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MEDIA HOTLINE AT THE COM- MUNICATIONS DIVISION. SIMUL- TANEOUSLY, THIS SAME INFOR- MATION WILL BE MADE AVAIL- ABLE TO ALL NEWS MEDIA REP- RESENTATIVES IN THE POLICE PRESS ROOM. ANNOUNCING A DWUDRIVERS LICENSE CHECKPOINT OPERATION: I. A SUPERVISOR WILL SUBMIT A DWUDRIVERS LICENSE CHECK- 'POINT OPERATIONAL PLAN WHICH WILL INCLUDE: A. TIME, DATE AND LOCATION OF THE PROPOSED OPER- ATION - - - - . . B. NAMES OF PERSONNEL CON- DUCTING THE OPERATION. C. PURPOSE OF THE OPERA- TION, STATING THE PROB- LEM. D. GOAL 2. AT THE CONCLUSION OF THE OPERATION THE SUPERVISOR WILL COMPLETE THE "OPERA- TIONAL PLAN" FORM BY LIST- ING THE FOLLOWING INFORMA- TION IN THE APPROPRIATE SPACES: A. TOTAL TIME EXPENDED AT THE OPERATIONAL SITE. B. APPROXIMATE NUMBER OF MOTORISTS CHECKED. C. NAMES OF OFFICERS WHO ACTUALLY PARTICIPATED. D. ENFORCEMENT TAKEN. THIS COMPLETED REPORT OF THE OPERATION WILL BE SUBMIT- TED TO THE COMMANDER OF THE INVESTIGATION AND ENFORCE- MENT SECTION IU. POSITIONING OF VEHICLES: A. TWO POLICE VEHICLES WILL BE PARKED WITH ACCESS TO THE ROADWAY TO BE USED TO PURSUE MOTORISTS WHO AT- TEMPT TO AVOID THE CHECK- POINT. (ONE PURSUIT VEHICLE PARKED IN EACH DIRECTION) B. A LOCATION OFF OF THE ROADWAY WILL BE DESIG- NATED FOR OTHER POLICE 24 VOICE for the Defetrse I November 1987 VEHICLES TO AVOID INTERFER- ENCE WITH THE OPERATION. C. A LOCATION (USUALLY A BAR- RICADED OUTER CURB TRAF- FIC LANE) WILL BE DESIG- NATED FOR VEHICLES WHOSE DRIVERS ARE TO BE ISSUED CITATIONS. THIS LOCATION MUST NOT INTEREERE WITH TRAFFIC FLOW. D. VEHICLES DESIGNATED FOR PRISONER SECURITY WILL BE PARKED TOGETHER OFF OF THE ROADWAY. (ALLOWING ONE OFFICER TO MAINTAIN PRISONER SECURITY .) E. A LOCATION FOR PRISONERS VEHICLES WHICH ARE TO BE IMPOUNDED WILL BE SE- I.liCTI!I) WHICH WlLL PREVENT WKECKERS FROM IN'I'I!KI'IiK- ING WI'I'H THli OPERATION OR TRAFFIC FLOW. INITIAI'IN(i AND OPERATING A IIWI IDRIVERS I.ICI!NSI< CHECKPOINT A. CHECKPOINT OPI!KA'l'lONS WILL NOT BE INITIALED WITH- OUT A SUPERVISOR PRESENT. B. THE SUPERVISOR WILL NOTIFY HIS POLICE DISPATCHER OF THE LOCATION OF THE OPERA- TION AND ELEMENTS PARTICI- PATING. IF THE LOCATION IS IN ANOTHER RADIO CHANNEL AREA, BOTH DISPATCHERS WILL BE NOTIFIED. c. SIGNS ANNOUNCING THE OPER- ATION WILL BE ERECTED ON BOTH SIDES OF THE STREET AP- PROXIMATELY 3W FEET FROM THE CHECKPOINT SITE. THE SIGNS WILL BE 24' BY 24" REFLECTIVE LE'M'ERING. ROAD FLARES WlLL BE USED FOR LIGHTING AND TO HELP IL- LUMINATE THE SIGNS. D. ROAD FLARES WILL BE PLACED MARKING LANES TO BE CHECKED AND LANES TO BE BARRICADED. E. OFFICERS WILL BEGIN THE OP- ERATION BY STANDING IN A SAFE POSITION AT THE CURBS AND SIGNALLING THE FIRST APPROACHING VEHICLES TO SI'OI', AND IiNTliK THli STREW '1'0 CONTINIJE TIIE OI'EKATION ONLY AFTER THE FIRST VE- HICLES HAVE STOPPED AND A SLIGHT "BACKUP" IS AT- TAINED. F. QUESTIONING IN THE TRAFFIC LANES WILL BE CONFINED TO APPROXIMATELY 15 SECONDS. QUESTIONS: 1.MAY I SEE YOUR DRIVERS LICENSE? 2.MAY I SEE PROOF OF LIABILI- TY INSURANCE? IF THE DRIVER'S ANSWER IS NO, THEN HE IS DIRECTED TO MOVE HIS VKHICLI! TO I'HK S11W OPTHE ROAD WIIERE HE WILL BE ISSUEI) A CPI'KI'ION. IF A DRIVER APPEARS TO BE INTOXICATED, THE DRIVER WILL BE REMOVED FROM THE VEHICLE AND ESCORTED OUT OF THE STREET. THE VEHICLE WILL BE DRIVEN OUT OF THE STREET BY AN OFFICER OR PUBLIC SERVICE OFFICER. THE OFFICER WILL ASK THE DRIVER THE FOLLOWING: 1. HAVE YOU BEEN DRINK- ING AN ALCOHOLIC BEV- ERAGE? 2. ARE YOU TAKING MEDICA- TION OR USING DRUGS? 3. WILL YOU SUBMIT TO A FIELD SOBRIETY TEST? G. IF EXCESSIVE TRAFFIC BACKUP OCCIJRS (TKAI'I'IC BACKlil) IJP IN I;XCI:SS . ~. OF .