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 ...
I’m not entirely positive about this. Doug Book is obviously greatly alarmed for very good reason, but I wonder if we’re presented with the information in a fair way.
If police suspect a crime is currently taking place, they do not need a search warrant. The judge *might* believe that the CI have risen to strong enough cause for that belief in this case. If so, then the judge must consider whether the report of the CI, plus whatever evidence put the CI in place in the first place, might have been sufficient cause for a search warrant.
IOW, the question MAY BE: If a search warrant *could* have been attained legally had not the police believed they were halting the commission of a crime, does the fact that they wrongly believed they were halting the commission of a crime nullify their chance to secure a warrant? If not, would you say the same thing if they were told someone was about to be murdered, and they found a serial killer’s lair?
On the other hand, for all I know the cops were absolutely acting in bad faith. I’m just looking not to rush to judgment.
That Police State knows no region or level of government it seems. Fascism everywhere.
Some people on this thread are happy to stomp on Texas but it is FEDERAL LAW that caused this judge's decision. Texas law is second to federal law just as every state is.
According to this federal law, there has to be a confidential informant before this entering without a warrant can be done. Evidently the police knew this informant, likely “their” informant. Bubba down at the bar can't call and get police to enter someone’s house without a warrant.
Change the federal law that caused this.
“...who cited as his grounds to reject Wehrenberg’s appeal the federal Independent Source Doctrine, “…a legally questionable concept that permits illegally seized evidence that was mentioned to police by a third party beforehand.”
“Writing for the majority, Criminal Appeals Court Judge Elsa Alcala agreed that, “…while Texas’ “exclusionary rule” bans illegally seized evidence from trial, federal precedent dictates that it can be introduced if it was first confirmed by an independent source.”
Bingo dforest. A sad Bingo but a Bingo nonetheless.
Yeah.
There is a contingent of nutcase leftists who post here in a united front.
They are like the free Mumia people. Same dynamic.
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And they have popped up in droves over the past few days even though they have been Freepers for years...
I am beginning to think they are a leftist sleeper cell that infiltrated the site years ago and it has suddenly been activated.
So the police can come into your home, search through it scatter trash all over the place and if they find nothing proceed onto the next house to repeat the same process and leave the home in ruins with no recourse from the innocent homeowner.
Another mind numbingly stupid ruling from the courts and then it has the prosecutors applauding.
No. My America has been destroyed. It was nice while it lasted. Too bad my kids and future generations will not know what it was like to be free.
“Never thought I’d live to see the day when freezers would be calling for help ...”
Ohhhhh! That’s cold.
I never thought that I’d see the day when freezers (Freepers) would applaud the trampling of the Constitution in the name of going after criminals. That’s what the Nazis did and it led to tyranny.
That's my thought as well. The "tainted fruit" precedent was established back in 1939. Not that that means anything to this Gestapo-ized administration, but at least it's a formal ruling that has to be overcome.
see my post 43.
The lying cops and judges call it
their “caretaker role” here in the Republic of Massachusetts. I know this from experience.
Unfortunately, abuse of the Constitution does not limit itself to actions against criminals. The police and the justice system become criminals themselves, arresting, shooting, prosecuting, and destroying innocent citizens in their blood lust for power. Innocent people and innocent dogs die at the hands of law and order zealots. This is human nature and is why constraints on government power must be in place and must be enforced.
Police today are not properly constrained and prosecutors and judges are enabling their abuse of power.
Pure nonsense. The police can still get away with entirely too much in the way of criminal entry of a premises, The Bill of Rights notwithstanding.
Fortunately, this ruling is going to survive about 5 minutes in Federal Court.
“Prosecutors applaud decision allowing police to break law.”
What is wrong with this picture?
What would an appropriate punishment for government employees who violate the Constitutional rights of citizens?
Never thought I'd see the day when FReepers would be cheering for police officers to be lowlife scumbag criminal jackboot Gestapo thugs trashing the Constitution of the United States of America with the full-throated approval of judges.
Id have to say Relieving Them of Their Constitutional Rights for a while..
There is a contingent of Nazis posting here, too, apparently.
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