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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 not be used at trial. It appears that SCOTUS is leaning towards diminishing that standard and sanctioning illegal conduct by law enforcement.

18 State Attorney General are arguing to end this practice so that officers can break the law without endangering drug arrests. Va. vs Moore is of course, a drug case. The State of Virginia’s goal is to win as many dope cases as possible, not to uphold constiutional protections. Prohibition has made Attorneys General full time advocates for repealing the Bill of Rights.

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 Luckily our living breathing constitution has developed so many exceptions to that outdated rule that the vast majority of arrests are warrantless.

If you want to assert what is left of the tattered 4th Amendment do NOT consent to a search of your car. If there are no drugs in your car, there is no reason to let the police search. Believe it or not- “Those aren’t my drugs” is not a compelling defense to possession.

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 government holds a higher power than the individual.

“But crack and heroin are dangerous”, “You don’t really think people have the right to use drugs?” I do, and here is why.

When you give up the right of individuals to use “bad” substances (crack) and place that power with the government you also give up the right of individuals to use “good” substances (unapproved cancer treatments).

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

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.

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.

Government has long used fear to erode liberty and further statist goals. The War on Drugs is no different. Pushingback.com has a story today on “extreme Ecstasy.” What is extreme Ecstasy? Ecstasy with meth in it.

ONDCP does not want you to think about the failure, death, corruption, and tyranny they promote. After all we have arrested millions and wasted billions fighting both meth and E and guess what? Somehow, both are still readily available and now come conveniently packaged together.

The Mornings News has a story on a Fort Worth Policy “no refusal” policy for New Years Eve. Drivers suspected of DWI will be forced to give a blood sample. A typical law enforcement holiday Constitutional desecration of the 4th, 5th, and 6th Amendment goes like this.

A suspect will be pulled over for a traffic violation. The officer will then magically find all of these signs of intoxication- bloodshot/glassy eyes, the odor of an alcoholic beverage, and slurred speech (trust me, they always find all three). The officer will fax this information to a friendly magistrate. This magistrate is assigned to sign blood draw warrants upon request. Suspects will then be forced to give a sample of blood and have no recourse if they are found to innocent later.

“We’re going to get our evidence one way or another,” Fort Worth Police Chief

I enjoy the writings of CS Lewis. The Screwtape Letters is a favorite book of mine.

Mr. Lewis is primarily a theologian but offers great insight into the tyranny of good intentions. If you have wondered how Drug Warriors can lie to the public, encarcerate hundreds of thousands, destroy families, advocate policies that spread AIDS, corruption, and kill innocent Americans without a hint of guilt or regret? Mr. Lewis explains-

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

US News has announced that attorneys are among the 13 most overrated careers for 2008. Here is the anaylsis-

Most lawyers’ lives bear little resemblance to those on Law and Order. Even

litigators spend lots of time drafting or poring over sheaves of detailed information and negotiating with other lawyers prone to contentiousness and chicanery. And most lawyers rarely go to trials, working instead as transactional attorneys who need to bill 2,000 hours a year or more to meet the firm’s targets. That can mean long evenings drafting lengthy, airtight contracts or other documents. In the corporate world, many lawyers find little fulfillment and burn out.