- 300 .~~ FEKr OR .-~~ MO- . TORISTS ARE BEING DELAYED BY THE TRAFFIC BACKUP LONGER THAN 5 MINUTES), THE SUPERVISOR AT THE OPER- ATIONAL LOCATION WILL TEM- PORARILY SUSPEND THE OPERATION. OPERATIONS WILL BE RESUMED AFTER THE BACK- UP PROBLEM IS ALLEVIATED. H. VEHICLES WHICH ATTEMPT TO AVOID THE CHECKPOINT WILL BE PURSUED PROVIDED IT IS APPARENT THAT A REASON- ABLE PERSON IN THE DRIVER'S POSITION WOULD HAVE HAD NOTICE OF THE NATURE OF THE CHECKPOINT. IN DETER- MINING WHETHER SAID DRIVER HAD NOTICE OF THE CHECKPOINT THE OFFICER
SHOULD CONSIDER FACTORS SUCH AS BOTH THE DISTANCE AND THE VISIBILITY OF BOTH THE ACTUAL CHECKPOINT AND SIGNS. THE OFFICER WILL ASK FOR MOTORISTS DRIVERS LICENSE AND FOR HIS PROOF 01' LIABIL- 1I'Y INSURANCli. THE OFFICER WILL DISCUSS THE TRAFFIC LN THE COUNTY ClUMlNAL COURT NO. 4 DALLAS COUNTY, TEXAS THB SThTH OF TBXAS * VS. * NO. 00-11111-E * JOHN DOE UNAUTHORIZED DISSENTING OPINION In accordance with the trappings of our trade, under the circumstance of dissent, it is appropriate to heap praise upon the learned majority. This task is easily ac- complished, given the benefit of this writer's fondness and deep respect for the lovable and rosy cheeked jurist-the target of this dissent. Having built this platform of respect, the writer is now free to proceed to attempt to ax the majority opinion in this cause. This is a difficult chore for his posture is akin to that of Humpty Dumpty, "When I use a word. it means iust what I choose it to mean-neither more nor less." Yet, having recently resigned as Manager of the Universe (at which time the writer engaged in Lhc scttlcment of international, constito- tional. and vurious barroom disnutcs). thc write; feels well equipped to'fear~ekly proceed. It would almost appear from the opinion that counsel for the defense had failed to raise the simple objection: the arrest and detention was done without statutory authority under the laws of Texas, the stop being illegal, the Motion to Suppress must be granted. While one might speculate that such objection could be raised by merely walking into the courtroom, we need not dally long on the matter, for the majority in its opinion raised the issue! On page 2, VIOLATION AND DURING THE CONVERSATION, DETERMINE IF THE MOTORIST IS INTOXI- CATED. TERMINATING A DWIIDRIVERS LICENSE CHECKPOINT OPERA- TIENL A. SIGNS AND ROAD FLARES WILL BE REMOVED FROM THE ROAD- WAY. Unauthorized Dissenting Opinion by Emmett Colvin B. THE SUPERVISOR WILL ADVISE THE POLICE DISPATCHER(S) THAT THE OPERATION HAS ENDED. C. OFFICERS INVOLVED IN AR- RESTS WILL SEARCH THEIR PRISONER'S VEt2ICLE PRIOR TO IT BEING IMPOUNDED. D. OFFICERS MAKING ARRESTS WILL REPORT TO THE JAIL AND PROCESS THEIR PRISONERS. paragraph 2, we find, "Therefore, with- When the roseate cheeked court, in its out the benefit of a warrant of arrest nor opinion, referred to a friend of court brief any statutory authorization to justify the prepared by a young and handsome local stop, . . . ." Being obviously enamoured lawyer, it must be pointed out that the brief with the excitement of deciding much was not all that "friendly." Tiring at this broader questions, the majority does not point, the writer will not refer to the cita- pause to answer the obvious question posed tions therein and will rely primarily on the by the quoted remarks-he then does a laymans view of the law. judicial NO NO and proceeds to unneces- Unlike the esteemed jurist in the ma- sarily resolve some preconceived constitu- jority, the writer is quick to point out that tional