Probable Cause in Waco?

WHAT WACO COURT CONSIDERS PROBABLE CAUSE

from Rogue and Bill Bish

Against much case precedent, the Waco court has concluded that alleged membership in an organization that law enforcement labels as a gang is sufficient to establish probable cause for an arrest for organized criminal activity even if there is no evidence showing involvement in criminal activity.

“Department of Public Safety Lt. Steven Schwartz, a 17-year department veteran, testified at the morning hearing that William and Morgan English wore patches that identified them as members of a group called Distorted. Another patch identified them as members of a support group for the Bandidos, which Schwartz said has been identified as a criminal street gang.

He said he thinks the Englishes were aware of the rift between the Cossacks and Bandidos and they were there that day as a show of support for the Bandidos.”

“Schwartz said they wore patches that said they support the Bandidos, so that tells him they are at least “somewhat involved in criminal activity.”

He said he saw nothing that day and has developed no subsequent evidence to show the Englishes are involved in criminal activity.” (see Waco Tribune)

Notice the defendant’s knowledge of tensions helped establish probable cause. But consider the fact that knowledge of alleged tension between these clubs in Texas was common and even reported by the media. Knowledge of a rumor on the street or in the media is now sufficient to determine participation in organized criminal activity?

– Read the rest here.

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