Dallas Criminal Defense Lawyer Blog

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 Luckily our living breathing constitution has developed so many exceptions to that outdated rule that the vast majority of arrests are warrantless.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