Police

March 5, 2008

East Dallas- When The Police Fail, Install Cameras

The Dallas Observer has a good story on the success of private security cameras installed in an East Dallas neighborhood. Richland Park estates has a voluntary neighborhood watch program that pays for the maintenance of a video monitoring system. This program has reduced crime dramatically.

These residents already send thousands of dollars in taxes to the Dallas police each year. Why are private security cameras necessary?

Opportunity Costs are really real

March 4, 2008

Plano Police DWI Scandal- The Offense Report

by Robert Guest

A quick recap- Tray B. was arrested by the Plano Police for Driving While Intoxicated. Tray’s Attorney, Don Tittle, overcame Texas’ incredibly limited discovery laws to find out that the arresting officers had been in contact with Tray’s ex wife before, during, and after the arrest of Mr. Boswell.

Here is the Tray’s DWI Case Report. Sadly, it looks like a the typical boiler DWI police report I see everyday. Nothing about it screams corruption. We’ve “trained” officers in how to write these reports so well, that I wonder how many of these phony DWI cases are never detected?

Pre Text Stops

February 22, 2008

Lessons from Cops

by Robert Guest

Watching Cops can be a good exercise for criminal defense attorneys. Search and seizure, confessions, probable cause all come in to play. I was channel surfing and caught a gun arrest.

Here is what happened- 3 passengers in a car. 2 males, and one female. I didn’t quit catch where everyone was sitting. The police find a gun in the glove box. I don’t remember the jurisdiction, however it was clear that there was no 2nd amendment right to carry in your car. The police are looking to pin this gun on somebody and make an arrest.

Male 1- Asks for an attorney. The police say “he asked for a lawyer, he isn’t cooperating.”

February 11, 2008

Dallas Police/TABC- Tax Dollars for Lap Dances and Beer

by Robert Guest

I recently filed an open records request seeking information on undercover TABC activity at strip clubs. I asked for information on all such operations in Dallas County. Not be left out of wasting tax dollars, the Dallas Police also conduct undercover strip club operations.

I received a large stack of papers and CD with more documents. After a quick glance here are some observations.

Purchase of Evidence

February 4, 2008

Texas DWI Law- Prohibition on Taking Specimen If Person Refuses

by Robert Guest

§ 724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.

This is part of the “implied consent” chapter of the Texas Trasnportation Code. Unless you are in a car accident with serious injuries (724.012b) this Prohibition on Taking Specimen applies. Notice how their is now exception for fill in the blank search warrants signed by “cooperative judges.”

Now, pretend you are on the Court of Criminal Appeals. Here are the facts.

January 22, 2008

Austin Police- Warrantless Surveillance in 2 Sentences, or less

by Robert Guest

The City of Austin finally turned over their records on the Austin PD/Austin Energy Warrantless surveillance program. To recap, Austin PD has a deal with Austin that gives Austin PD access to customer electricity usage information. I filed an open records request for information on the program. Austin PD fought the request by asking for an AG opinion. The AG ruled for disclosure. Today I received the materials from the City of Austin Law Department.

What I Received

I received a list of email addresses for city employees (I’m not really sure why), the Austin Police’s customer service agreement with Austin Energy (to provide electricity, not customer info), and a copy of the Austin PD Organized Crime Division Operation Procedure Manual.

January 17, 2008

Texas DPS DWI Quota

by Robert Guest

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 such a system. These officers received memos stating that they had to make a minimum number of DWI arrests annualy.

What’s wrong with quotas? Cops chasing a number of arrests, and given wide discretion to interpret “intoxication” will arrest the innocent and spin the evidence.

January 16, 2008

Open Records 1, Austin PD 0

by Robert Guest

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

January 8, 2008

Dallas SWAT- My Bad Wrong House

by Robert Guest

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 Lieutenant Danny Williams. Mr. Williams reports that there have been two such incidents in the last 5 years. Both are within the last 12 months. Mr. Williams forwarded one Offense Report which is sparse on details.

Mr. Williams job title caught my attention. Mr. Williams is a police officer for the city of Dallas. Yet he works for the “Homeland Security and Special Operations Division.”

January 3, 2008

Open Records 1, Wylie PD 0

by Robert Guest

First, a recap-

I had a DWI trial in Collin County. The arrest was made by the Wylie PD. I subpoenaed the arresting officers to bring any information on local DWI procedures to trial

NHTSA has developed the standard DWI testing and arrest procedures. I was looking for any additional training or procedures used or developed by the Wylie PD. I filed an open records request before trial asking for the same information. By the day of trial I had not received a response to my open records request.