Read this important piece by The Agitator on the recent SCOTUS hearing, Virginia vs. Moore. If you want to read a transcript on how legal scholars can justify gutting one of our last constitutional protections (Exclusionary Rule), this is for you. The Exclusionary Rule states that illegally obtained evidence can…
Dallas Criminal Defense Lawyer Blog
Texas DPS DWI Quota
DWI is a danger to liberty because Officers have unlimited discretion to subjectively decide you are “intoxicated.” Combined with SFST junk science and you have a recipe for injustice. What could make that situation even worse for the citizens of Texas? DWI arrest quotas. Austin DPS troopers operating under just…
Open Records 1, Austin PD 0
Austin Energy Warrantless Surveillance To recap- Austin Police and Austin Energy have an agreement that allows for warrantless surveillance of consumer electricity bills. Austin PD uses this information to search for marijuana growing operations sans warrant. Request I filed an open records request with Austin PD and asked for internal…
Thoughts for Tuesday
Motion to Suppress I prevailed at a motion to suppress last week. A suppression hearing is one where the defendant challenges the constitutionality of an arrest, search, or seizure. A plain reading of the 4th amendment would imply that all arrests require a warrant. Luckily our living breathing constitution has…
SCOTUS- No Right To Treatment
Prohibition begins with the idea that Americans have no right to control what goes in their body. I believe in the sovereignty of each individual to choose what substances to consume, or not consume. If you believe pot, heroin, or crack should be illegal you accept the premise that the…
DEA TV- Liberty’s Rorsach Test
Gather the family and watch as federal paramilitary police break down doors and invade private residences. The DEA is getting their own reality show. Watch the promo and tell me what you see- – Hard Working Law Enforcement Keeping Us Safe From Evil or – A home invasion paramilitary raid…
Saturday Round Up
Houston DA Scandal- Mark Bennett has done a masterful job breaking down the email scandal inside the Harris County DA’s office. These posts are a must read. The latest embarrassment is an email from one Harris ADA that decries “Canadians” on a jury. Why does that matter? Apparently Canadians is…
Texas Open Records 101
Thanks to Mark Bennett for his kind words on my open records work. Open records requests are a patriotic duty. The tree of liberty may not always need the blood of tyrants, only their paper trail. I have received some email asking about the open records process. Here is how…
Texas Pre Trial Hearings-
I had two pre trial hearings yesterday. What is a pre-trial hearing? In Texas pre trial hearings are used to argue certain defense motions, inter alia Motions To Suppress– My client may have had drugs in his car, but you had no right to search it. Motions for Discovery– Can…
Dallas SWAT- My Bad Wrong House
I recently filed an open records request with the city of Dallas. I asked for “information on how often, if ever, the Dallas SWAT team or Dallas Police, has entered the wrong house while serving a warrant.” I asked for all incidents since 2002. Today I received my response from…