Posted on 10/13/2017 6:11:28 AM PDT by bgill
Hollis Daniels, 19, was charged with capital murder in the death of Officer Floyd East Jr. inside the Texas Tech police station Monday night.
A federal grand jury on Wednesday also indicted Daniels on a charge of possession of a stolen firearm... Lubbock Police Chief Greg Stevens said officers encountered Daniels early the morning of the killing when they got a call about a stolen firearm. The gun reported stolen was a .45 caliber.While en route to the call a Lubbock police officer came across a car matching the description of the car reportedly used in the theft and pulled it over. Daniels, who was driving the car, didn't allow officers to search his car, Stevens said.
"They entertained whether or not they had enough to search it without that consent, and they did not. There was not enough probable cause to search it on its own, nor to get a warrant for the vehicle," Stevens said. "They thought there might be perhaps even drugs in the vehicle. They asked for a drug dog, but none were available. They looked at a few avenues. Ultimately, it would've been unconstitutional to search the vehicle so they released him."
(Excerpt) Read more at mysanantonio.com ...
Prayers for the policeman's family.
This guy will get the death penalty. 19 years old and ruined so many lives. I suspect this is another case of affluenza.
Or a case of just plain crazy
Victim / Murderer.....................
Daddy owns the movie theater in Seguin and was a city councilman. Kid drove an older model BMW. He had a previous record so who knows how many scrapes daddy paid off to disappear.
When being taken back in after killing the officer, he asked a cop, “Whazzup?”
The killer is in the age group for schizophrenia onset. Don’t know if he is schizophrenic, of course, but if the mother called for intervention, that suggests the guy had mental issues.
So, the murderer was searched and had no weapons on him. During booking, he was “able to access” a gun. I’m guessing policies and procedures are being looked at. So sad for the officer.
Ah - Crazy AND a complete a$$hole too. No matter how privileged you are to think you can get away with killing a cop is seriously insane.
If it matched the description of a car used in a crime they should have been able to search.
“If it matched the description of a car used in a crime they should have been able to search.”
No, that is probable cause to stop and question him, but not probable cause to search the vehicle. They would need some specific information that he was involved in the crime, or to witness some specific indication of criminal behavior (hence why they wanted to bring the drug dog in), in order to search the vehicle without a warrant once he refused to consent.
Probable cause for searches needs to be specific, otherwise, if the police get a report that a red Honda was involved in a crime, they could just get the DMV registrations for every red Honda and then go search all of them without warrants in a blanket sweep. That’s not constitutional, nor is searching just one random red Honda they see driving along, without additional reason to suspect that is the one that was involved in the crime.
Affluenza
I have a friend that as a cop just recently had to shoot a 17 year old kid throwing a temper tantrum and pulled a gun on him.
So, go ahead, parents, refuse to discipline your children. Society will just put them down.
Wounded him? Hopefully so your friend doesn’t have to live with that weighing on him. No fault of the cop but totally on the parents.
What takes this to new heights is the murderous punk asked the officer taking him back into the station, “Whaz up?” Sickening.
“Wounded him?”
No. Dead.
Well, he won’t be throwing any more temper tantrums and pulling guns.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.