TEN MORE COMMANDMENTS FOR NOT GETTING ARRESTED ON THE COMAL AND GUADALUPE RIVERS DURING MEMORIAL DAY WEEKEND
(INCLUDING THREE THINGS YOU SHOULD NEVER SAY TO A NEW BRAUNFELS, TEXAS COP)

Last May, we posted our now infamous “Ten Commandments for Not Getting Arrested on the Comal and Guadalupe Rivers During Memorial Day Weekend”. Due to the popularity of that post, we now, naturally, present THE SEQUEL. There are, of course, far more than ten ways to get arrested on the rivers, so we now give you ten more commandments for not getting arrested on or around the rivers this Memorial Day Weekend:

1. DO LISTEN TO THE GUYS IN TACKY YELLOW T-SHIRTS THAT SAY “POLICE”.
On and along the Comal River, some New Braunfels Police officers now wear shorts and yellow T-shirts with the word “POLICE” printed on them. Yet, invariably, every year we wind up representing at least one person in an Evading Detention case who refused to obey one of these officers, because (the client will claim) he didn’t know that the guy yelling at him to come over to the river bank was a real cop (because, as well all know, real cops don’t wear T-shirts). They may not be the fashion police, but they are the real police. When they order you out of the river, come to shore.

2. DON’T DROP YOUR DRINK IN THE RIVER.
As you might imagine, there are quite a few citations for Minor in Possession of Alcoholic Beverage issued every Summer on the rivers. And quite a few people have gotten the bright idea to drop their drink into the drink, as it were, when called to shore by the cops. What they don’t realize is that they are likely to get a citation for Littering on the river, which in New Braunfels, actually carries a much higher potential fine than MIP.

3. JUST BECAUSE ITS FLOATING BY OR SINKING DOESN’T MEAN IT BELONGS TO YOU.
It’s common for people on the rivers to flip a tube or raft going over a rapid, often dumping their possessions in the river along with themselves. It’s also become more common for thieves to hang out by the rapids waiting for people to flip their tubes. Once the person’s possessions go into the river, the thieves scoop up the items before the submerged person can surface. So many complaints have been lodged in recent years that local law enforcement has taken to stationing undercover cops, posing as tourists, at some rapids, and have made arrests for Theft. Don’t get caught being a Comali River Pirate.

4. GET A FRONT LICENSE PLATE FOR YOUR CAR
Many tourists from Houston use State Highway 46 as a route to and from New Braunfels once they leave IH 10. Realizing this, law enforcement has made a Summer cottage industry out of stopping out-of-area motorists for minor traffic violations along SH 46. A traffic detention also provides a cop with an excuse to scope out the interior of your car for illegal items, ask you how much you had to drink on the river, etc. By far the most common such reason for a traffic stop on SH 46 (other than Speeding) is No Front License Plate. A front license plate is much cheaper than bonding out of jail for some unrelated offense. Get one.

5. DON’T PARK ILLEGALLY
At first glance, it’s not obvious what this has to do with the rivers. Last year, the anti-tourist faction of the New Braunfels City Council made it illegal to park in many neighborhoods surrounding the Comal River without having a city-issued parking permit. If you are coming from out-of-town to float the Comal, you ain’t gettin’ one. Needless to say, this has made parking around the Comal River a major hassle. If you park illegally while on the river, you are not only giving the local cops an excuse to write you ticket, but also drawing police attention to your car, including the contents of its interior. Most outfitters have private lots where you can park, as well as parking shuttles. Call your outfitter ahead of time for parking info.

6. DON’T JUMP INTO THE RIVERS FROM BRIDGES OR CLIFFS
First off, it’s dangerous. Almost every year, someone gets either seriously injured or killed jumping from a bridge or a cliff into one of the rivers. Secondly, it’s illegal. All bridges crossing the Comal River belong to the City of New Braunfels, and jumping from them is a violation of city ordinance. Most cliffs on the Guadalupe River, such as Preiss Heights Cliff, are on private land. Trying to jump from one is likely to get you busted for Criminal Trespass.

