a different matter. I side with the cop on this one.

      • Rail Car Fan

        You side with the cops with this one..!!..?

        All of this and he was just taking pictures and “wasn’t resisting.”

        “Cop tried to knock $650 phone out of hand,twisted wrist and placed arm behind back, the other officer cop twisted other arm for no reason, placed in really tight handcuffs ”

        I’m glad you’re NOT a cop because it seems to me (from your comment of siding with cops after learning what they had done), you’d fall right in line with being a “Badge Bully”!

        Rail Car Fan

      • rick

        Haha! Protect his night vision while the car in front of him is lit up by how many lumens?

  • DannyE

    I live in nacogdoches and this really pisses me off. Will call the chief tomorrow and piss in his ear.

  • Tijuana Joe

    A large stash of cannabis was found in the car, right?
    Otherwise it would suggest the officer was (gasp)

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