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Texas court rules that police may introduce illegally gathered evidence at trial
Coach is Right ^ | 3/15/14 | Doug Book

Posted on 03/15/2014 9:01:05 AM PDT by Oldpuppymax

Texas prosecutors are applauding a decision by the State Court of Criminal Appeals which provides police officers a second chance to present evidence which has been gathered contrary to Texas law and the 4th Amendment. The ruling literally offers law enforcement a “do-over;” an opportunity to secure a search warrant AFTER a home has been illegally searched and AFTER evidence has been improperly obtained.

In 2010, police in Parker County, Texas received a call from a confidential informant (CI) who claimed that Fred Wehrenberg and a number of associates “were fixin’” to cook meth. Hours after the call–at 12:30 A.M the following day–police entered the Wehrenberg home without a warrant and against the wishes of Wehrenberg. Police handcuffed all of the occupants, held them in the front yard and proceeded to perform what the officers described as a “protective sweep” of the residence. An hour and a half later, after finding no meth being made on the premises, police prepared a...

(Excerpt) Read more at coachisright.com ...


TOPICS: Government; Politics; Society
KEYWORDS: 4thamendment; evidence; legal; wehrenberg
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To: Wuli
As I said, you and I will have to agree to disagree about the quality of remedy. The actual harm you're talking about, however, was not caused by the manufacture of the Exclusionary Rule, which is a very small part of judicial overreach.

That abuse began with John Marshall. Jefferson wanted to impeach, convict, and remove all of Adam's "Midnight Judges." I wish he had succeeded. But The Constitution's relegation to the role of a toy for the Federal judiciary precedes the overreach of the Exclusionary Rule by more than a century.

You want to talk about actual harm? Chief Justice Taney's overreach got 2% of the entire US population killed. Griswold v. Connecticut was a decision that led to a Holocaust. The creation of the Federal Exclusionary rule, or even its Incorporation is not very high on the list of usurped powers. John Robert's 0bamacare ruling is far worse. It turns the Congressional Power to tax into a plenary power -- completely the opposite of the plain wording in Article I of the Constitution. Liberals don't even need the abuse of the Commerce Clause anymore...

181 posted on 03/17/2014 9:38:06 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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To: dragnet2
Again, you need to learn some history.

During the "many decades" since Roosevelt sent us down the present road to serfdom, Eisenhower closed the Mexico boarder and deported about 80,000 Mexicans in one year during Operation Wetback, and an additional approximately 2 million self-deported fearing arrest.

Get the rundown here, among many places: http://www.csmonitor.com/2006/0706/p09s01-coop.html

Our problem isn't that illegals are voting. Our problem is that Americans are.

182 posted on 03/17/2014 9:44:43 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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To: FredZarguna

I am not talking of the individual acts related to the “exclusionary rule”, but the greater error it is but one part of - judges writing their own Constitution from the bench; It strikes at the heart of what it is supposed to mean to be nation governed by a government of laws, not men, and where the nation’s most basic law, the Constitution, is ONLY to be written by we the people, not mere judges. That greater error and the tyranny it establishes makes any “abuse” of any “exclusionary rule” pale by comparison, as a structural and foundational error.


183 posted on 03/17/2014 10:05:04 PM PDT by Wuli
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To: FredZarguna
Our problem isn't that illegals are voting.

No? Then why are you evading the question?

You need to reboot yourself...

Ya got tens of millions here who work, drive, and vote...They've changed your history, language and electoral process....You're just too ignorant to know it.

Yes, I blame the American people.

Of course you do...Never mind Americans have been voting for, pleading, begging, protesting, petitioning and demanding basic things like border protection and control for many decades...

Say, isn't securing and protecting our borders one of the few things govenrment is supposed to do????

Why are you evading the questions?

184 posted on 03/17/2014 10:08:53 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: FredZarguna
since Roosevelt

BTW, you're not impressing anyone with your little history bit...I'm talking this century, not the last century...Lets get updated.

Gezzzz

185 posted on 03/17/2014 10:23:37 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: dragnet2

So, in your world, there are “many decades” in the 21st century.


186 posted on 03/18/2014 12:44:55 PM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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To: FredZarguna

Ferrget it Fred....

Go back to Roosevelt...

Cheers...


187 posted on 03/18/2014 4:07:31 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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