Wednesday, December 18, 2013

“Prediction of a Future Crime”

Sheriffs and Larry Klayman,

Texas can now have you arrested and a search made without a Search Warrant base ONLY on an ASSUMPTION!

Purchasing lithium batteries is an Attempt to “fixing to” cook meth, when many people use these for their household items?
Carpenters can have their home searched and then they can be arrested for having a hammer and nails for their Occupation, yet the Police and Courts say it could have been used for a future murder!
The same can go for a businessman buying a tie for their suit as that tie can be used in the murder of an individual or just for committing Theft or Fraud in their business, such as a Tax Crime!
Maybe we should BAN all ties as we can assume that person would commit Fraud!
So that tie would go for the Judge that issues a Search Warrant AFTER the Search was made!
This case is a MAJOR case to BAN ALL guns as they are used to KILL!

In Texas, Search Warrants Can Now Be Based on a “Prediction of a Future Crime”
http://www.prisonplanet.com/in-texas-search-warrants-can-now-be-based-on-a-prediction-of-a-future-crime.html
Eric Nicholson
Observer Blogs
December 18, 2013

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, before they seized the boxes of pseudoephedrine, stripped lithium batteries, and other meth-making materials, while the alleged meth cooks waited around in handcuffs, but by then they’d already waltzed through the home uninvited. They neglected to mention this on their warrant application, identifying a confidential informant as their only source of information.

Wehrenberg’s lawyers argued during materials that the seized materials had been taken illegally and shouldn’t be allowed as evidence. The motion was denied — the trial court cited federal “independent source doctrine,” which allows illegally seized evidence a third party told them about beforehand — and Wehrenberg pleaded guilty to one count of possession and one count of intent to manufacture, getting five years in prison.

The Second Court of Appeals in Fort Worth wasn’t so eager to overlook what appeared to be a clear case of police misconduct and overturned the lower court’s ruling.

Full story here.

Dan

1 comment:

Dan said...

Therefore when any person that has an Armed Guard that comes into Texas can have them arrested, have their homes, even when it is NOT is Texas, or vehicles searched as their intent with that gun is to injure or Kill a person, and that is by Federal Law!
(Search Warrants MUST have the exact details of what the Law Enforcement is looking for.)