11-03-00

Dumb Crooks^TM

Chief Deputy—Doug Whitehead

“’Atta boy” to Sgt. Clark for apprehending the young men that were shooting the "trick or treaters" with paintball guns Halloween night in Alvord. Patrol presented a highly visible presence in county cities and throughout the county. This contributed to the low incident volume and offset the beautiful weather that brought out many, many "trick or treaters" everywhere. According to Fire Marshall Bement there were no fire calls this Halloween. Besides protecting the "trick or treaters" we gave special attention to the cemeteries and churches. Overall it was a job well done by all - everyone is to be congratulated.

November Birthdays

3 Steve Herron
4 John Bradshaw
11 Robert Hill
12 Richard Young
13 Chuck Gomez
17 Harry Lamance
25 Marilyn Featherstone
25 Tom Colgrove
28 Wesley Harrison

Legal Issues - Search and Seizure

A police officer was told by an informant that three men were selling crack cocaine at a given location. The men were described, and the informant gave the officers the names of two of them. He also told the officer that one of the three, named Joe, was hiding narcotics “in his ass.”

The officer and his partner located three men matching the descriptions, who were surrounded by a haze of blue smoke. When the officer approached, he smelled the odor of marijuana.

The names given by the suspects matched those provided by the informant. As one officer checked for weapons, his partner discovered a Swisher Sweet cigar containing a small amount of marijuana in the area around the men.

After finding the cigar, the officer handcuffed the trio, put them in a police car, and drove them to a nearby fire station where he obtained rubber gloves and checked the buttocks and external anal area of two of the suspects.

When the defendant refused to bend over a table, lower his pants and underwear, and spread his buttocks, the officer kicked the man’s legs apart, removed his clothing, and inspected the suspect’s buttocks himself. He found a plastic covered object that was later identified as crack cocaine.

The defendant moved to suppress the cocaine, contending that the officer actually had performed a cavity search to find the drugs. When the trial judge overruled the suppression motion, the defendant appealed, claiming that the arrest and search were unconstitutional.

Holding: The search that revealed the cocaine must have been based on the defendant’s arrest. By handcuffing the defendant and taking him to the fire station, the officers arrested him, despite their testimony that he was neither under arrest nor free to leave.

The arrest was conducted without a warrant. Therefore, it was authorized only if there was probable cause, and if the arrest came within one of the statutory arrest warrant exceptions, within the Code of Criminal Procedure.

There was sufficient information known to the officers to establish probable cause. The tip came from an informant of proven reliability, and it was corroborated by the officers’ observations and the fact that the names of the suspects matched those provided by the informant.

Also, marijuana was found in the vicinity of the suspects, and the officers saw smoke around the men. Based on all of the facts known to the officers, they were entitled to believe that the men had been using drugs just before their arrival on the scene.

Regarding the lack of a warrant, the State argued that the arrest was justified by Article 10.04. It provides that, “Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant,” the officer may arrest without a warrant.

The informant was shown to be a “credible person,” and the possessing and sale of cocaine are felony offenses. There also was no question that the defendant was the offender. He had been described and named by the informant.

The State failed, however, to establish the “escape” element of Article 14.04. While the State need not prove that the defendant in fact was about to escape, it must be shown that there was some representation by the credible person that the defendant was about to do so.

There was no evidence that the defendant was about to escape, either from the officers’ observations or from the informant’s tip. The defendant was arrested shortly after the officers receive the information, and the fact that the defendant was found on a public street is insufficient to establish that he was about to escape.

In the absence of evidence that the defendant was about to escape, and because no other arrest warrant exception applied, the warrantless arrest was not authorized. The importance of the evidence to the prosecution’s case establishes that the unlawful arrest was harmful, and required reversal of the defendant’s conviction.

Even if the arrest was not unlawful, the search that followed the arrest was unconstitutional. A strip search or visual body cavity search must be reasonable under the circumstances in order to be constitutional under the fourth Amendment.

The search in this case was “dehumanizing, demeaning, undignified, terrifying and embarrassing.” The search was conducted in a fire station while the defendant was still handcuffed and forced to bend over a table.

A strip search must be conducted in such a way as to protect the privacy of the person involved. Little was done in the case to protect the defendant’s privacy. The search was not conducted in a separate room, and it was within view of anyone who might pass by.