7. DON’T LIE ABOUT YOUR IDENTITY OR AGE
As noted, every Summer many of America’s Youth (who are our future) get citations on the rivers for Minor in Possession of Alcohol. And every Summer, many of these same young people with bright, promising futures, attempt to talk their way out of the citation by lying about their name or age. Lying about your identity to a cop who has lawfully detained you is a BFD under Texas law, and in some circumstances can carry a potential jail sentence or probation. Having an arrest record for a jail-time type offense that involves lying can also be a BFD when you go job hunting a few years down the road. Just. Not. Worth. It.

8. DON’T CLAIM OWNERSHIP OR CONTROL OF ANYTHING THAT DOES NOT BELONG TO YOU.
As I have mentioned elsewhere on this blog, I know that chivalry is not dead. I know this because every Summer I meet a nice young man who, when his group was confronted by a copy at the river or a campsite, claimed possession of some illegal item (i.e., marijuana, a handgun) that did not belong to him. He did so because he wanted to prevent his girlfriend or best buddy from going to jail. Ironically, however, in almost every instance, by the time the case goes to court, the girlfriend is now an ex-girlfriend and the buddy is now an ex-buddy and Mr. Gallant is left holding the baggy.

9. MAKE LOVE, NOT WAR, BUT MAKE SURE TO GET A ROOM
Almost every Summer I have the pleasure of meeting at least one young couple, very much in love, whose vacation passion found expression in the cab of a pickup truck, on a riverbank, in a tent that didn’t have the flap closed, a hotel swimming pool, etc., and who are now charged with Public Lewdness. Even in the wee hours of the morning, the areas around the rivers are still crawling with other tourists, as well as cops or private security. You are not as alone as you think.

10. NEVER, EVER, SAY ANY OF THE FOLLOWING THREE THINGS TO A NEW BRAUNFELS COP:

(1) “I’m from Houston.”
(2) “I’m from Dallas.”
(3) “I just floated the Comal River.”

Have a fun (and safe) Memorial Day Weekend. And if you have too much fun, always remember what we say at our office: “A reasonable doubt for a reasonable fee.” Let the Summer Games begin….

The offensive in New Braunfels against the Great Rowdy Tuber Menace marches on this week. The New Braunfels Herald-Zeitung recently reported that the City Council is on the verge of approving yet another ordinance that purports to protect public safety, but is really intended to disrupt tourism shortly before Spring Break. The ordinance would regulate the manner in which river outfitters can run shuttles for tubers. The proposal would limit shuttles only to vehicles specifically designed for commercial shuttle service and would require outfitters to carry at least one million dollars in liability insurance. This proposed ordinance comes a year after the Council restricted parking areas in the vicinity of the Comal River, which forced outfitters to scramble in order to offer expanded shuttle service to tubers — not just to get tubers to and from the rivers, but also to get tubers to and from the outfitters’ businesses and the now-distant lots at which the tubers were forced to park.

Now, no one really argues that tube shuttles shouldn’t be operated safely. However, the timing of the ordinance is designed to make it impossible for many outfitters to comply with the new regulations in time to shuttle Spring breakers. Had the regulations been suggested after the end of the last tourist season, outfitters would have had several months in which to get ready for the new rules. If the  ordinance is passed, some outfitters may face the prospect of being run out of business.

The timing, of course, is not coincidental. This is the same council that, a few weeks ago, proposed a “roommates” ordinance that would have the effect of putting many local weekend house rental companies and bed and breakfasts out of business in the name of reducing noise from tourists on weekends.

None of these ordinances are necessary. There are plenty of laws and ordinances already on the books that protect riders in shuttles and that give law enforcement the ability to maintain peace and quiet in residential neighborhoods. The real intent of theses ordinances is to destroy the tourist industry in New Braunfels. In the long love/hate relationship that New Braunfels has had with river tourism, the hate faction now has the upper hand.

Ironically, this attack on the most iconic sector of the New Braunfels economy comes at a time when this same city council announced that the city is expected to run a 3.3 million dollar budget deficit, in large part because of declining sale tax revenues. At a time when New Braunfels desperately needs tourist dollars, the council continues to cut off its proverbial nose to spite its proverbial face.

