Posted on 05/20/2011 11:08:50 AM PDT by Michael Barnes
I have heard of cases where the prosecutor tries to circumvent the “fruit of the poison tree” defense by pleading that the “technicality” or “minor mistake” of the officer should not allow all the obviously illegal stuff they eventually found be thrown out.
They have had success, and, putting these two cases together eviscerates the 4th amendment. Check out some of the “Good faith” exceptions, or see where totally illegally found stuff CAN still be used against you, here:
http://www.lexisnexis.com/lawschool/study/outlines/html/crimpro/crimpro07.htm
Ron Reale
realetybytes.com
It gets worse - check the Facebook post from Bricker as to why she doesn’t have any of this on tape - completely flippant. I guess Bricker has never heard that extraordinary charges require extraordinary evidence - and she doens’t have jack in that department - but sure is milking the controversy she generated for all it is worth.
In looking at the facebook page demanding the sherrif be removed, all I can say is Bricker is a real nasty drama queen and shows all the hallmarks of someone who has completely warped what the sherrif said to pimp herself.
Okay, I won't/can't sue your butt if you intrude into my domicile (without a warrant, probable cause or in a clear and obvious 'hot pursuit') but I will shoot your arse if you take on my right to defend my family and property.
Trust me...things happen in the heat of the moment here in Texas.
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