Is that a Tomato Plant or Skunk Weed?

October 28, 2011
Two things came to my mind after reading the Austin Statesman article today. First, why would anyone leave their garage door open with grow materials in plain sight? Secondly, just because a police officer sees growing equipment at someone's house doesn't mean they are breaking the law. For all we know Alvin Torres was about to start up a big time tomato crop. Of course, when you see the results of the raid it is a bit embarassing that the cops didn't find enough weed to get a Halloween party high.
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Legalize and Regulate Marijuana

October 27, 2011
 Legalize and Regulate Marijuana The largest physician group in California has adopted a policy that recommends the legalization and regulation of cannabis, more commonly known as marijuana, or pot. The California Medical Association, the largest physician group in California, adopted this policy unanimously. According to Dr. Hayes, the president of CMA, marijuana needs to be regulated and better controlled “If we don’t know what’s in it we can’t do any...
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The land where the Constitution disappears

September 16, 2011
  Sounds to me like the cops did an illegal search when they stuck their big heads into the apartment. Once they broke the invisible barrier (and only then were able to see the suspected weed) they committed a search of that area of the residence.  Just like if you reach into an open window of a residence you have committed burglary. The cops need to follow the rules just like the rest of us - even in Missouri.
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Is your vehicle 'bugged' by the Police?

September 15, 2011
The story below is a frightening reminder of just how far law enforcement officers have gone in using modern technology to spy on the citizenry.  We are constantly under surveillance and finally the Supremes will decide whether or not they will continue to allow this insult to the Constitution to continue.  I have argued for years that it is a violation of our 4th Amendment Rights for a cop to attach a device to our vehicles that allow for the tracking of our movements.
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Opiates are the most widely prescribed medications for pain relief

August 31, 2011
The study discussed below supports the contention that most medical cannabis patients use the drug in order to avoid opiates.  Opiates are the most widely prescribed medications for pain relief and cause a tremendous amount of addiction problems among patients who otherwise do not use drugs. I make no bones about the fact that I would prefer that someone I love and care about have the opportunity to use cannabis instead of opiates for pain medication.
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More issues found in the crime lab of the Houston Police

August 25, 2011
Read the story below and tell me how in the world juries can feel confident in convicting someone based on the forensic evidence that is being dumped in to our Texascourt system. The terrible thing about this story is my trial attorney friends around the nation tell me they face the same thing where they are as well.  I was wondering if anyone ever studied the issue of who is being hired by the police labs.  I was thinking about the best of the best in the nations colleges; do...
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Texas juries don't play when it comes to hard drugs being transported through our State.

August 23, 2011
The reason Mr. Perez didn't go to the judge for punishment is that Burt Carnes would have given more than 60 years if past sentences mean anything. The bottom line is that you don't want to get mixed up in any of this insanity. I have represented a lot of people that were in serious trouble over cocaine possession and drug distribution. Think twice before you take a chance on a serious crime that could put you in prison for a lot of years.
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This case should be required reading for every lawyer that wishes to is is currently working as a prosecutor.

August 18, 2011
The power of a prosecutor can blind even the purest of character and turn them towards "the ends justify the means".  I used to hear a few of my fellow police officers say something like "he's done other things just as bad so he should be found guilty of this crime as well".  My true friends on the force would counter "never give away your reputation for honesty, if he's a crook we'll catch him next time".
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This story is for anyone that thinks about transporting anything in their checked airplane luggage that might get them investigated or arrested.

August 4, 2011
If this guy was going through your stuff for six months without being caught how many others are just looking through your luggage without authority.  If they aren't stealing your stuff I doubt their supervisors would object or stop them from continuing the behavior.   Just because you aren't a terrorist doesn't mean your property is safe from violations of your privacy concerns.
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Three Document Rule

April 27, 2011
I just loaded a page to this site describing what I call the "Three Document Rule." Essentially, if you are stopped by the police and they start asking you questions you should ask yourself if the answer to those questions can be found on the three documents they are legally permitted to demand from you on a car stop. The police are allowed to ask you for your driver's license, registration, and insurance card.
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