OUTRAGEOUS: Texas Police Can Now Obtain Search Warrants Based On ‘Prediction Of A Future Crime’

[1StrongBlackMan]

12. Having read only the article ...

but not the Court's Opinion ... I'd say the Court's ruling is correct with respect to the exclusionary rule. This isn't about "predictive policing" at all ... there was nothing "predictive" about the defendants being in possession of the drug-making materials.

The dissenting judge's focus on the confidential informant's use of the words "fixing to", misses the rule. I suspect the court had evidence that the CI actually observed the drug making material; thereby, providing the independent source.

However, the defendant should have argued (and maybe they did) that the drug making material still should have been excluded because the warrant was invalid due to "the clear evidence (based only on the article's account) of police misconduct." The defense should have argued: against the credibility of the CI, as the police clearly did not trust him/her, or they wouldn't have had to go in without a warrant. Then, attack the independent source doctrine by attacking the credibility of the CI and the police by arguing: if the CI actual had observed the drug making material, the police could have/should have been able to get the search warrant on that basis, and would not have had to go in, conduct the search ... then seek the warrant, while covering up their initial search.

The only "good" thing that will likely be the result of this is those officers will never, again, be able to get a search warrant from the judge to signed the warrant. Judges are funny that way ... they have very long memories, get caught lying to them, once, and you will never again be trusted.