Dan - Illegal (unlawful/unconstitutional) searches happen all the time in Texas and throughout the US. Most anytime you read about a drug conviction that is thrown out, or overturned on appeal, it is due to the fact that evidence was seized illegally. Once that evidence is not allowed to be introduced into court that is
usually the end of the case. Charges are dismissed and the citizen is allowed to go free.
Just like there is a tremendous amount of leeway given to LEOs in Texas regarding whether we choose to arrest someone regarding a crime, there is a similar amount of leeway provided regarding LEOs that violate arrest, search, and seizure laws. Not only does it protect them it also protects their agency and governing body (city, county, or state). They would have to had shown an intentional disregard for the law by knowing what they did was illegal yet chose to do it anyway. Or, perhaps a repeat occurrence of the same act.
Just like the news story that started this thread - an officer's actions can be deemed wrong yet they weren't arrested or charged with anything. Now if they were to go out and repeat this exact same act again that would probably be a different story since they would have known their actions were wrong.
Side note: I'm sure the state will appeal this judges ruling in the matter. Even if they don't this ruling will not be considered "case law" and thus held up as a legal guideline. Case Law is based upon a ruling from an appeal court.
Not sure about your comment regarding "taking it like sheep". My interpretation of that would be if one just rolled over and never stood up for what they believed was an injustice. That's not what I wrote and surely not what I meant. If one believes that they received a traffic ticket, parking fine, code violation, or some other type of citation that they didn't deserve, then by all means "fight it in court". If someone believes that they were wrongly arrested then by all means "fight it in court". I don't recommend that you fight it with the officer that is issuing the citation or arresting you. You will have a whole new set of problems to deal with.
Regarding your last comment - most every department or agency has Internal Affairs detectives that will investigate whether policy or procedures have been violated. Our department has a Public Integrity Unit that investigates criminal violations by any city employee. Our District Attorney's office also has a Public Integrity unit that investigates and prosecutes criminal violations by any governmental employee located within that county. The AG's office can assign special prosecutors to investigate criminal matters. The FBI and US Attorney will also investigate and prosecute criminal activity. The bottom line is that there are plenty of checks and balances to oversee the behavior of LEOs.
Now the most important one is the fellow LEOs that work with what some might refer to as "bad apples". Let me assure you that most LEOs don't want to work around, with, or anywhere near these types of individuals. They understand that the actions of one of these people could smear the good name and hard work of all the other officers on the department. These people usually quit, are run off, or end up hanging themselves by their actions. LEOs are human beings and as such are not perfect and will make mistakes. There are always going to be issues but at least there are systems in place to deal with them.
I hope this addresses your questions and concerns.
Also, I joined this forum to learn about CHL matters and to read about questions or concerns that people might have regarding them. If there is something that I can add that will help people out then I will try to do so. My intention was never to "represent" all LE or even all the LEOs in my department. I can really only share my viewpoints and experiences.
Our criminal justice system is comprised of many facets, not just LEOs. The prosecutors, judges and juries wield the ultimate decision as to how matters will be decided. And let's don't forget our legislators and the role that they play.
Now I know what txi meant when he posted:
Heehee, I agree 100%, but put on your fire proof suit.
