17 December 2008

More on the Faking Probable Cause in Texas

Previous Posts:
Police Faked With False Grow House
What Crime in Faking Probable Cause?

(1) "So, is it illegal to make it appear *I* may have committed a crime to expose the crimes of another? Maybe the laws you cited were meant to keep people from "framing" others so those others are not falsely arrested or convicted? Wouldn't this be similar to where the police pretend to sell stolen property to catch a potential thief?"

(2) "There would be no attempt to commit the crime of growing marijuana because the Kopbusters were only attempting to grow Christmas trees?"
Let's answer #2 first: Nope, can't charge someone with attempting something they didn't attempt.

On to the questions in #1: It's not really a crime to make it appear as if you have broken the law unless you are doing it "with intent to affect the course or outcome of the investigation or official proceeding." This probably means that the statute only applies if you do it in a manner meant to mislead officers or a court. Technically, police pretending to sell stolen property to a fence could fall under this statute, because it is meant to influence a court, but it will never be prosecuted. The statute may be broad enough to encompass that behavior, but what prosecutor is going to decide that's the intent the State legislature had when it passed the statute? Finally, the purpose of the statute could be several things. I think the anti-framing purpose is pretty clear. As well, the statute's intent is probably to keep someone from manufacturing evidence that would deceive others into thinking she was not guilty. Finally, the statute means to keep law enforcement from wasting time and resources.

Look for another post about this subject at about 1:30 pm.

1 comment:

Donte Russo said...

Remember it is OK for the police to lie, during an investigation in some instances, i.e. undercover operations a police officer would be in a hell of a disadvantage if he/she was to have to say when asked are the police, "Yes I am" would that not be be detrimental to preventing crime? The U.S. Supreme Court said it would. I do not have the case in front of m e now but when I find it I will add it.