Compulsive discovery in Texas criminal prosecutions is far from the process guaranteed in the Sixth Amendment. Judges require a motion for production of exculpatory evidence before they will order the items turned over to defense attorneys for “just cause.” No arrest or offense reports are required to be presented, as well as lists of witnesses or their statements. Attorneys may only view the material and make handwritten notes at the discretion of the District Attorney as a matter of policy. But four defendants falsely accused and convicted of murder have recently been released after languishing behind prison bars for decades because prosecutors mislaid or withheld vital evidence. Some prosecutors have joined the defense bar in the hue and cry for change to the existing procedure.
To read further about these matters, one need only follow these links:
Watch this textbook example of a Texas peace officer seeking identification from a citizen on a city street:
The authority to detain on reasonable suspicion was established in Terry v. Ohio, 392 U.S.1 (1968), and does not depend on the existence of a law that specifically authorizes such a detention, so that authority exists in all jurisdictions in the United States.
Section 38.02 of the Texas Penal Code requires a person who has been arrested, or is under restraint, to provide identification – on pain of being charged with a Class C misdemeanor upon refusal, or a Class B misdemeanor if found to have given a false name or identification.
One may read the full extent of the Texas law by following this link:
The conflict arises because mobile data terminals in police cruisers generate the makings of an offense and arrest report the moment an ID car is swiped. Like most cybernetic devices, the terminal is a self-compelling technology. It begs to be used in the detection of crime and the generation of reports.
Some persons are not authorized to carry firearms or deadly weapons, such as black powder revolvers replicated from the models produced prior to 1899. It can ruin a man’s whole day if he is shot by an assailant wielding a pre-1899 cap and ball black powder revolver.
Police are eager to determine if people they speak with are authorized to carry weapons, so they sometimes become insistent to see ID cards. – The Legendary
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JARRELL, Texas – FBI agents raided city offices, serving sealed search warrants regarding unspecified allegations that center in the Police Department.
There is no permanent police chief currently serving the department, according to City Manager Mel Yantis. The former chief resigned in October.
Mr. Yantis said he spent his time answering the questions of a forensic accountant who works for the FBI.
When quizzed about what the allegations are all about, the former police chief, who was not named in news reports, told news outlets that he “knows nothing.”
“They provided us with a copy of the warrant, which was a sealed warrant. Still, today, we don’t know exactly what they’re looking for and how it will affect the City. I wasn’t really concerned. In the last year, we’ve updated our records and moved city hall,” Mr. Yantis said.
The New York Times and Guardian newspapers have called for clemency for Edward Snowden, saying that the espionage worker-turned-privacy advocate should be praised rather than punished for his disclosures.
The papers – both of which have played a role in publishing Snowden’s intelligence trove – suggested late Wednesday that the former National Security Agency contractor’s revelations about the United States’ world-spanning espionage program were of such public importance that they outweighed any possible wrongdoing
Paste this link into your web search engine to read the FISA Court order to instruct Verizon to comb through all its customers’ internet and phone conversations:
Click on this link to watch General James R. Clapper of the NSA and FBI Director Robert Mueller lying to the Senate Intelligence Committee about the court order and the 12-year history of spying on Americans’ domestic phone and internet communications:
Peace Dividend Slows, Militarized cop shops abound
One may read further by clicking these links:
One may read George Friedman’s economic analysis of post-war income trends by pasting this URL in the web search window