Don't Have Probable Cause? This Is Texas, Just Fabricate It

[DeSwiss]

If you don't have probable cause just fabricate it, say drug enforcers and some TX prosecutors

Friday, July 20, 2007

Speaking of informants, on the Texas prosecutors' user forum a self-identified DEA agent named Bill sought to justify a traffic stop where drugs were found using probable cause agents had overtly fabricated. They didn't want to admit in court they were acting an a possibly unreliable informant, so took the liberty of manufacturing probable cause for a traffic stop by stealing the front license plate from the car the suspect was driving. Here's his story:

I have a federal prosecutor who has some questions with this. Maybe some DA's can shed some light. The federal AUSA just has some legal concerns, he is trying to do the right thing and is working with us. In any event, here it is:

An informant gets called to run a load of dope. Fine. He provides the load vehicle, which is driven away to the stash house by a criminal load driver. Prior to the load driver picking up the car, law enforcement removes the front plate, on purpose, so that marked patrol units, working with narcotics task force, will have PC to stop the car. Narcotics task force supervisors and police patrol supervisors discuss this gameplan and everyone agrees it will be fine.

Load gets loaded. Vehicle gets stopped, upon observation by Texas peace officers who witness first hand that the vehicle is in violation of traffic law, with no front plate. Drugs are in plain view thru the glass, and driver consents to search. Drugs seized. Driver arrested. Case expanded on. Everyone high-fives each other.

Read more: http://gritsforbreakfast.blogspot.com/2007/07/fabricated-probable-cause-just-fine-for.html

*** - So this is what cowboy justice is like? Well, I'm not surprised in the least. I guess the drug guy should be glad they didn't string him up right there on the spot.

And while I'm terribly concerned with the implications that has for upholding our Constitutional provisions, we must remember that this is Texas they're talking about. And Texas is on my "Places I'm Never Going To Go Again" list anyway.

[VLC]

1. That would NEVER happen in any other state!!!

[DeSwiss]

2. Oh, nooooooooooo!!!!!!

[TheMadMonk]

3. Provided the "stop" is made by a cop not in the loop...

...I don't have a major problem with this type of "setup". It is after all the driver's responsibility to ensure his vehicle is in a fit condition to drive. Collaring him yourself is probably just a little bit crass if nothing else though.

And this bloke doesn't seem to have too much in the smarts department: A vehicle begging to be stopped; AND the drugs in plain sight. WTF?


Fitting people up is just plain wrong, no arguments there. Taking advantage of greed and stupidity to lure criminals into exposing themselves as a rule is fine in my books, provided the crime is an actual one.

[DeSwiss]

4. Agreed.

"Taking advantage of greed and stupidity to lure criminals into exposing themselves as a rule is fine in my books..."

And most of them make it pretty easy. Which is why the cops can catch them so often....

[cynatnite]

5. This info was from a forum...

so I don't see any reason to take it seriously. The thread this story came from was removed. It could have turned into a flame war for all we know.

[DeSwiss]

6. You could be right, its a Texas political gossip site....

...that I linked to from Wonkette. I've linked to them before on other stories. Another one of them that's pretty good is http://www.inthepinktexas.com/">InThePinkTexas.

Most of the time they're surprisingly accurate from what I've seen. And Texas state politics is worthy of Greek drama. Complete with dying politicians being wheeled into the senatorius sanctorum (or whatever)....

[Richard Steele]

7. I'm sorry, but how is this not a peferctly legal "undercover operation"?

The only reason they even bothered to remove the plate
to establish "probable cause" was so they wouldn't need
to reveal the INFORMANT who tipped them off to the load
in the first place.

Look, I'm the first person to jump all over abuses of Police power,
and I'll call "foul" on fascist bullshit as quick as anyone,
but I'm just not seeing any such thing in this story.

Sure, I oppose "drug laws" in general........but since they're
on the books, this seems like a perfectly reasonable effort to
enforce them, executed in a legal manner.

Police Officers do a hundred things a day worth getting upset about-
this operation was not one of them.