Who knew that printing a new firm brochure would be such an adventure?  We just put out a new firm brochure for the first time in a few years.  We were really proud of it:  it’s colorful, glossy — a real classy, eye-catching deal.  And then we got the call from California.

It seems a lawyer from California was arrested on the Guadalupe River in New Braunfels this weekend for, of all things, violation of the city boom box ordinance.  But that’s not what was interesting about the call.  We have two toll free numbers — one for our New Braunfels office, one for Seguin. One of the numbers he saw on the brochure when he was dialing was the toll free number for Seguin.  Turns out what he got, instead of us, was an adult phone sex line offering conversations with very interesting ladies.

Now, mind you, this brochure was proofed repeatedly by four people, has been out for about three weeks, has been sent to hundreds of people, and was reviewed for compliance by the Advertising Review Committee of the State Bar of Texas.  But not until now did anyone bother to mention that anything was out of the ordinary.  The attorney helpfully pointed out that this might not be the image for which we were striving.

For the record, our correct toll free number for Seguin is 1-866-387-2722.

The most interesting part about this incident:  since the new brochure went out, our business in Seguin has increased approximately 50 percent compared to July of last year.  Haven’t heard if business is up for the phone sex line.  If so, talk about synergy.

USA Today published a survey of boaters this morning which showed that the most popular holiday for boating on lakes is the Fourth of July.  If you getting in your boat and heading out onto Canyon Lake, Lake Dunlap, Lake Placid or Lake McQueeney this Fourth of July Weekend, here’s a few things to remember in order to stay out of court (or worse):

1.  BOATING WHILE INTOXICATED IN TEXAS IS A SERIOUS OFFENSE:  In Texas, it’s illegal to operate any type of watercraft in public place while intoxicated due to the consumption of alcohol, drugs (prescription or otherwise), controlled substance, or any combo.  First offense Boating While Intoxicated is a Class B misdemeanor and carries the same range of punishment as a first offense Driving While Intoxicated charge — a fine of up to $2,000.00, nywhere from 72 hours up to 180 days in county jail, and/or up to 2 years of supervised probation.

2.  YOU CAN BE ARRESTED FOR BOATING WHILE INTOXICATED WHILE OPERATING A JET SKI:  Our Boating While Intoxicated statute in Texas provides that you can get a BWI while operating any kind of a “watercraft” while intoxicated.  “Watercraft” is broadly defined as any type of a vessel that is not designed to be propelled by the current of the water.  If you take the definition of watercraft to it’s logical extreme, it’s possible, in theory, to get arrested for BWI in a rowboat.  Needless to say, if it’s got a motor, and it floats, it qualifies as a watercraft.  We have represented more than one client who was arrested for BWI while jet-skiing.

3.  BOATING WHILE INTOXICATED CAN COST YOU YOUR DRIVER’S LICENSE TO DRIVE A CAR.  Under our implied consent statute — the one where law enforcement offers you a breath test after you get arrested for DWI and then seizes your driver’s license when you either fail or refuse  — BWI is also covered.  So in other words, if you refuse to take, or fail a breath test, after getting arrested for boating while intoxicated, you can lose your license to drive a car.

4.  BOATING CHECKPOINTS ARE LEGAL IN TEXAS — COPS DON’T NEED REASONABLE SUSPICION OR PROBABLE CAUSE TO STOP YOUR BOAT ON THE WATER:  As I’ve mentioned several times before on this blog, random law enforcement checkpoints to detain and search people are generally illegal in Texas.  There is at least one huge exception, however.  The Texas Legislature has made it legal for law enforcement to stop watercraft on the water in order to inspect safety equipment.  If you are stopped for a safety inspection, and the cop happens to notice that strong odor of alcohol on your breath or the tipsy look in your eyes, then you could wind up in trouble for more than not have life preservers onboard.

5.  “BUZZING” ISN’T JUST RUDE, IT’S ILLEGAL:  It’s illegal to operate a watercraft in a circular path around a swimmer or fisherman, as well as to operate a watercraft in an area marked off exclusively for swimmers or fishermen.  In addition, it’s also against law to create a wake behind your watercraft that endangers others on the water.

