Need serious advice please read

[justalayman]

so, what did the ex tell the cop to get him to walk around your house and peek into your window? Even a dumb cop knows that is not allowed without some justification so, unless this ex had some seriously compelling claim, the cop would have simply knocked on the front door.

 

[medic5]

the report says that she told the cops that there was an older guy f**king a little girl and that she could show them.she said this exact phrase on the 911 call she made after looking through the window. so she took them to my backyard and they crouched down to peek through the blind. they then asked her if she was sure she was underaged she said yes, they asked her how did she know? she said shes known the girl for a long time. this is all that happened.

 

[InsaneJane]

How long till she turns 18?

 

[medic5]

the legal age in texas is 17. so she needed like 10 months to go.

 

[medic5]

So can someone elaborate 38.23(a) of the texas CCP? Can it be used in my favor in the suppression phase?

 

[FlyingRon]

So can someone elaborate 38.23(a) of the texas CCP? Can it be used in my favor in the suppression phase?

It's the exclusionary rule as it applies to Texas.
It can only help if you can show that the evidence was collected in violation of the Constitution or other Texas law.

You've indicated NOTHING of the sort. Your entire scenario (real or imagined) is entirely within Constitutional guidelines as we've already told you. The cops can't usually spy on you, but the girl friend, acting independently can certainly alert them to the RAPE occurring. Everything the cops did from rapping on your window on was legal.

 

[cyjeff]

Again...

The police MUST investigate a crime reported to them. They do not have to wait until after you are done to ask you about it.

Police are going to try to STOP a crime in progress.

You can worry about the crime pressed against your ex all you want.... but you were still found raping a little girl.

Do you really believe that a "No Trespassing" sign will keep the police from investigating a crime?

I would think you need to worry about your own case.

 

[justalayman]

It's the exclusionary rule as it applies to Texas.
It can only help if you can show that the evidence was collected in violation of the Constitution or other Texas law.

You've indicated NOTHING of the sort. .

actually he has. He stated the ex GF trespassed to obtain the information that he was having sex with the girl. If not for her trespass, she would not be able to have knowledge of the actual (as another put it) schtupping was taking place. I do not see how that does not fall within the exclusionary rule.

 

[CdwJava]

I suspect the state will argue an exigency here and that the officers were acting on good faith when they followed her and peered into the house. It is iffy, but I am not aware of the status of the law in TX so it may not fly.

I suppose you will find out what happens when your attorney files a motion to suppress.

 

[Zigner]

one more question. maybe someone can break it down for me

38.23(a) points at evidence illegally obtained my officers or private citizens.
well my ex didnt obtain the evidence but rather she violated my expectation of privacy by peeking through the window blind after stepping onto my property.

does this take away 38.23(a) since she didnt gather evidence?

In a nutshell - what your ex did was illegal. You may have a civil tort action action against her and you could report her for the crime of trespassing.

The police gathered their own evidence legally, based upon the report of the in-progress rape of a child.

There are others in this thread who seem to think that raping a child is ok...I do not.

 

[cyjeff]

Let's look at this another way.

You suspect your neighbor has killed his wife because you just heard the scream.

You run over an look in the window to see him brandishing an electric knife and screaming, "Time to cut the turkey".

You call the police. The police come and stop him just before he removes her wishbone.

Should the police have called first? Waited until they had independent confirmation or, instead, tried to STOP THE CRIME IN PROGRESS.

Geez, people. We are talking about the rape of a child here. If there is a police officer in the country that wouldn't react immediately to a report of child rape by investigating, that officer should have their badge removed.

 

[justalayman]

There are others in this thread who seem to think that raping a child is ok...I do not.

I have not seen anybody even suggest that raping a child is OK. Regardless of how heinous a crime is, as US citizens, even if it allows a guilty person to go free, we must demand that the laws and established processes be followed. If we don't, we simply have a criminal catching a criminal. Where do you draw the line? Currently, it appears Texas has drawn the line at not allowing illegal gathered evidence to be used to prosecute a person.

The police gathered their own evidence legally, based upon the report of the in-progress rape of a child.

actually, based on the facts presented, the question of the legality of the police search has not been established. The Texas statute concerned is quite clear in it's statement. If that statute is held, the police did not obtain their evidence by legal means.

=cyjeff;2565326]Let's look at this another way.

You suspect your neighbor has killed his wife because you just heard the scream.

but there was no scream. If not for the trespass, ex GF would not have knowledge of the act. Obviously a scream brings in exigency. Unless OP and rape victim were hooping and hollering with screams of passion, there was no event to trigger exigency.

Geez, people. We are talking about the rape of a child here. If there is a police officer in the country that wouldn't react immediately to a report of child rape by investigating, that officer should have their badge removed.

We aren't talking about if the officer should have acted differently, we are talking about the legality of the search.

and even with that, yes, I do believe the officer should have acted differently. He should have knocked on the front door instead of the window on back of the house.

 

[medic5]

Whoever thinks im a rapist i assure you that i am not. This was my girlfriend and it was consensual although state law says different. The same state laws that dont have a muderer registry but makes a drunk guy who takes a leak in a bush outside his house register for life as a sex offender. Ya if this makes me a rapist then by all means stone me.

Other than that this was my ex girlfriend who had already been told to stay off the property. She was verbally warned and still did it. This constitutes criminal trespass. If you were to allow this then basically you are saying its ok for anyone at any given time to walk up to peoples houses and have a peek to make sure they are living legal? I mean really?

Also there is a case that people keep referring to called Brown Vs State but i cant find it. It was a texas case i think.

 

[justalayman]

medic5;2565457]Whoever thinks im a rapist i assure you that i am not. This was my girlfriend and it was consensual although state law says different.

semantics.

Ya if this makes me a rapist then by all means stone me.

the fact the girl could not legally consent to the sex is why people are calling it rape. So, no consent= rape.

If you were to allow this then basically you are saying its ok for anyone at any given time to walk up to peoples houses and have a peek to make sure they are living legal?

then, as you have been told many times: have your lawyer file a motion to suppress the search. Let us know how it comes out.

Also there is a case that people keep referring to called Brown Vs State but i cant find it. It was a texas case i think.]

maybe one of the other guys can find what you are looking for from that. I would need more to be able to find it.

 

[StevenJ_420Law]

I believe that you are talking about

460 US 730 Texas v. Brown | Open Jurist

the part of your story that gnaws at me is the officer asking that girl "are you sure she is under age" .. the search was already ongoing at that point and the officer is still unsure if there is even a crime underway as he is sneeking around the bushes in the back yard with some peeping tom as his only witness.

Who knows, your case may actually have precedent potential. You could be famous!