Criminal Defense |
Before becoming a lawyer I worked at the Texas Department of Criminal Justice, Institutional Division (Formerly TDC) and the Texas Board of Pardons and Paroles.
I have represented clients in the Municipal, County and District Courts in Harris County and other counties in the State of Texas. I am also licensed in the United States District Courts of the Southern District.
The cases I have tried to a jury include Murder, Attempted Capital Murder (Juvenile), Burglary, Sexual Assault, Driving While Intoxicated (3-all NOT GUILTY), Criminal Mischief, Drug Possession, Unauthorized Use of Motor Vehicle, Criminal Trespass, Disorderly Conduct, Marijuana Possession, Assault, Traffic Offenses.
My Concerns About Constitutional Protections Disappearing |
Criminal defense lawyers in this era are the last fighters against the erosion of basic citizen rights formerly recognized under the constitutions of the State of Texas and of the United States of America.
UNITED STATES CONSTITUTION Amendment IV (1791) |
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Texas ConstitutionArticle 1 - BILL OF RIGHTSSection 9 - SEARCHES AND SEIZURES |
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
It is my belief that modern appellate courts
have whittled away these protective constitutional clauses to
the point where the average person (I'm not talking about the average CRIMINAL
here!) is not secure against unreasonable police intrusion into his or her person,
home, papers or effects. If police have the unbridled power to ARREST citizens
for ANY "law violation," regardless whether the ultimate
punishment is a fine only, (light out on license plate, tail light out,
failure to initiate turn signal within 100 feet of intersection, no
safety belts,
pedestrian in roadway etc.) and then use the arrest event as a "legal"
reason to conduct a search for contraband, then WHAT'S
NEXT? Unfortunately, the law is presently JUST THAT.
Officers are empowered to oppress any who dare mouth off or otherwise fail to
SUBMIT, or anyone the officer has a "hunch" might be carrying drugs or
other contraband. (WITHOUT PROBABLE CAUSE) The
United States Supreme Court
(Be careful when
driving in Lago Vista!)
Presently, in
TEXAS, police may arrest a citizen for any of the above listed OFFENSES. (All
of which are punishable by fine only.) The
77th Texas Legislature addressed the issue in Senate Bill 730, which
would have required peace officers, in most cases, to issue a citation for misdemeanor
offenses punishable by fine only. Governor
Rick Perry vetoed the bill! During
the 78th Texas Legislature Senate Bill 1597 was passed. AN
ACT relating to policies by law enforcement agencies regarding the arrest
of persons for certain offenses. BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS: SECTION 1. Chapter 14, Code of Criminal Procedure, is
amended by adding Article 14.07 to read as follows: Art. 14.07. LAW
ENFORCEMENT AGENCY POLICIES ON ARRESTS WITHOUT WARRANT. (a) Each law
enforcement agency in this state shall adopt a detailed written policy
relating to the arrest of persons without a warrant for misdemeanor
offenses, including traffic offenses, that are punishable by fine only.
(b) The policy adopted by the law enforcement agency must: (1)
clearly describe the circumstances in which a peace officer of the law
enforcement agency is authorized by the law enforcement agency to make a
warrantless custodial arrest of a person for a misdemeanor offense that is
punishable by fine only; and (2) provide for a review of each
warrantless custodial arrest of a person for a misdemeanor offense that is
punishable by fine only by the immediate supervisor, if any, of the
officer making the arrest. (c) Article 38.23 does not apply to
evidence arising out of an arrest made in violation of a policy adopted
under Subsection (a) or where an arrest is made in the absence of a policy
required to be adopted by this article. SECTION 2. A law enforcement
agency required by Article 14.07, Code of Criminal Procedure, as added by
this Act, to adopt an arrest policy shall adopt the policy not later than
January 1, 2004. SECTION 3. This Act takes effect September 1, 2003. Governor
Rick Perry Vetoed THIS Bill! More
Scary Stuff You
can now be stopped and arrested for having a license plate frame over your
plate. My defense in any criminal case will begin with an inquiry into whether
the accused was detained, searched or arrested ILLEGALLY. There are still
a few judges (and JURIES) who recognize and will not sanction the abuses of police. Thoughts
"These, I protest, are not mere second-class rights,
but belong in the catalog of indispensable freedoms. Among deprivations of
rights, none is so effective in cowing a population, crushing the spirit of the
individual, and putting terror in every heart. Uncontrolled search and seizure
is one of the first and most effective weapons in the arsenal of every arbitrary
government. And one need only briefly to have dwelt and worked among a people
possessed of many admirable qualities but deprived of these rights to know that
the human personality deteriorates and dignity and self-reliance disappear where
homes, persons and possessions are subject at any hour to unheralded search and
seizure by the police." My phone number is easily remembered as 713 CALL WEBB in Houston, and my email address
is
lawyerwebb@aol.com
Brinegar v. United States, 338 U.S. 160 (1949)
(Jackson, J., dissenting)
Supreme Court Justice Anthony M. Kennedy, June 23, 2004.
Milton Friedman, winner of 1976 Nobel Memorial Prize for economic
science
Jack Cole, Retired undercover police officer