6.  KNOW THE SPECIAL RULES FOR THE LAKE ON WHICH YOU ARE BOATING:  Many people don’t realize that Canyon Lake is administered by the U.S. Army Corp of Engineers, which can adopt its own regulations for the areas it supervises.  Before getting on the water, make sure you know any special rules that apply to the body of
water on which you are boating.

7.  BONUS RULE:  That lake is like a frying pan.  Use a sunscreen with an SPF of 50 or above.  Happy boating.

If you are going through the criminal justice system, you should learn some of the lingo. Some words and phrases for the day:

CATCH A CHAIN: Getting transported to prison.

PAPER READY: A defendant’s felony case is completed, and he is ready to be transported to prison.

GETTING PSYCHED: For most of the world, getting excited, enthused, or mentally prepared. In the criminal justice system, submitting to a psychological evaluation to
determine if you are mentally competent to stand trial.

TWO BRAIN CELLS SHY OF A COMPETENCY HEARING: Crazy. Okay, this one’s not common, but I heard it recently and liked it.

ROCKET DOCKET: In some counties, a regularly-scheduled court docket on which a court tries to cram an unusually large number of cases through the system in a
single day. In other counties, a case calendar that make cases go from zero to jury trial setting in under sixty seconds.

RESET: Normal people reschedule. Criminal lawyers reset.

WARRANT ROUND-UP. The Sheriff and County Attorney are up for reelection, so it’s time to arrest a few truckloads full of people on ten year old Class C misdemeanors.

1.    KNOW THE DIFFERENT RULES FOR THE DIFFERENT RIVERS
Many tubers get confused because they assume that the rules and ordinances for the Guadalupe and Comal Rivers are the same.  They aren’t.  The Guadalupe River above Gruene is regulated by the WORD (Water-Oriented Recreation District).  The Guadalupe River below Gruene, and the Comal River, are within the City of New Braunfels and are subject to city ordinances.  Check with your outfitter to find out which special rules apply to the place where you will be tubing.

2.    ASSUME YOU ARE BEING WATCHED ON THE RIVER
Just because you don’t see someone in uniform, don’t assume that you aren’t being watched by law enforcement .   Many tubers don’t realize that local law enforcement often employs plain-clothes “spotters” along the river — people with binoculars and communication devices — who watch for violations of the law and report them to uniformed officers downstream.  Recently, local police agencies have started to put undercover cops in the rivers posing as tourists.

3.    DON’T TAKE GLASS OR STYROFOAM ON THE RIVER
Many people who get arrested were initially detained for a relatively minor infraction — taking glass or styrofoam on the river.  Once detained, you may wind up being arrested if some more serious offense is discovered.  Glass and styrofoam containers are banned on both the Guadalupe and Comal.  Go green this Memorial Day and decrease the odds of going to jail.

4.    HAVE A DESIGNATED TUBER (AND WEAR A LIFE JACKET)
During a typical Memorial Day Weekend, many people are arrested for Public Intoxication.  In Texas, however, Public Intoxication does not simply mean that you are intoxicated in a public place.  Rather, it means you are intoxicated in a public place in circumstances where you might pose a danger to yourself or others.  When cops arrest someone for Public Intoxication near one of the rivers, the main concerns are that the person will flip his tube and drown or that the person will get out of the river and drive a vehicle.  As a practical matter, though, cops often will not arrest an intoxicated person if the person is with someone who is sober, someone who can drive and look out for the intoxicated friend or relative.  Every group of tubers should have a “designated tuber”  — someone who is not drinking who can drive home and look out for others in the group while on the river.  And everyone should be wearing a life jacket while on the water.

5.    IF TUBING THE COMAL, PICK UP A REGULATION-SIZED COOLER ON THE WAY INTO TOWN
Alcohol is legal on the Comal River.  The City of New Braunfels, however, tries to indirectly limit the amount of alcohol a person can consume by limiting the size of coolers allowed on the river.  Almost all of the convenience stores in New Braunfels sell coolers that are deemed acceptable on the Comal River.  Buy one and avoid a cooler citation, as well as an unwanted contact with law enforcement.

