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AVH INQUIRY FROM PROBATIONER

I received an inquiry from an Ellis County probationer recently. The probationer had been sent notice to appear at an “Adiministrative Violation Hearing.” Allegedly this probationer had done or not done various thing in violation of the rules of probation.

Probationer told me that he was not allowed to have an attorney at this hearing. Probationer said if an attorney did appear then Probationer would be arrested. That didn’t sound right to me.

DMN has a story on how Mexican drug cartles are using teenage hitmen to further their drug trade interests in the United States. Drug war violence, so long associated with Mexico, is coming to the USA, brought to you by the DEA. Grits For Breakfast does an excellent job breaking the story down (do you ever sleep Scott?).

The only way to stop these teenage hitmen is to put their bosses out of business. The DEA has had 35 years to put Mexican drug cartels out of business. They have wasted billions, incarerated thousands, and failed miserably to stop organized crime from selling drugs. When will we let the free market put these gangs out of business?

Pushingback.com, the government’s official Prohibition propoganda site, is bragging about a recent rise in the price of meth. Allegedly, the street price of meth is up 73% since January.

It is unfortunate that all the gains in the price of meth are going to Mexican drug cartels. Prohibition creates a great reliable income and retirement for drug lords.

Our government is doing a great job ensuring windfall profits for organized criminals. We have given them a monopoly on the American meth market and outsourced production through a misguided ban on over the counter sudafed.

News 8 Austin has picked up on the warrantless surveillance story. The media is going to the wonderful Debbie Russell of Texas ACLU for quotes (I’m not that hard to find guys). Here is what Debbie has to say-

“They have full access to the database and the question is, how are they using

it?” Debbie Russell with the American Civil Liberties Union said. “They could have an 85-year-old lady growing African violets or something completely different, medical machines. It’s a waste of resources,” Russell said.

Here are some more embarassing statements from Austin PD.

KXAN has picked up on Austin Energy/Austin Police warrant less surveillance program. It’s good to see the mainstream press involved. I hope they keep pressing until they get answers.

Next time an Austin Cop questions you, ask for a lawyer. That is what Austin PD did when asked about their Austin Energy customer data mining program. Here is the quote from KXAN

An APD representative agreed to talk to KXAN Austin News about using energy

Austin+Energy+2 I can now confirm that Austin Police have access to Austin Energy customer usage information. The City of Austin, in response to my open records request, turned over an agreement titled “Utility Database Confidentiality Agreement.” This agreement gives Austin PD the right to search Austin Energy customer information without a warrant.

Here is the history. I received an email from the NORML listserv. An Austin resident was concerned the police were using customer information from Austin Energy. Allegedly, Austin PD was using electricity bills to get search warrants for marijuana grow operations. I, along with ACLU Texas, filed open information requests to confirm this story.

The City of Austin withheld further information pending an AG opinion. For those who are not familiar with Open Records requests, Attorney General Opinions are often sought to delay releasing information.

Grits for Breakfast is hitting daily home runs. The pace and strength of GFB copy puts most blogs to shame. I can not understand why Scott Henson is not writing for a major media outlet. He inspires this blog on a regular basis. I should retitle IWTS “Grits for Lunch.”

GFB posted recently on the economic forces behind plea bargains. His conclusion is that traditional negotiation models do not apply. Especially in cases where the defendant is in jail.

In my career I prosecuted mainly misdemeanors. In East Texas every Friday I had jail docket. We had a nice space in the jail where the prisoners could meet with us and we could “plea bargain.” Most of the defendant’s had attorneys. If not, they would sign a waiver. These defendants had been in jail anywhere from 14 to 30 days.

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