It pleases us to no end to see how deeply our fine TDCAA publications have penetrated the legal publications market. Here's yet another example from http://www.gritsforbreakfast.blogspot.com/, an ACLU blog:

quote:

---

Grits for Breakfast
Sunday, May 29, 2005

Written consent "preferred" by Texas prosecutor manual

Do prosecutors "prefer" SB 1195?

Official guidance given to Texas prosecutors by their professional association confirms the wisdom behind SB 1195: Written or recorded consent for vehicle searches at traffic stops should be preferred to mere oral consent. On page 57 of a manual by the Texas District and County Attorneys Association entitled Traffic Stops, Diane Beckham writes,

"TIP: Although oral consent is sufficient, written consent is definitely preferred to oral consent because it reduces the likelihood of a swearing match in court later."

Thanks for the tip. I certainly wish Ms. Beckham had found the time to testify to that effect. That's exactly the argument bill proponents made in the Legislature to support recorded consent for vehicle searches -- it wouldn't just protect drivers' rights, it would protect cases made by officers through legitimate consent searches from being thrown out later in court.

Texas prosecutors have a greater need for the certainty provided by written consent forms than DAs in other states. Reports Beckham, the U.S. Supreme Court requires officers to prove they received consent by a "preponderance of the evidence," but under the Texas Constitution officers must show "clear and convincing" evidence consent was given. That means unless officers get it in writing, Texas vehicle searches that locate contraband are even more likely than in other states to have a judge throw out evidence after the fact.

---

We were also pleased to see legislators and their staff members toting TDCAA publications into committee hearings and onto the floor for the debates on various issues of importance this session. Well done, Diane!

(p.s. - folks, don't even bother pointing out the obvious response to this blog, it's not worth the effort. But it should give you a prime example of the kind of liberties people take around the Capitol.)

[This message was edited by Shannon Edmonds on 05-29-05 at .]

It is ever more dramatically clear that I could _never_ do your job. The inhuman amount of patience that you display taking such things in stride consistently amazes me.

Thank you.