Tag Archive: Judge Elsa Alcala


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

 

 

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    And Texas likes to think of itself as a haven of liberty ? What happened to our Bill of Rights ? Did it get abolished without our knowledge ? The answer is yes , the “war on drugs” combined with the “Patriot Act” and Congress’ abuse of the “Commerce Clause” has conspired to turn the Constitution and a nation of laws on it’s ear to the detriment of liberty and individual freedom . 

     Now combine the above piece with this story from TechDirt about a:  Judge Rejects Warrant Application, Because He Thinks None Is Needed , an excerpt of which you can read below , and the reader can be forgiven if he/she comes to the conclusion that we no longer reside in a free country but instead have been transported back in time to the Soviet Union of old … complete with mock trials , midnight door busting and neighbor ratting neighbor .

 

 

” Orin Kerr has a post about a bizarre decision by DC Magistrate Judge John Facciola, who decided to reject a warrant application not because he thought there wasn’t probable cause, but rather because he didn’t think that the government needed a warrant at all, and could do the search it wanted without such a warrant. This is problematic on a variety of different levels, and Kerr covers them all. The story involves a police chase of a suspect with a gun. During the chase, he threw away the gun. The police found the gun, and while they were at it, the guy’s mobile phone. The warrant was to do a thorough search of the phone. Facciola said they didn’t need a warrant since the phone had been “abandoned.” Whether or not the phone was actually abandoned, the ruling is problematic (in part because Facciola has no way of knowing if the phone was actually abandoned).”

 

 

      Reading both pieces the viewer will come to the inevitable conclusion the the citizens can no longer expect to resort to the courts for the protection of their rights as the judiciary have morphed into little more than a rubber stamp collection to be utilized in whatever way that law enforcement and prosecutors deem in their best interests . Here is the Texas “decision” and here is the DC “decision” . Shameful both …

 

 

 

 

 

 

 

 

 

 

In Texas, Search Warrants Can Now Be Based On A “Prediction Of A Future Crime”

 

 

” Police in Parker County had been watching Michael Fred Wehrenberg’s home for a month when, late in the summer of 2010, they received a tip from a confidential informant that Wehrenberg and several others were “fixing to” cook meth. Hours later, after midnight, officers walked through the front door, rounded up the people inside, and kept them in handcuffs in the front yard for an hour and a half. 

  The only potential problem, at least from a constitutional standpoint, was that the cops didn’t have a search warrant. They got one later … “

 “But the actions of police in the case don’t pass the smell test,” he writes. “If their informant was so credible, why not go to the judge for a search warrant in the 3-4 hours before their illegal entry? The judge was available in the middle of the night, so there’s little basis to believe they couldn’t have gotten it earlier. And why conceal the fact that they’d already swept the house and detained the suspects in the search warrant application if everything was on the up and up?”

   He has a kindred spirit in CCA Judge Lawrence Meyers, who was the only justice to dissent. As Meyers wrote, “it is obvious to me that this search warrant was obtained based upon the officers’ unlawful entry into [Wehrenberg]’s residence.”

 

 

Increasingly the courts are becoming merely another arm of the State .