4.27.2013
4.26.2013
A Law At Work
Just came across a fairly recent court opinion.
Facts: A guy is stopped for a traffic violation and then arrested for DWI. He is offered a chance to provide a sample of his breath and he refuses. Texas law allows for the cop to take a sample of his blood without a warrant* if "at the time of the arrest, the officer possesses or receives reliable information from a credible source" that the person has twice been convicted for DWI. The deputy contacts dispatch who advises him that the Texas criminal database ("TCIC") indicates the person arrested has twice been convicted for DWI. The officer then takes the guy to the hospital and has a nurse draw the defendant's blood. A later analysis reveals it has an alcohol concentration of greater than .08.
One problem: The TCIC database was wrong. He didn't have two prior convictions. So the defendant asks the judge to throw out (suppress) the blood results because they were taken in violation of the law. That is, a warrant should have been obtained.
"Oh, no" says the State! TCIC is reliable. Just because there was a screw-up this time doesn't mean that the TCIC database is not a "credible source" and that's all that's required. The trial judge disagreed and threw out the blood results.
The State, with not enough to do, appealed the decision. The appellate court agreed with the government and said the blood results could be used against the defendant (after ruling it was the defendant's burden to prove TCIC is unreliable and not the State's burden to prove it is reliable.) Welcome to the Continuing Police State.
Query: What's going to happen when a normally reliable dispatcher misreads an accurate TCIC that shows none or only one conviction but tells the officer that the driver has two? Will a court approve a blood draw based upon the use of that misinformation? After all, could a defendant ever prove a dispatcher is not a "credible source" despite that mistake?
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* Yeah, the Supreme Court ruling last week may kill that and other laws unless there are other facts justifying the bypassing of getting a warrant.
Random Friday Morning Thoughts
- A Springtown woman is arrested for the murder of a child in 1982 after "cold case" investigators took a look at the case. With no new evidence, something doesn't sound right.
- Jerry Jones is taking what I think to be his biggest post-draft media beating ever after last night. Maybe it is because Saudi Prince Bandar bin Sultan’s son, Faisal, who was in the team’s draft room, made the first pick.
- How football is changing: For the first time in 50 years, a running back was not selected in the first round of the NFL Draft.
- Photos of protesters yesterday during the Bush Center ceremony. (They were restricted to the east side of Central.)
- Whataburger is going into the retail sales of its ketchup (which, by the way, I never knew was such a crowd pleaser.) But I've never seen a restaurant/fast food place successfully translate its taste to the grocery aisle. Taco Bell sauce and On The Border tv dinners come to mind.
- Mrs. LL is coaching a girl's softball team this season and is doing really well. She's a big fan of aggressive base running. Or she's crazy.
- I still think about watching a game last year when a big, athletic girl would come to the plate. A different coach would go out to the pitcher every time, say some words of encouragement, and then hand her a face guard to be worn only for that batter. I always wonder about what was said: "You can get her. Just throw inside and low. Now put this mask on because she might kill you."
- From the Update: "5K RUN — The Skinnydipper 5K at Wildwood is 1 p.m. Saturday. Registration opens at 9 a.m., and the gate will lock at 12:30 p.m. The clothing optional cross country race attracts runners from all over the USA, Australia, Europe and Canada. A barbecue dinner is held after the race." Make your own jokes.
- I watched a little of the memorial service from Waco but couldn't stick with it. It was really hard to watch, but I'm not sure what made it different than other services. Maybe the fact it wasn't in a church?
- There was an animated GIF going around of the pitches of Yu Darvish which got me thinking about the difference between a curve ball and a slider. I don't think I've ever felt so sports dumb as to learn that a curve ball actually drops in a straight line (think 12:00 o'clock to 6:00 o'clock) while a slider moves down and out (think Josh Hamilton swinging.)
- The New York Times has an article pointing out the Texas prosecutors are losing their reputations as the "good guys" and face the loss of elections because of it.
4.25.2013
And Now To Waco
The construction site of new football stadium.
The line to get into the memorial service
About The Elvis Impersonator Who Didn't Send The President Poison
He's a nut. With an annoying attorney.
Random Thursday Morning Thoughts
- I think I heard that President Obama stayed at The Omni hotel last night in downtown Dallas.