6.    KNOW THAT CAMPGROUNDS ARE PUBLIC PLACES
Just because you rent a spot on which to pitch your tent at night, you don’t “own” it.  Campgrounds are considered public places, and you should expect people to be roaming around your camp site — including the police.  Some campgrounds near the river are routinely patrolled by law enforcement and private security guards.  It always amazes me the illegal items that people leave out in plain view at their camp site — on picnic tables, on the front seats of their vehicles, on their laps.  While camping, put away anything that you don’t want the rest of the world to see.

7.    DON’T LET MINORS STORE ALCOHOL IN YOUR COOLER
Furnishing alcohol to minors is illegal.  Every year, we have several clients who get arrested under the following scenario:  Someone who is over 21 years old goes to the river with his friends or relatives, some of whom are minors.  This person supplies the cooler for everyone’s food and drinks.  The minors place a six-pack of beer in the cooler.  While on the river, a cop spots one of the minors grabbing a beer from the cooler.  The cop then proceeds to find out who owns the cooler.  Once the owner is identified, he’s arrested for Furnishing Alcohol to a Minor.  Now technically, the owner of the cooler is not guilty of providing the alcohol to the minors.  But he’s getting a complimentary ride to jail, anyway, because the cop assumes he supplied all of the items in the cooler.  Don’t let anyone put anything in your cooler for which you don’t want to be held responsible.

8.    DON’T BE RUDE AND DON’T FAIL THE ATTITUDE TEST WITH COPS
Any criminal defense lawyer will tell you that main secret to not getting arrested is to fly under the radar and not draw attention from law enforcement.  If you are rude to other tubers, they are more likely to point you out to a cop.  And once detained, never, ever be confrontational or disrespectful to the cop, even if think that the cop is wrong or behaving rudely.  When you annoy and irritate a cop, you are more likely to catch a ride to jail.  Cops are human.  Cops don’t enjoy spending Memorial Day working 12 hour shifts on the river.  Anger an overworked cop on the river at your peril.  Manners go a long way.

9.    STAY OFF OF PRIVATE LAND
Many stretches of both the Guadalupe and Comal Rivers are bordered by private land.  If you get out of your tube onto private property, you may be reported for Criminal Trespass.  This especially goes for Pruess Heights Cliff (which some tubers like to jump off of).  If you need to get out of your tube, make sure you are getting out somewhere that has public access.  Never climb onto a private deck, dock, or pier.

10.    NEVER CONSENT TO A SEARCH
If a cop already has probable cause to believe you possess illegal drugs or some other contraband, he doesn’t need your consent to search the place where he believes the item may be located.  If he asks for consent, it usually means two things:  either he doesn’t have have probable cause to search and he wants your permission to go on a fishing expedition, or he is covering his tail in case the reason for the search is later found to be lacking.  I bring this up because, over the past few years, we have had several clients who claimed they were stopped by cops at illegal checkpoints on the river.  Typically, the client would say that a cop ordered him out of the river in order to search his belongs for glass or styrofoam.  Checkpoints are illegal in Texas except under very limited circumstances (they are definitely illegal on the rivers).  Don’t risk converting an illegal search into a legal one by consenting to it.

(BONUS) 11.  DON’T LOOK LIKE A TOURIST (SO MUCH)
Put away the Houston Rockets T-Shirt when visiting the rivers.  Human nature being what it is, some people unfairly brand others with stereotypes.  There is a faction of people in Comal County who view tourists as a nuisance to be eradicated.  If you advertise that you are from out-of-town, you are more likely to be viewed as one of those “rowdy tubers” from Dallas or Houston.  You are more likely to be complained about to, and draw the attention of, law enforcement.  Help out your outfitter by buying one of those “The Living is Good in New Braunfels” T-Shirts and tube like a local.

(BONUS) 12.  BE SAFE
As always, have fun, but not too much.  Live to be a ripe old age so that you can pay attorney’s fees for your grandchildren after they get a citation on the Guadalupe or Comal Rivers.

KENS TV in San Antonio reported yesterday that the New Braunfels City Council finally approved a parking permit plan for areas of New Braunfels in the vicinity of the Comal River.  As I have previously blogged (“What Parking Permits Have to Do With Criminal Cases on the Comal River”) this parking permit plan has less to do with traffic control than it does with a pleasing a faction within the city that is hostile to tourists.

