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SeanTX
03-23-2014, 01:00 PM
Another win for the JustUs system :

http://www.westernjournalism.com/texas-court-rules-police-may-introduce-illegally-gathered-evidence-trial/


Texas Court Rules That Police May Introduce Illegally-Gathered Evidence At Trial
What has happened to our 4th Amendment rights?
Avatar of Doug Book Doug Book — March 19, 2014
Photo Credit: WEBN-TV (Creative Commons)

Texas prosecutors are applauding a decision by the State Court of Criminal Appeals that 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 search warrant affidavit and secured the warrant.

In the affidavit, police stated that information concerning Wehrenberg’s activities had been provided by a confidential informant. However, “…the judge who signed that search warrant was not informed by the language of the affidavit…that the police had already (1) taken custody of everyone in the place and held them in the front yard; and (2) entered the home already to look around.”

snip

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.” (Fine. But may police perform a warrantless search in order to determine BEFOREHAND whether the desired evidence is actually there?)

What does this ruling mean? It means that police have a trump card once a CI has provided a tip, even about a crime that has not yet been committed but MAY be in the future. Warrants and rules of evidence may be ignored, and a decision to follow the law–that is, obtain a warrant–may be made AFTER an initial search.

snip

Apparently, all Texas police require to search a home, indefinitely detain its occupants, and THEN ask that a warrant be issued is a confidential informant.

What has happened to our 4th Amendment rights?

JK/SEA
03-23-2014, 01:04 PM
the REVOLUTION tribunal will re-visit this when these traitors to the Constitution are arrested and then face the Judges for sentencing.

kcchiefs6465
03-23-2014, 01:25 PM
(Fine. But may police perform a warrantless search in order to determine BEFOREHAND whether the desired evidence is actually there?)

Not fine at all.

Their "independent source" criteria is as wide as to encompass an anonymous letter being mailed to the police.

DamianTV
03-23-2014, 05:14 PM
As long as people allow Govt to beat them into submission by trying to play the game by their rules, there is no chance that Freedom will survive. The rules that apply to us do not apply to them. Just-Us. They operate with no restrictions, while we have restrictions imposed on every single aspect of our lives. That is not what I call Freedom.

tod evans
03-23-2014, 05:17 PM
Texas prosecutors are applauding

Texas prosecutors need to be hung, just like the rest of the prosecutors!

http://www.twowheelforum.com/images/smilies/hang.gif Get a rope! :mad:

unknown
03-23-2014, 06:24 PM
Who exactly is a "confidential informant", anyone with a phone and a grudge?

kcchiefs6465
03-23-2014, 06:29 PM
Who exactly is a "confidential informant", anyone with a phone and a grudge?
Most cases, they are subsidized whores and addicts, or someone who was themselves caught, looking to reduce the time they are facing.

They can be someone with a phone and a grudge.

Keith and stuff
03-23-2014, 07:30 PM
Not good news. Texas actually banned the state government from running DUI checkpoints because of the way a TX court interpreted the 4th Amendment. If TX courts are starting to reinterpret the 4th Amendment, that could be bad news for the TX ban on the TX state government from running DUI checkpoints :( This could get worse.

Anti Federalist
03-23-2014, 08:07 PM
http://www.awesomestories.com/images/user/8ae033ee55.gif

Origanalist
03-23-2014, 08:24 PM
http://jimsomerville.files.wordpress.com/2010/09/drain2.jpg

Anti Federalist
03-23-2014, 08:27 PM
http://www.youtube.com/watch?v=O9COloTMLeA

Christian Liberty
03-23-2014, 08:30 PM
I do understand where this leads, but if we're talking about a murderer here, instead of a victimless meth user, would you actually support letting a murderer go free because the evidence was obtained illegally?

I of course understand WHY one would support doing so, but I can't support it. If you know the guy is a serious aggressor I feel that he should be punished. The cops should be hanged for breaking the law while in uniform, but I don't see why this should help an aggressor.And I feel that letting such a person go is putting pragmatism (ie. where punishing someone who has committed a heinous crime despite illegally obtained evidence LEADS) rather than going by principle in that given situation.

