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Texas Court Rules That Police May Introduce Illegally-Gathered Evidence At Trial

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  • diveRN

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    Out of curiosity, is there a consensus in Texas regarding this decision? Personally, I think this is a huge assault on the 4th amendment.

    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.”

    Not that I'm in favor of anyone cooking meth, but in some situations, I see this working out as "Take a tip from a manufactured CI, do a search, find evidence, then get a search warrant." Really?

    Texas Court Rules That Police May Introduce Illegally-Gathered Evidence At Trial
     
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    Major Kong

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    No one is coming in my house without a warrant. Period.

    I don't do anything illegal, but value my liberty, freedom, and rights guaranteed by the Constitution.

    MK

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    rushthezeppelin

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    Great I hope word of this doesn't spread like wildfire to other PDs otherwise the 4th is effectively gone. Such utter horse shit.


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    ROGER4314

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    Notice that not ONE of the ruling bastards is giving MORE rights and protection under the law to the people? They keep chipping away at our rights until they feel authorized to enter our homes at will................. or so they think. Some of these crazy Texans may resist!

    Flash
     

    diveRN

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    I agree, but that's contingent on it actually getting that far ... at least in this case. An ostentatious lawyer working this case pro-Bono notwithstanding, I can't see a meth cook pushing this issue up to the federal level.

    Others will likely suffer for this decision first.
     

    MPA1988

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    The Exclusionary Rule is a court-created remedy and deterrent, not an independent constitutional right. Courts will not apply the rule to exclude illegally gathered evidence where the costs of exclusion outweigh its deterrent or remedial benefits.

    The rule does not prevent the government from introducing illegally gathered evidence to “impeach,” or attack the credibility of, defendants’ testimony at trial. The Supreme Court recognized this exception to prevent perjury. Even when the government suspects perjury, however, it may only use tainted evidence for impeachment, and may not use it to show guilt.
     
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    txinvestigator

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    I read the article, but I am confused. The police found nothing in the warrantlees search, right? Then they applied for a warrant, but failed to mention the prior warrantless, fruitless search?

    A warrant was issued then, right?

    What illegally gathered evidence was introduced?
     

    diveRN

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    I read the article, but I am confused. <snip>

    I had to reread it myself.

    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.

    CI says they "were fixin" to cook meth and LEOs execute search/raid/whatever you want to call it based on that.

    ... 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.”
    During this 2nd search of Wehrenberg’s home, performed after receipt of the warrant, police seized “…boxes of pseudoephedrine, stripped lithium batteries, and other meth-making materials.”

    I take this as the cops found no evidence that meth was actively being cooked per the CI, but upon finding the necessary ingredients in their initial warrant-less search (AKA "protective sweep), they requested a warrant for the things they found and got it.

    Clearly, this evidence had been discovered prior to procuring the warrant and reported only AFTER the warrant had been awarded.

    Meanwhile, the asshats are cuffed and detained while said warrant is being generated.

    Don't get me wrong, I don't think this particular incident could happen to nicer people, but the potential for abuse of 4th amendment protections is HUGE.
     
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    MPA1988

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    No one is coming in my house without a warrant. Period.

    I don't do anything illegal, but value my liberty, freedom, and rights guaranteed by the Constitution.

    MK

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    I suggest you avoid militia-like "group-think". It will save you much grief. John Wayne is dead.
     

    Sapper740

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    No one is coming in my house without a warrant. Period.

    I don't do anything illegal, but value my liberty, freedom, and rights guaranteed by the Constitution.

    MK

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    After reading TXI's response to you I decided to check up on the legality of Warrant-less searches. TXI is correct, there are what are called "Exigent Circumstances" whereby LE can search your home sans warrant. It's important to know these exceptions lest you get yourself in a world of hurt. See here: https://ssd.eff.org/book/export/html/11
     

    Younggun

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    Lol, you call that "group think".

    Seems you throw out that term every time you see something you disagree with.

    yjyha8ur.jpg
     

    Major Kong

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    I suggest you avoid militia-like "group-think". It will save you much grief. John Wayne is dead.

    Good grief.

    I realize The Duke is long gone.

    I do not have a militia "group-think" mentality. Maybe I have just read to many instances of the abuse of the 4th Amendment recently.

    Like I stated, I have nothing to hide, but will not roll over and let the continuous abuses of our rights be infringed.

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    Major Kong

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    Oh really? Just what, exactly, would you do?

    Are you aware there are situations where a warrant is not required?

    What are these situations?

    Like Boston a year ago when the police went door to door through an entire community, assuming that everyone there was guilty of harboring a fugitive?

    I never stated that I would shoot or intentionally harm a peace officer. I was merely stating that someone has to stand up to the abuses of the Constitution we have witnessed recently.

    If not, where will it stop?

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    MPA1988

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    What are these situations?

    Like Boston a year ago when the police went door to door through an entire community, assuming that everyone there was guilty of harboring a fugitive?

    I never stated that I would shoot or intentionally harm a peace officer. I was merely stating that someone has to stand up to the abuses of the Constitution we have witnessed recently.

    If not, where will it stop?

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    Allow me to give you a few suggestions when you feel your rights have been violated. First, file a complaint with the particular PD. As an LEO supervisor I investigated, or had investigated, officers for alledged misconduct.

    Secondly, file a lawsuit and pursue legal remedy. Otherwise, like most people, just continue to "talk" the issue of "rights". The fact most people merely "talk" rights is primarily why our rights are being chipped away a little at a time.
     

    ROGER4314

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    Like Boston a year ago when the police went door to door through an entire community, assuming that everyone there was guilty of harboring a fugitive?

    The sentence above describes HELL for me but each of us must decide if we want to live like that. How much are you willing to put up with? What is your price? Once you back up and cower, they found your price, they own you and you're their bitch.

    My advice is to make a plan that you will live with or die for, decide what your response will be and KEEP IT TO YOURSELF! Make no statements, don't post your plan online, or puff & blow in the open forum. Don't telegraph your punches or flap your jaws. Implement your plan when that day comes.

    Until that day, have a good life and don't stress over it!

    Flash
     
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