.jpg)
4.23.2008
Supreme Court Hysteria
Supreme Court News This Morning:
Facts: Cops violated Virginia law by arresting a guy for driving on a suspended license instead of writing him a ticket. They then searched his car "incident to the [illegal] arrest" and found crack cocaine. Defendant then tries to have the trial court suppress the evidence of crack as an illegal search under the U.S. Constitution.
What The Case Says: Just because the cops broke a state law doesn't mean the federal 4th Amendment was violated. Crack cocaine comes into evidence.
Impact In Texas: None. First, cops can lawfully arrest you for any Class C violation with the exception of Speeding and Open Container. In the event the cops break the law and arrest you for those two offenses, any evidence they find will be suppressed because a state statute says so (unlike Virginia.) See Texas Code Of Criminal Procedure 38.23 (any evidence found as a result of a violation of state law can't be used against you.) So the evidence will be thrown out not because of the the 4th Amendment, but because of a state statute -- At least if your lawyer objects on the basis of 38.23 and not the 4th Amendment.
Caveat: At least that's my gut reaction.
Subscribe to:
Post Comments (Atom)
7 comments:
Not one reference to last evening's Boston Legal?
We're talking the US Supreme Court, the boyz did well.
Nolan
I've heard more than once from police and DPS,"You know I could take you to jail for going that fast over the speed limit don't you?" It obviously din't work as a deterrent but,were they pulling my leg?
Yes, last night's episode of "Boston Legal" was great. The actors playing the justices looked very much like the real people. Great story involving the Supreme Court; great (continuing)story about the friendship of Denny Crane & Alan Shore. I love that show!
To 2fast4u: If the cops were referring to the fact that your speed was so great that they might arrest you for a reckless conduct (instead of just ticketing you for the speed), then they were correct. Driving way over the speed limit can result in a criminal charge more serious than the speeding.
Well 2fast4u they can take you to jail for speeding! Its called RECKLESS DRIVING is the offense. All they have to do is articulate that you speed was unsafe and reckless. So who ever told you that was telling the truth and they CAN take you to jail for your speed. The offense isnt speeding its reckless driving. So better watch your speed!!!!
,0.J/ I.;PPPPPPP K, DBLY 5B Vb"ft T443
zac was 10 yesterday (months) and he sends this out to everybody in the WC.
Just wondering?? Well this apply to the raid on the 400 plus children, Ripped from their families.
Post a Comment