question. The jargon found in the he can be bought off. cited cases is interesting although irrev- elant. The fundamental-matter that is ig- Emmett Colvin nored is this-neither the Supreme Court Judge Per Curiam of the United States, federal courts, or sister jurisdictions have the power to tell PUBLISH (Among clubs, pubs, learned officers in the State of Texas when to make and unlearned judges and lawyers, and all an arrest. Their force, if any, is a negative others without discrimination, and to those one. In short, there is no constitutional firm believers in the Cedar Hill common question to he resolved in the premises. law.) - - ~ -- ~~ -- ~- ~~- ~p~ i i i Frank Maloney Installed as President of NACDL 1 Frank Maloney, an Austin, Texas criminal trial lawyer was installed as the 29th ; President of the National Association of Criminal Defense Lawyers during the 1 Association's annual convention in Snowmass, Colorado. An NACDL member since 1 1970 and a board memhkr since 1972, Mr. Maloney has sewed on many of the Asso- ciation's committees, including the Lawyers' Assistance Strike Force. Continuing Legal Education, Amious Cutiae and Publications. He has prepared and presented testimony on NACDL's behalf before the U.S. Senate. Mr. Maloney is also a member I of the Travis County, Boston, Massachusetts and American Bar Associations as well as a member of the American Board of Trial Advocates, the State Bar of Texas, / the Texas TriaI Lawyers Association and the Texas Criminal Defense Lawyers I Association, of which he served as President in 1971-1972. From 1956-1960 Mr. Maloney'was an Assistant District Attorney in Travis County, Texas. From 1961-1962 he was an Assistant Attorney General, Chief Law Enforcement Division in Texas. Since 1962 he has been in private practice in Austin and has been an adjunct professor of law at theuniversity of Texas School of Law. FrankMaloney was born and raised in Worcester, Massachusetts. His undergrad- uate and law degrees are from the University of Texas. - - - November 1987 1 VOICE for the Defense 25
Page 1 and 2: ' Dane Whitworth. David Sheppard, R
Page 3 and 4: President's Report Should We or Sho
Page 5 and 6: David A. Sheppard obtained his J.D.
Page 7 and 8: set in pan or in whole he casts of
Page 9 and 10: H.B. 2575 writinz. If rhe murf d c
Page 11 and 12: taken outsidethemuttroom and he rec
Page 13 and 14: adopted by the health care agency o
Page 15 and 16: The DWI Roadblock Dilemma An Explic
Page 17 and 18: cause because the DWI iquad was aga
Page 19 and 20: that warrantless arrests in this St
Page 21 and 22: solely from thelips of the officers
Page 23: ests are being made. Potential viol
Page 27 and 28: COURT OF CRIMNAL A P P E A L S Alex
Page 29 and 30: ARREST -- WARRANTLESS -- PROBABLE C
Page 31 and 32: 2. Would D confined without bail be
Page 33 and 34: Melvin Edward BUTLER, No. 1063-83 -
Page 35 and 36: Preparing the Record co~rlinuedfmm
Page 37 and 38: . . I. I. After submission, if it a
Page 39 and 40: The Sex Offense Laws The Texas Pena
Page 41 and 42: it was noibeing offered to prove th
Page 43 and 44: difficulty of obtaining a convictio
Page 45 and 46: En Garde: The State's Rebuttal "Onc
Page 47 and 48: Another possible remedy may he to p
Page 50 and 51: On August 21, 1987, the Court of Ap
Page 52 and 53: Juan C. Duran 3103 Bee Cave Rd., a2
Page 54 and 55: Dale A. McCleary 310 N. Mesa, 3rd F
Page 56 and 57: Ray Velarde 10i3 Montana El Pasa, T
Page 58 and 59: Sometimes keeping this column going
Page 60: I ! TEXAS CRIMINAL DEFENSE LAWYERS

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