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 ...
LOL, sadly...
I would not bet on it.
That was the rule before the 1920's, which came to us by way of the Common Law; and it doesn't work.
That is fine until you are the “criminal”.
Correct! It may take them a while, but they will get there.
Fie! You limp-wristed sissy libtard!
Warrantless searches, and those pesky indictments and trials are so Twentieth Century.
The police should just be able to select the houses in which they suspect criminal activity and then kill all the inhabitants with Predator Drones.
I can't believe I've lived to see the day when FReepers would be against that.
Right.
I don't know if they were (I don't know what was in their hearts), but it appears they lied to the judge to get the warrant. They failed to tell him they were holding the suspects and that they had already searched the premises. They said after the first search, the had found nothing (I don't believe that), then magically found what they must have seen in the earlier search (the pseudoephedren and batteries, components of a meth lab).
Lying to a judge about what they observed or what they were told in order to get a warrant (a lie of omission is still a lie) is about as poisoned a root as you can get. I can't believe so many think that's hunky-dory.
The dissent is correct, and the majority is mistaken. The exigent circumstances required for the application of pertinent Federal case law did not obtain. This ruling is not going to survive five minutes in a Federal Court.
What is wrong with this picture?
Here's an even more puzzling picture:
“FReepers applaud decision allowing police to break law.”
OK, OK, that's inaccurate.
“[alleged] FReepers applaud decision allowing police to break law.”
“What would an appropriate punishment for government employees who violate the Constitutional rights of citizens?”
Good question. (And of course one definition of a “good question” is: A question for which one does not have a good answer.)
I think it would have to depend on the circumstances, not just of the crime but of the violation. It could range from monetary penalties to time off without pay to forced retirement to firing to jail time. But again: “Yeah, I know...like that’s going to happen.”
ping
You said “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.”
I have been on this board for many years and I agree 100% I see them and note there names. If you want to see them all in one place post a Glenn Beck quote or article.
I do engage at any level. I find information that disputes their point and say nothing. Drives them nuts.
It is the entire court system in this country that has destroyed the constitution and initiated the conditions necessary to end this country. As long as the courts have the power to corrupt then we are doomed.
You must enjoy the flavor of jackboot on your tongue.
“I don’t see this ruling surviving federal court scrutiny...”
Me neither. If the tip from the informer wasn’t enough for them to get a warrant, too bad.
Otherwise what prevents them from just searching any place at random and getting a warrant if and when they find something?
What they’re going to find is my husband and me on the other side of the door loaded for bear.
Sure, we’ll die...but we’ll take some of those jackboots with us.
We’ve lived long enough to not give a rat’s a$$.
And those on Free Republic are applauding them.
NO! I disagree! How will we torture the criminal suspects? A QUICK DEATH IS TOO GOOD FOR THEM! We need to be able to slowly lower them into a vat of acid and pepper spray, while mutilating their genitals!
Don't tell me you are against slow torture before a trial! I can't believe I've lived to see the day when FReepers would be against that.
Yes,,, and Texas is such a free state. /s
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