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Article posted Dec 19 2013, 10:12 AM Category: Big Brother/Orwellian Source: Infowars Print

Texas Court Rules Warrants Can be Obtained on 'Predictions of Future Crimes'

Stems from case in which police conducted an illegal entry prior to obtaining warrant
Adan Salazar


A ruling by the Texas Court of Criminal Appeals last week opens the door for Texas law enforcement to obtain search warrants "based on predictions of the commission of future crimes," an appeals judge has stated.

The ruling came in the 2010 case of a man who police allege was "fixing to" cook methamphetamine.

Parker County police had been staking out suspect Michael Fred Wehren’s house for over a month.

When an informant tipped them off that Wehren and others were preparing to manufacture a batch of meth, police entered the home after midnight and detained Wehren and his friends outside his home in handcuffs.

Police then entered the home and located pseudoephedrine, stripped lithium batteries and other materials typically used to cook meth.

Only after police illegally entered Wehren’s home did they secure a search warrant from a judge. Of course, their request made sure not to mention the fact they had already entered the house and seized what they were looking for.

During trial, Wehrenberg’s lawyers argued the evidence was inadmissible as it had been obtained through deceptive, unconstitutional means.

"The motion was denied," writes Eric Nicholson for the Dallas Observer, adding, "the trial court cited federal ‘independent source doctrine,’ which allows illegally seized evidence a third party told them about beforehand — and Wehrenberg pleaded guilty to one count of possession and one count of intent to manufacture, getting five years in prison."

Wehren’s lawyers appealed the verdict to the Second Court of Appeals in Fort Worth on the grounds that evidence used to convict him should have initially been excluded.

While that court sided with Wehren’s lawyers, judges with the Texas Court of Criminal Appeals, which ultimately has the final say, agreed with the trial court’s decision, saying the confidential informant’s tip could be construed as being within the guidelines of the federal "independent source doctrine."

One judge offered a sound basis for dissenting with the majority, ominously concluding the ruling meant "search warrants may now be based on predictions of the commission of future crimes."

"There was more than enough time to secure a search warrant before the officers’ intrusion into the premises, but they deliberately chose not to attempt to obtain it until after they had conducted the unlawful entry," wrote Judge Lawrence E. Meyers in his dissenting opinion.

"Further, had the officers entered the home and found the occupants only baking cupcakes, the officers would not have bothered to then obtain the warrant at all. It was only after unlawfully entering and finding suspicious activity that they felt the need to then secure the warrant in order to cover their tracks and collect the evidence without the taint of their entry."

"Further," Meyers continued, "even if the search warrant was based exclusively on the confidential informant's information, it still would not be valid. The informant's tip that Appellant and his group were ‘fixing to’ cook methamphetamine that evening was a prediction of a future crime rather than an assertion that a crime was being or had been committed. Probable cause for a search warrant cannot be based on anticipation of a prospective crime.”





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Comments 1 - 4 of 4 Add Comment Page 1 of 1
Anonymous

Posted: Dec 19 2013, 4:05 PM

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75145 "Wehrenberg pleaded guilty to one count of possession and one count of intent to manufacture,"

If "intent to manufacture" is a separate crime, then it's not a "future crime", but "crime in progress". I.e. all the preparations were already in place.

Regardless, I always wonder, what will happen if one day drugs become legal. It looks like very large workforce will suddenly hit unemployment. Think about it, even when another photographer is arrested and we begin discussing what SC ruled about this and that - pretty much everything that SC ever ruled, was always linked to possession of drugs. I don't think there ever was a ruling about an actual civil rights violation by itself.
Anonymous

Posted: Dec 19 2013, 5:42 PM

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18443 "If "intent to manufacture" is a separate crime, then it's not a "future crime", but "crime in progress". I.e. all the preparations were already in place."

i'm not going to debate legal because the entire system is a lie and what used to be america no longer is, thanks to 2001 ndaa and many other changes the evil have made against us using "laws" to bind us the same as with physical chains.

but what you say there is morally and spiritually wrong.

a person can be angry at the world, buy a sniper rifle, and write down a hit list or a belltower they intend to visit,

and then at the last minute have a change of heart and repent.

they have not committed any crime, and through repentence God has forgiven them of their prior intent. they have harmed noone.

everyone is given by God free will, and chances to repent.

the entirety of the drug war is a fraud anyway, anyone supporting that lie anymore is still asleep or is part of the evil.

God sees all you do and all you think; including every time you WANT cops to go beat up or jail some person you simply don't like or don't agree with. the same will be done to you in the afterlife, i advise caution.

Anonymous

Posted: Dec 20 2013, 2:26 AM

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98198 The lesson: if you don't want someone knowing your business, keep your mouth shut.

As for the home made "meth" manufacturers: fuck 'em.
Anonymous

Posted: Dec 29 2013, 2:11 PM

Link
208123 welcome to the FASCIST NEW WORLD ODOR


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