TDCAA Community
Right of LE to Investigate

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9401040712

January 25, 2011, 07:58
Scott M. Tidwell
Right of LE to Investigate
Assume a local company operates several plant sites. An accident occurs, and EMS and LE are dispatched to the site, where someone is obviously injured. LE for years has basically documented the scene ie photos, drawings, measurements, and taken statements from witnesses. Usually there is nothing criminal, and all the info collected is gathered by OSHA and lawyers.

Now an accident happens, and Company tells LE no photos, no statements and if you took any they must be returned to Company.

Doesn't LE have a right to investigate?
January 26, 2011, 09:12
P.D. Ray
If this happened in a bar, would you ask the bar owner permission to block off the crime scene? Give your pictures to the bar owner?
January 26, 2011, 16:59
aahorn
It's in the transportation code...

Sec. 550.041. INVESTIGATION BY PEACE OFFICER. (a) A peace officer who is notified of a motor vehicle accident resulting in injury to or death of a person or property damage to an apparent extent of at least $1,000 may investigate the accident and file justifiable charges relating to the accident without regard to whether the accident occurred on property to which this chapter applies.

(b) This section does not apply to:

(1) a privately owned residential parking area; or

(2) a privately owned parking lot where a fee is charged for parking or storing a vehicle.
January 26, 2011, 17:54
Clay A.
Telling officers who not to talk to, restricting access to evidence, witness, and information and what to do with their evidence may violate some criminal statutes.
January 27, 2011, 07:58
aahorn
"Worst case", officers enter the scene to secure it and prevent the destruction/alteration of any evidence while other officers obtain a search warrant.