Dope Probationers Rights Upheld
The search of a marijuana probationer's car by a Texas border patrolman has been declared illegal by the Texas Court of Criminal Appeals. In the case of Tamcx v. Texas, the court decided that the search procedures used with probationers were loo broad and too sweeping and infringed upon lhe probationers' rights under the Fourth and Fourteenth Amendments. Prior to the courts decision, law enforcement officials were permitted to search the probationer's person, vehicle or home at any lime without probable cause.
The Texas appeal case stemmed from the discovery of a weapon by a border patrol officer in the car of a marijuana probationer. Texas Judges Douglas and Odom concurred in their opinions by stating thai the search of the car, based soley on the grounds that the driver was a marijuana probationer, was unauthorized and that the weapon should not have been admitted as evidence inMr.Tamez's probation revocation hearing.
Continue reading here: Supreme Court OKs Narc FrameTJps
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