Under the plan, you will not be able to park in areas near the Comal River unless you have first obtained a parking permit from, and approved by, the City of New Braunfels (parking permit applications forms are now available online).  Daily visitor permits can be obtained, but must be gotten in advance, and are subject to city approval.  In other words, tubers wanting to float the Comal River with their own tubes will have to be willing to hike in order to get access to river.  If you are getting your tube from an outfitter, you will have to find an outfitter that has managed to secure alternative parking for its customers.  The City of New Braunfels, of course, has no plans to build or acquire any public parking close to the Comal River or downtown.

This is just another of a long line of ordinances passed by the City of New Braunfels in order to harass tourists.  Over the last decade, many people have moved into New Braunfels who have no direct ties to the local economy — they work in San Antonio or Austin, they are retirees, etc.  Rather than valuing river tubers as a boon to the local economy, they are viewed as a problem to be eliminated.  Thus, you have seen a procession of weird ordinances only to be found in New Braunfels, such as the one regulating the size of a cooler.  Ordinances which allow police enforcing zero tolerance policies to issue criminal citations to people innocently minding their own business and not bothering anyone.

Perhaps when the New Braunfels City Council manages to drive tourism elsewhere, and revenue from tourism dries up, the Council will begin to use its ordinance making power to actually protect public safety and welfare, rather than as tool for harassment.

With college Spring Breaks taking place across the U.S., many of America’s young people (who are our future) will experience the annual rite of passage of being detained by the cops. The best way to avoid law enforcement (although not foolproof) is to not break the law to begin with. Nevertheless, the as the sun rises in the morning, Spring Break is Spring Break, so I give the following commandments for not getting arrested.  These also work at other times of the year, as well:

COMMANDMENT NO. 1:  DO NOT FAIL THE ATTITUDE TEST WITH THE COP
Never, ever be confrontational or disrespectful to a cop when detained, even if you think the cop is wrong or acting rudely.  The difference between annoying and irritating most people and annoying and irritating a cop is simple:  when a cop is fed up with you, he can arrest you.  Cops are human.  If you you catch one at the end of a long, tiring, and frustrating shift and you are viewed as being disrespectful, your chances of getting arrested go up exponentially.  I have lost track of how many roadside videos I have watched where the person being detained might have walked away free if they had just been polite, instead of going to jail for something relatively minor.  Manners can go a long way.

COMMANDMENT NO 2:  DO NOT LIE ABOUT YOUR IDENTITY OR AGE
In many jurisdictions, lying to a cop about your name or age when you have been lawfully detained is a jailable offense.  Unfortunately, most of the people I see get arrested for failure to identify are people who are trying to talk themselves out of a citation or ticket.  The getting caught lying to a cop about identity or age is almost always far more serious than the offense these folks were trying to avoid in the first place.

COMMANDMENT NO. 3:  DO NOT CLAIM OWNERSHIP OF ANYTHING THAT DOES NOT BELONG TO YOU.
Chivalry is not dead.  I know this because, at least once a month, a young man comes into my office who was arrested because he claimed ownership of marijuana that belonged to his girlfriend or his buddy, because he didn’t want to see that person get arrested.  And usually, by the time the case gets filed in court, the girlfriend or buddy is now an ex-girlfriend or ex-buddy and Mr. Noble is stuck holding the bag (excuse the pun).  Of course, I could explain to the prosecutor that the this young man with a heart of gold simply lied to the arresting officer, but in Texas, making a false report to a peace office is often far more serious than the offense my client is actually charged with.  You claim it, its yours.

COMMANDMENT NO. 4:  DO NOT CONSENT TO A SEARCH
If a cop already has probable cause to believe you are possession of drugs or other contraband, he doesn’t need to ask for your consent to search the place where he believes the item is located.  If he asks you for consent, it means one of two things:  either he doesn’t have probable cause and he’s going on a fishing expedition, or he’s doing CYA in case his reason for searching is later found to be lacking.  Never convert a bad search into a good search by giving consent.