- I also heard this morning that the White House rents out an entire floor for the President as well as the floor above and the floor below. Truth or myth?
- After the ceremony at the Bush Library, President Obama will go to Waco around noon via helicopter.
- A picture this morning of what seems to be thousands of white chairs set up for the opening of the Bush library.
- Troy Aikman is already there with a "Hey, Now."
- I heard yesterday that this is the first time five U.S. Presidents will be in the same place. I didn't believe that to be true, but I haven't heard anything to the contrary.
- My mind short circuits whenever I hear an advertisement or report of a wreck at "380 and 75/Central".
- Phil Donahue was on the Mark Davis Show yesterday and he was great. He was absolutely speechless when Davis said he didn't have any problem with the government listening in on private cell phone calls.
- There was a time capsule buried in Bridgeport in, I think, 1974. I wonder if anyone does (or will) remember where exactly it was buried.
- What a boring group of names in tonight's NFL Draft. I'll probably have it on anyway.
- It sounds like there has been a ton of money raised for the victims of West, Texas. Serious question: Just who is in charge of the distribution of that money?
- From the Update: "The North Texas Singles Club meets at Spicy Mexico in Bowie at 6 p.m. Saturday. All single adults are invited. Mini will be your greeter." Mini?
- Did I just see this posted on Facebook by a Decatur school board candidate: "Just listened to Anthrax's cover of 'Smokin' by Boston. Wow!!!!!"
4.24.2013
Look Where The President Is Eating Dinner Tonight In Dallas
With some of his closest friends.
Here's a list of homeowners on that street. (Yep, those pictures above are of a residence.)
I Must Be Psychic
This morning in Random Thoughts, I mentioned both Lake Bridgeport and the Tarrant County Water District. A second ago, I got an "alert" (based upon some web site setting I subscribed to years ago) telling me that the lake level is now below 820 feet (the trigger I had set to launch the notification.) That means the lake it is more than 16 feet low.
It could be a long summer.
Random Wednesday Morning Thoughts
- One headline: "Perry Says State Oversight Would Not Have Prevented Blast." And then this one: "West Explosion Investigation: More Than 70 Agents Searching for Cause." So Perry doesn't know the cause of the explosion but knows what wouldn't have prevented it?
- The Elvis impersonator who was accused of sending poison to the President was released yesterday and all charges dropped. That whole sentence makes me insane.
- Re: Boston's David Ortiz dropping an F-Bomb when addressing the crowd last weekend at Fenway Park: In the argument over "speaking from the heart" vs. "moron", I'll go with moron.
- After 9/11, I had the opinion that bombs going off every other month in a random Taco Bell, CVS, or Red Lobster would do a heck of a lot more to terrorize the American public than one cataclysmic attack. Still believe it.
- Today, JerryWorld will be announced as the first home of the National Championship game for college football's four team playoff beginning after the 2014 season. But why in the world in year's #2 and #3 of the playoffs are the semi-final games being held on New Year's Eve instead of New Year's Day? (Also, smart guys, scan to the bottom of this official page for the calender -- those years and days don't make sense, do they?)
- Some guy decided to rob a Whataburger off of Brentwood Stair this morning in Fort Worth and ended up getting shot three times by police. One officer got shot in the leg. Think that was well planned?
- I think I spend a fortune on cell phones and Internet.
- Relationship gap: Mrs. LL loves playing cards. I have no desire to play cards.
- Under the radar: The Supreme Court heard arguments yesterday about the Tarrant Regional Water District's right to buy water from Oklahoma. It sounds complicated, but I bet the decision could have a dramatic impact on Lake Bridgeport (either from the need to suck water out of it or to build feeder lakes upstream.)
- Oddest statement made to me by an investigator yesterday as he walked behind me up the stairs at the courthouse: "Your ears made you look like a leprechaun right then." There is absolutely no way to twist that into a positive statement. And lord knows I've tried.
- I had a fellow student in college take issue with my statement of, "If I was raised in a Catholic family, I'd be Catholic today." I've never forgotten how dumbfounded I was when she insisted she would be Southern Baptist at that moment regardless of her upbringing.
- I watched half of the 30 for 30 documentary From Elway to Marino about the 1983 NFL draft and, so far, it's great. But here's a hot sports opinion: That "diary" the agent is reading about what went down in those days is completely made up for dramatic effect.
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