This court needs correction...

[AZRedhawk44]

...150gr doses at 2700fps.   

http://blogs.dallasobserver.com/unfairpark/2013/12/parker_county_meth_search_warr.php

Retroactive search warrants?  Independent source doctrine?

[Sergeant Bob]

But, at least we don't live in a "Police State". 

[cordex]

Very bad ruling. Should have gotten the warrant first - no question.

[roo_ster]

Well, now.

I guess we ought to just toss the residence and surf the financials of every politician, appointed gov't worker, and other gov't employee.  I mean, given the renowned proclivity of those sorts to commit crime, I predict that they will do so.  If they have nothing to hide, they have nothing to worry about.

[geronimotwo]

...150gr doses at 2700fps.   


Retroactive search warrants? 

hindsight is 20/20.     

[Blakenzy]

LOL. Well, we 'mericans got the Government we asked for... Anything to "be safe" and Win the War™  on this or that....

[cordex]

Well, now.

I guess we ought to just toss the residence and surf the financials of every politician, appointed gov't worker, and other gov't employee.  I mean, given the renowned proclivity of those sorts to commit crime, I predict that they will do so.  If they have nothing to hide, they have nothing to worry about.

I bet we could get each party to provide us with CIs that will say that the other party is "fixing to" do something illegal.

[Balog]

Well, they always said Texas was like its own country. It's own 3rd world banana republic with retroactive search warrants, apparently.

[Tallpine]

Well, they always said Texas was like its own country. It's own 3rd world banana republic with retroactive search warrants, apparently.

Yeah, and they stop women at night and do a cavity search just because a trooper thought he smelled weed.   

It's on a YT dash cam.  Look it up if you want.  They did bring a woman trooper out to do it.

[Balog]

Iirc there was an especial furor over that because the trooper didn't change gloves between the anal and vaginal probings.

[cordex]

Iirc there was an especial furor over that because the trooper didn't change gloves between the anal and vaginal probings.

Plus I'm not even sure she changed gloves between women ...

[Balog]

Although I think when we've reached the point where the debate is over how the roadside anal probings are carried out then we've essentially lost already.

[MillCreek]

I would certainly hope that my roadside anal probing would be done with an eye towards proper infection control techniques.

[Tallpine]

I seem to recall it was the same glove, back and then front, for both women 

This sure opened my eyes or something like that, said by one of the women.

Coming soon to an airport near you 



Anybody else think     

[MechAg94]

I would certainly hope that my roadside anal probing would be done with an eye towards proper infection control techniques.

Oh, do you feel obliged to report your infections so they are not passed on to the officers?

[AZRedhawk44]

Oh, do you feel obliged to report your infections so they are not passed on to the officers?

I wonder if you can get in trouble for lying, saying you have HIV and herpes, to discourage them from their spelunking.

[MillCreek]

Oh, do you feel obliged to report your infections so they are not passed on to the officers?

That is the great thing about Universal Precautions: it protects both parties.

[roo_ster]

That state trooper did not go to jail, to the everlasting shame of Texas.

[Tallpine]

That state trooper did not go to jail, to the everlasting shame of Texas.

I don't think of Texas as a very nice place anymore.

I'm not so happy that I have a daughter living there now.

[cordex]

Although I think when we've reached the point where the debate is over how the roadside anal probings are carried out then we've essentially lost already.

Agreed.

[T.O.M.]

Back to the OP, I just read the appellate court decision, and it really sounds like they were stretching to support the trial court.  I don't believe that there was probable cause prior to support the warrant before the officers went in. 

I once had a judge explain his opinion about the exclusionary rule as being less about protecting those involved in the case at issue than it was about trying to protect the next person who may be subject to a similar situation.  If a cop knows he must get his ducks in a row in order to get a warrant, or else he'll lose his evidence and his case, then he may do the job better that next time, which is in the best interests of everyone.

This kind of stretching of the law does nothing more than encourage police, lawyers, and judges to push the edge of the envelope even further.  And that is not a good thing.