I don’t see this ruling surviving federal court scrutiny, under the “fruits of the poisonous tree” doctrine.
“I dont see this ruling surviving federal court scrutiny,”
You want the feds to be involved?
Again, Texas shows the way to fight criminals.
I dont see this ruling surviving federal court scrutiny, under the fruits of the poisonous tree doctrine.
Never thought I’d live to see the day when freezers would be calling for help and cheering on the leftist Democrat appointed Federal judges.
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'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.
“I dont 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?
hahahahahahahahaha Really? In our post-constitutional 'republic'? hhahahahahahahaa
This kind of thing is what the "war on drugs" was made for.