The officer thought the defendant was not under arrest when he was searched, testimony indicating that he thought he could conduct a strip search based on no more than reasonable suspicion. While the officer’s belief is not controlling, it is a factor to be used in analyzing the search issue.

While steps may be necessary in such cases to prevent suspects from stashing contraband in a patrol car, other measures might have been used to prevent this from occurring. Suspects could be separated, for example, which was not done here.

The nature of the search and the manner in which it was conducted were unreasonable and harmful to the defendant. Consequently, the search was unconstitutional, in addition to the arrest being unlawful. McGee v. State, 2000 WL 767751 (Tex. App. – Houston, 6-15-00).

We at the Sheriff’s Office are hearing more and more about abused children and other family violence, divorce, and more and more harm from dangerous drugs. There are also those crimes that come with the need for those drugs by those addicted to them or those who are determined to sell them.

HOWEVER, I also see a reawakening of spirituality in our lives here at the Sheriff’s Office. I get so much e-mail every day concerning our need for God and His Son.

I see people who are becoming more and more concerned about helping others.

DID YOU KNOW that we have videotapes and cassette tapes as well as books on how to improve your marriage, how to be a better Christian, etc. We also have free Bibles in easy to read versions available to you.

We have a list of qualified counselors who have agreed to be on call in case we have a need for them.

So, please let me know what your needs are and I will find something or someone who will try to help. And of course, I am always here.

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WARNING, CAUTION, DANGER, AND BEWARE!
Gullibility Virus Spreading over the Internet!
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WASHINGTON, D.C.--The Institute for the Investigation of Irregular Internet Phenomena announced today that many Internet users are becoming infected by a new virus that causes them to believe without question every groundless story, legend, and dire warning that shows up in their inbox or on their browser. The Gullibility Virus, as it is called, apparently makes people believe and forward copies of silly hoaxes relating to cookie recipes, email viruses, taxes on modems, and get-rich-quick schemes.

"These are not just readers of tabloids or people who buy lottery tickets based on fortune cookie numbers," a spokesman said. "Most are otherwise normal people, who would laugh at the same stories if told to them by a stranger on a street corner." However, once these same people become infected with the Gullibility Virus, they believe anything they read on the Internet.

"My immunity to tall tales and bizarre claims is all gone," reported one weeping victim. "I believe every warning message and sick child story my friends forward to me, even though most of the messages are anonymous."

Another victim, now in remission, added, "When I first heard about Budweiser Frogs Virus, I just accepted it without question. After all, there were dozens of other recipients on the mail header, so I thought the virus must be true." It was a long time, the victim said, before she could stand up at a Hoaxes Anonymous meeting and state, "My name is Jane, and I've been hoaxed." Now, however, she is spreading the word. "Challenge and check whatever you read," she says.

Internet users are urged to examine themselves for symptoms of the virus, which include the following:

The willingness to believe improbable stories without thinking. The urge to forward multiple copies of such stories to others. A lack of desire to take three minutes to check to see if a story is true.

T. C. is an example of someone recently infected. He told one reporter, "I read on the Net that the major ingredient in almost all shampoos makes your hair fall out, so I've stopped using shampoo." When told about the Gullibility Virus, T. C. said he would stop reading email, so that he would not become infected.

Anyone with symptoms like these is urged to seek help immediately. Experts recommend that at the first feelings of gullibility, Internet users rush to their favorite search engine and look up the item tempting them to thoughtless credence. Most hoaxes, legends, and tall tales have been widely discussed and exposed by the Internet community.

Courses in critical thinking are also widely available, and there is online help from many sources.

Lastly, as a public service, Internet users can help stamp out the Gullibility Virus by sending copies of this message to anyone who forwards them a hoax.

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This message is so important, we're sending it anonymously! Forward it to all your friends right away! Don't think about it! This is not a chain letter! This story is true! Don't check it out! This story is so timely, there is no date on it! This story is so important, we're using lots of exclamation points! Lots!! For every message you forward to some unsuspecting person, the Home for the Hopelessly Gullible will donate ten cents to itself. (If you wonder how the Home will know you are forwarding these messages all over creation, you're obviously thinking too much.)
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