I hope this makes sense, and I could be convinced here.

Origanalist
03-23-2014, 08:37 PM
I do understand where this leads, but if we're talking about a murderer here, instead of a victimless meth user, would you actually support letting a murderer go free because the evidence was obtained illegally?

I of course understand WHY one would support doing so, but I can't support it. If you know the guy is a serious aggressor I feel that he should be punished. The cops should be hanged for breaking the law while in uniform, but I don't see why this should help an aggressor.And I feel that letting such a person go is putting pragmatism (ie. where punishing someone who has committed a heinous crime despite illegally obtained evidence LEADS) rather than going by principle in that given situation.

I hope this makes sense, and I could be convinced here.

If the evidence is obtained illegally, how can you ever trust those presenting it?

Christian Liberty
03-23-2014, 08:39 PM
If the evidence is obtained illegally, how can you ever trust those presenting it?

That's a good question. I don't.

kcchiefs6465
03-23-2014, 08:52 PM
Yes, if the evidence is obtained illegally or "extralegally" (for the positivists) the murderer should go free.

And if it so be the case that a murderer goes free and commits another murder, well the blame should be morally placed at the police officer's door step. Civilly too. It was their fault, not anyone else's. There is no excuse.

This ignores anyways, they make deals with known killers, some four months per murder for 19 of them, while harping upon public safety and the need to remove threats from society. They are hypocrites.

kcchiefs6465
03-23-2014, 08:55 PM
Or that they lie to keep a man in prison for a murder they know he did not commit, while protecting the known killer, allowing him to commit many more murders.

To wit: my signature.

Christopher A. Brown
03-23-2014, 09:22 PM
the REVOLUTION tribunal will re-visit this when these traitors to the Constitution are arrested and then face the Judges for sentencing.

Yes, the lawful Peaceful revolution fully possible with the steps outlined here.

http://www.ronpaulforums.com/showthread.php?444637-Georgia-House-approves-Article-V-convention&p=5433668&viewfull=1#post5433668

We begin with unity on Prime constitutional intent.

http://www.ronpaulforums.com/showthread.php?445586-Only-Sincere-Americans-Accept-The-Root-Purpose-Of-Free-Speech

The other kind is not going to work for us because we are dependent on corporations.

Philhelm
03-23-2014, 09:31 PM
I do understand where this leads, but if we're talking about a murderer here, instead of a victimless meth user, would you actually support letting a murderer go free because the evidence was obtained illegally?

I of course understand WHY one would support doing so, but I can't support it. If you know the guy is a serious aggressor I feel that he should be punished. The cops should be hanged for breaking the law while in uniform, but I don't see why this should help an aggressor.And I feel that letting such a person go is putting pragmatism (ie. where punishing someone who has committed a heinous crime despite illegally obtained evidence LEADS) rather than going by principle in that given situation.

I hope this makes sense, and I could be convinced here.

Allowing government to act without restriction is a far, far greater threat to the citizenry than a murderer who evades justice.

Christopher A. Brown
03-23-2014, 09:42 PM
Allowing government to act without restriction is a far, far greater threat to the citizenry than a murderer who evades justice.

Yes, but to disallow we must use the lawful peaceful revolution Jefferson and Hamilton envisioned that is laid out step by step here in this post.


http://www.ronpaulforums.com/showthread.php?444637-Georgia-House-approves-Article-V-convention&p=5433668&viewfull=1#post5433668

We begin with unity on Prime constitutional intent.

http://www.ronpaulforums.com/showthread.php?445586-Only-Sincere-Americans-Accept-The-Root-Purpose-Of-Free-Speech

There actually is no other viable plan. I made a page about it.

http://algoxy.com/poly/principal_party.html

HOLLYWOOD
03-23-2014, 10:45 PM
Land of the Free? Liberty? They Hate Us For Our Freedoms? YEAH...RIGHT...:rolleyes:

Top 3 #1s of America over all countries:

#1 in Arrests
#1 in Prison Population
#1 in Killing around the Planet


U-S-A! U-S-A! U-S-A!