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?
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?