blank'/> Liberally Lean From The Land Of Dairy Queen: Random Legal Stuff

6.13.2008

Random Legal Stuff

In reviewing the opinions released this morning by the Fort Worth Court of Appeals, I saw one (pdf file) which involved the reversal of a DWI case. It wasn't particularly significant in that it reaffirmed the well settled proposition that a stop of a vehicle cannot be justified based solely upon an anonymous tip. Bottom line: The court held that there was not a reasonable suspicion to stop the vehicle, therefore the stop was illegal, so any evidence found as a result of the illegal stop (DWI evidence) was suppressed. But get this obscure fact that didn't play any role in the court's decision: When the officer went back and viewed his videotape after the arrest, he saw that the Defendant had failed to stop at at a stop sign. He simply hadn't notice it before he stopped the vehicle based upon the anonymous tip. If he had seen it, the stop of the vehicle would have been justified because he had observed a criminal violation. Either we've got an honest cop (since he could have simply put in his report that "I observed the defendant fail to come to a complete stop at a stop sign" and no one would have questioned him because the video would back him up) or the report had already been completed by the time he viewed the video (which, amazingly, some "big city" police departments have the officers dictate the reports over the phone immediately after an arrest.)

12 comments:

AnObiter said...

This new bluish-gray background makes me sleepy. Kinda like visual Sominex.

Anonymous said...

The background is so...so...

I'm just sayin

Anonymous said...

Thanks Anobiter. I was worried I was the only one and I might be cuckoo for Cocoa Puffs.

Anonymous said...

queer?

Anonymous said...

i've been pulled over before for stopping at a stop sign too long, cool.

Anonymous said...

Were you high 11:26? Or just waiting for a GO sign?

Anonymous said...

Roy: Thomas can raise a barn, but can he pick up a 7-10 split?
Ishmael: God blessed my brother to be a good carpenter. It's okay.
Roy: Yeah, well he blessed you, too, and I'll give you a hint what it is. It's round, has three holes, and you put your fingers into it.
Ishmael: You leave Rebecca out of this.

RPM said...

DUDLEY:You don't have the eye for human weakness to be a good detective.Or the stomach. You're a political animal, Edmund.
EXLEY:You're wrong.
DUDLEY:Am I...? Would you be willing to
plant corroborative evidence on a
suspect you knew was guilty in
order to ensure an indictment?

EXLEY:Dudley, we've been over this.
DUDLEY:Answer yes or no.
EXLEY:I... No.
DUDLEY:Would you be willing to rig crime
scene evidence to support a
prosecuting attorney's working
hypothesis...? Yes or no, Edmund.
EXLEY:No.
DUDLEY:Would you be willing to beat confessions out of suspects you knew to be guilty?
EXLEY:No.
DUDLEY:Would you be willing to shoot
hardened criminals in the back to
offset the chance --
EXLEY:No.
DUDLEY:Then for God's sake, don't be a detective.

Anonymous said...

And maybe somewhere a person or two is alive today if for no other reason than the drunk was taken off the road that day. The trouble with that kind of logic is there is never any evidence of what "might" have happened or been avoided. Similarly, so many hate George Bush and our efforts and reasons for doing what the U.S. has done, but how do we know that something even more horrific than 911 might have been avoided by some of these actions? When you stop something from happening, it doesn't happen for everyone to see (and then wish for anything that it hadn't).

Anonymous said...

I think the police should be able to use any evidence they find, whether they had a reason to pull you over or not. If you aren't doing anything wrong, what's the beef? If you ARE doing something wrong, you should not get a pass on a technicality. Illegal is illegal, period. They should be able to stop people at random. They can usually tell fairly quick if anything fishy is going on.

Anonymous said...

i also thinks police should be able to beat the holy living shit out of anybody they feel like! I bet crime would go way down if cops could shoot punks in the ass for wearing they pantses pulled down just to piss off honkeys!!!!!!

Anonymous said...

sounds like that just about covers it!Butt seriously folks,our govt. must always act protect and defend our SACRED CONSTITUTION.i believe this document is founded on principals of christian faith.not muslim,hindu,budda,islam,watusi,zulu etc etc....