COMMANDMENT NO. 5:  DO NOT RUN OR HIDE FROM THE COP
Again, I have lost track of how many people I have seen arrested for fleeing or hiding from a cop over minor stuff  — traffic tickets, minor in possession of alcohol, etc.  Running from the cop will not only get you arrested, it can get you seriously injured, and buy you a lousy criminal record to boot.  Ironically, I have represented many people in evading cases who would not have been convicted, or even arrested, for the offense for which the cop wanted to detain.  Needless to say, if you flee, the cop will assume you are guilty of more than just running.  (Also, don’t judge a book by its cover.  That cop may appear to have eaten too many donuts, but I guarantee you he is almost always faster than he looks –  and has backup.  You are likely to lose the foot race.)

COMMANDMENT NO. 6:     DO NOT REFUSE TO SIGN THE CITATION
If a cop asks you to sign a citation or ticket, it’s not an admission of guilt.  You can always go to court and fight the charge.  However, I have seen many cases where cops decided to take someone into custody after the person refused to sign a citation for a relatively minor offense (See Commandment No. 1).

COMMANDMENT NO 7:  DO NOT DRIVE LIKE AN IDIOT
The vast majority of arrests in the U.S. arise out  traffic stops.  A cop stops someone for, say, speeding, and then discovers marijuana or other drugs, open warrants, that the person has been drinking, etc.  Don’t draw attention to yourself or give the cops a reason to stop you to begin with.

COMMANDMENT NO. 8:  DO NOT KEEP ILLEGAL ITEMS IN THE INTERIOR OF YOUR VEHICLE
Rule of thumb — keep your illegal stuff at home.  But if you feel compelled to travel with it, keep it in your trunk.  If your car is stopped for a traffic violation and the cop sees (or smells) even the slightest sign of illegal activity, expect a detention and search.  If he can’t see it in plain view or smell it, the chances of a search and arrest drop significantly.

COMMANDMENT NO. 9:  DO NOT PUT YOUR HANDS IN YOUR POCKETS (OR THE GLOVE BOX, ETC.)
Back in ancient times, when I was a prosecutor, I always told the cops the same thing:  when in doubt, search.  I would rather go to your suppression hearing than go to your funeral.  Cops are killed during routine traffic stops every year, and cops are understandably cautious when detaining someone (especially at night).  When you nervously put you hands on or near your pockets, or you dig around in your car’s glove box before you are asked to do so, cops start getting nervous about whether or not you have a weapon, or something else you shouldn’t possess.  If you act this way, you are begging for a search.  Don’t reach for anything unless the cop asks you to do so and keep your hands in plain view.

COMMANDMENT NO. 10:  DO NOT INTERFERE WITH A COP DETAINING ANOTHER PERSON
If a cop is questioning your friend or relative and asks you to stand off to the side, stand off to the side.  If you start to approach the cop, begin yelling at the cop, or (God forbid)  touch the cop, you will be viewed as confrontational and potentially violent and will be treated as such (See Commandments 1 and 9).

BONUS COMMANDMENT:  BE SAFE
Have fun, but not too much.  Live to a ripe old age so that you can pay the attorney’s fees for your children after they get busted at Spring Break.

There must be a misprint in this morning’s New Braunfels Herald-Zeitung.  Someone is actually making a reasonable proposal  having to do with law enforcement on the  Comal and Guadalupe Rivers.  State Rep Doug Miller is introducing legislation that would change some criminal trespassing cases from Class B Misdemeanors to Class C
Misdemeanors.  This is being proposed in response to the number of arrests made every summer on the Comal and Guadalupe.  Most of the property along these two rivers is private, and when tubers get out of the river at places not open to the public (to rearrange clothing, grab a drink, wait for friends who are upriver, etc.) they may be committing criminal trespass.  At the moment, Criminal Trespass is a Class B Misdemeanor, which means it carries a potential jail sentence of up to 180 days, or supervised probation of up to two years (not to mention that is can leave a permanent mark on  someone’s criminal record).  Changing some Criminal Trespass cases to Class C Misdemeanors would lower the potential punishment to a fine of $500.00, essentially making the offense the legal equivalent of a traffic ticket.  Not only would this make life easier for the people being charged (most of whom weren’t trying to harm anyone) but also make life easier for local law enforcement.  Police now spend countless hours making arrests for Criminal Trespass on the rivers every summer — which includes the time not only to take a person into custody, but also to transport the person to jail, book them, generate a police report, and take the person in front a magistrate to set bail.  Taking these people to jail also takes up badly in needed bed space in a jail that is often bulging at the seams during the summer.  Allowing a Criminal Trespass to be a Class C misdemeanor in some circumstances would give cops greatly leeway to simply issue a citation to someone rather than making a full-blown arrest.  Like I said, this makes a lot of sense, so I’m not holding my breath on this actually getting passed in the Texas Legislature.  But I will cross my fingers and keep you posted as this bill is considered.

