Posted on 07/10/2015 1:45:45 PM PDT by Elderberry
We have been watching the Waco Twin Peaks biker shootout with interest. From the outset, this mass arrest seemed to have some problems, and now that more information has come to light, the City of Waco has opened itself up to serious civil liability. Why? Because this is a textbook example of mass arrests without individual probable cause.
At the heart of every arrest, there must be probable cause. Now, of course, probable cause is a very low standard that can usually be met, but not likely in this case. From what is currently known, the Waco Police Department decided that (nearly) all of the bikers at the Waco Twin Peaks restaurant were guilty by association – in a typical act first, ask questions later fashion.
One attorney has coined the WPD’s actions as “fill-in-the-blank” warrants, which surely could not pass constitutional muster for all 177 arrestees… that is, unless all 177 arrestees were actually in an all out brawl. Apparently, the individuals had even been interviewed separately, so that in theory, Waco actually had the time to craft probable cause affidavits that would have applied to each individual.
Strip these people of their motorcycles and leather vests and this scene could easily have played out in a family reunion setting or a protest. Just because you have the same last name or happen to be attending a giant protest doesn’t automatically make your guilty by association with a few bad seeds. Now stick those people in jail for a month, add a first degree felony, and have several lose their jobs. That creates a recipe for disaster.
Prime example of gubmint overreach.
Exactly what a lot of us have been saying all along.
And the residents of Waco should be immediately be calling for a Referendum to be voted on immediately that Disqualifies ALL PERSONS INVOLVED from claiming “Qualified Immunity”
They are all white. Nobody cares.
Back in 2002 when Houston police rounded up 300 people out of the Kmart parking lot for supposedly street racing, the courts took about 6 years to finally settle all the lawsuits.
I wonder how long it’ll take this time?
A lot longer, especially because nine people were killed,with it looking more and more likely that the LEOS were the perps. Indeed, if they weren’t the perpetrators, then what haven’t any of the autopsy reports been released in more than a month and a half.
Longer. Homicides in this one and the games the WACO authorities are playing will drag out the proceedings even longer than is necessary or prudent.
Exactly. Still no coroner’s report. More modified, limited hangout. TexasGator will be along any second. Persistent as a dang dog tick.
One attorney has coined the WPD’s actions as “fill-in-the-blank” warrants, which surely could not pass constitutional muster for all 177 arrestees… that is, unless all 177 arrestees were actually in an all out brawl. Apparently, the individuals had even been interviewed separately, so that in theory, Waco actually had the time to craft probable cause affidavits that would have applied to each individual.”
This guy must be stupid. AND ignorant of the Constitution.
Because that’s what I have been saying and I’ve been called ignorant and stupid. Right here.
I guess it takes one to know one./s
In before the in-beforers.
We like to stick together!
Typical lawyer stunt.
These bikers have been jailed, and no superior court has ordered them released. Mr. Tittle’s true forum is before a court, or higher court, not posting this on the ‘net to acquire more clients, as it seems to me he is doing.
Old Lawyer Saying:
“Case outcomes are determined by applicable law, and the evidence.
When you have the Law on your side, pound on the law issues.
When you have the evidence on your side, pound on the evidence.
When you have neither the law, nor the evidence on your side, pound on the table!”
I think we have some Internet table pounding here
Yea. Don Tittle and anyone else who would like to comment on the facts should just shut up. After all it’s only been a few weeks.
Fact: 177 rubber stamp warrants. At $1,000,000 per. That’s a fact. No “evidence” can dispute that.
“rubber stamp warrants” may tell the appropriate facts for all cases.
In a typical indictment or warrant, 98 % of the wording is the same, to meet the requirements of law.
Most are “fill in the blank” because, like contracts, leases, etc, they have been court tested.
If he had a case, it would not be a matter of weeks. Higher courts give very expedited hearings to any individual pre-conviction personal liberty cases.
As is typical, we are hearing one side here... and each side usually sounds like they have the perfect case.
Remember, in many legal actions, the judge has to decide between two opposing “perfect” cases.
That's already done, but the vast majority of arrests will play out in civil claims (against Waco) about as quickly as they did in Houston, because the civil claim is about due process, not about murder, or racing, or whatever the state used to justify deprivation of civil rights in the first place.
Should be a slam dunk case for those who were wrongfully arrested and detained. We have been saying this since day one that something is incredibly wrong with how the LE and DA handled this.
No video released. No reports released. Yep. A huge cover up is going on. No doubt about it at this point.
I figure since those 177 people were given an initial $1 million bond then that is what each of them should get at a minimum. More if they had to spend more than a week in jail.
What did that Justice of the Peace say? Oh yeah. Let’s send them a message. I think turn about is fair play. Let these law suits send a message to every corrupt DA and LE out there that there will be consequences when you cross the line. Of course all those found colluding in this should also lose their jobs and if they are an attorney; they should lose their law license at minimum. There’s ample evidence of a crime here and I don’t mean the bikers.
Walmart is always looking for greeters...
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