Ahh…Summer in New Braunfels is just around the corner.  You can tell because, shortly before Groundhog Day, the New Braunfels City Council started fighting about the Comal River.

A San Antonio defense lawyer, who I met in court a couple of days ago, asked me about the latest round in New Braunfels’ Great Comal River War, which involves a proposed parking permit scheme for the area surrounding the river.  The plan eliminates nearly 500 parking spaces near the Comal River, which would force tubers to park in nearby neighborhoods.  And, oh, by the way, the city also plans to make parking in those neighborhoods by city-issued permit only, which means tubers couldn’t park there, either.  “What’s wrong with you people?”, the San Antonio lawyer asked.  What’s wrong, indeed?

This is just the latest chapter in a fight over the Comal River that has been raging in New Braunfels for over a decade.  For decades,  New Braunfels has poured millions of dollars into promoting river tourism on its two rivers, the Guadalupe and the Comal.  And the tourists have come in huge numbers.  And although most of the tourists simply come, have a good time, and cause no trouble at all, there have been the  problems that are normally associated with large crowds on a river in the summer — people having a little too much to drink, using illegal drugs, getting in fights, noise, etc.  New Braunfels has been willing to live with these annoyances because tourism has brought a great deal of revenue to city businesses and city tax coffers and has supplied jobs to many residents, be they the people who work for an outfitter, staff a hotel or restaurant, or stand behind the counter at a convenience store where a tourist fills his gas tank.

But over the last ten years, the population of New Braunfels has exploded, and the composition of the city has changed.  Many of the people moving into New Braunfels are not directly plugged into the local economy — either they work somewhere else, such as San Antonio or Austin, or they are retirees.  In other words, the city is becoming a bedroom community in the I-35 Corridor.  These folks view the problems with tourism not as a necessary annoyance to be tolerated, but as a threat to their quality of life that has to eliminated.

So, for several years, you have had a civil war over tourism.  City council recall campaigns have been waged and referendums have been held over what to do with the Comal River.  Over the past ten years, the anti-tourism faction in New Braunfels has tried (without success) to ban alcohol on the river, has passed some pretty ridiculous ordinances (such as regulating cooler size) that are aimed as hassling tourists, and, now, plans to deny tubers a place to park.

What has also taken place over the last few years is the creation of a zero tolerance policy on the Comal River by the New Braunfels Police Department in response to pressure from the anti-tourism faction on New Braunfels City Council.  I now routinely have people from Houston and Dallas come into my office after having been arrested for relatively minor offenses that, if they had occurred somewhere else, might have, at worst, resulted in someone being issued a ticket.  When they ask “What’s wrong with those people?” I have to explain that they now have to face the possibility of having an arrest on their criminal records for the rest of their lives because they are being used to “send a message” in a local political fight.  I have to explain to them that “What’s wrong with those people” is that they have an unresolved love-hate relationship with tourists and that the person who contacted me happens to be a tourist who is caught in the middle.

The latest parking permit plan is just another symptom of the toxic political atmosphere that surrounds the issue of tourism in New Braunfels.  “What is wrong with those people” is that they are willing to pass inane ordinances that adversely affect the lives of thousands, in order to protect the interests of a few privileged and affluent newcomers.  One has to wonder, when the tourists finally leave, will those who drove them away volunteer to make up the lost tax revenue and replace the lost jobs.  How many more seventeen and eighteen year olds will need to be carted off to jail before they feel like the living is good in New Braunfels.

What’s wrong with those people?