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Camp Lone Star - "Fruit of the Poisonous Tree"

Camp Lone Star - "Fruit of the Poisonous Tree"

Gary Hunt
Outpost of Freedom
February 19, 2015

 

We are all familiar, at least to some degree, with the concept of chain of evidence, Miranda rights, and the 4th and 5th Amendments to the Constitution.

Evidence has to be acquired by legal means.  A warrant is required, except under certain circumstances, to seize evidence.  So, what happens if there is an incident, whether accidental, or, perhaps, even set up, to create a situation where, by stealthy means, "evidence" is secured without a warrant, or a crime (certain circumstances) in which the evidence can be rightfully secured?

On August 29, 2014, a Border Patrol Agent, claiming that a weapon had been pointed at him, fired five shots, from about 30 feet distant from John Foerster.  Surprisingly, he missed hitting Foerster, indicating both poor marksmanship, and suggesting that the agent committed a crime, in violation of BPS policy.

Foerster, Massey, and the third member of their group, Varner, had their five firearms taken from their 4-wheel "mule", without a warrant - a violation of the 4th Amendment.  Then, without being read their Miranda rights, questioned by BPS, a local Sheriff's deputy, and an FBI agent.

From the Affidavit for a Search Warrant, item 5.

  • B. During a post-shooting investigation, two of these armed individuals were identified as Kevin Lyndel MASSEY (aka KC Massey) and John Frederick FOERSTER, and both admitted to interviewing officers of the Cameron County Sheriffs Office (CCSO) and Special Agents of the Federal Bureau of Investigations (FBI) to possessing some of the firearms seized.

From the Affidavit for a Criminal Complaint (arrest warrant):

  • 5. FBI Special Agent Caryn Chasteen and Cameron County Sheriffs Office Investigator Padilla interviewed FOERSTER. During the interview FOERSTER admitted to possessing the ZASTAVA, Model: PAP M92PV, 7.62 x 39mm pistol, SN: MP2PV005143; adding that he did not own this firearm but borrowed it from Kevin MASSEY.
  • 6. During the interview of MASSEY, by FBI Special Agent David Cordoba and HSI Special Agent Jeremy Bergeaux, MASSEY admitted to both the ownership of the ZASTAVA, Model: PAP M92PV, 7.62 x 39mm pistol, SN: MP2PV005143, and to lending this firearm to FOERSTER.

Now, in reviewing those documents, we find no claim that there was a search warrant to allow them to seize the firearms, or that Miranda rights were read to them before taking testimony.

Because of the illegal seizure of the weapons, and the illegally obtained statements by Massey, Foerster, and Varner, the subsequent Search Warrant and Criminal Complaint (arrest warrant) were secured.  If the rights of Americans are as intended by the Founders, then the invalidity of the actions of August 29 leave no lawful justification (excuse) to obtain the subsequent warrants.

If we are a nation of laws, and the "supreme Law of the Land" is the Constitution, then by what right does the federal government pretend that they can walk over the Bill of Rights, imposing hardship and expense on K. C. Massey?

Massey's attorney, Louis S. Sorola, has the same question, so he has filed a Motion to Suppress Illegally Seized Evidence and Illegally Obtained....  As he points out in the Motion,

  • The August 29, 2014 search and seizure was illegal and the evidence and statements should be suppressed along with any subsequent statements and evidence seized on October 20, 2014 as they are fruit of the poisonous tree.

The Honorable Andrew S. Hanen, United States District Court, Southern District of Texas, Brownsville Division will hear this Motion.  Judge Hanen recently ruled against the Obama Amnesty Plan, indicating a respect for both the Constitution and the fact that only Congress may legislate.

 

This article can be found on line at Camp Lone Star - "Fruit of the Poisonous Tree"

 

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Ten Commandments of Human Relations

The fundamental issue in human ethical behavior is summarized by Jesus in what we have come to call "The Golden Rule." Jesus put it this way:

So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets (Matthew 7:12 TNIV).

It asks us to test our treatment of others by putting ourselves in their place. Treat others the way you would want them to treat you in the same or similar circumstance.

Somebody took that principle and translated it into Ten Commandments of Human Relations. You may have seen this anonymous piece, for it circulates in a variety of settings. In case you have missed it, I am reproducing it here.

Speak to people. There is nothing as nice as a cheerful word of greeting.

Smile at people. It takes 72 muscles to frown, only 14 to smile.

Call people by name. It is music to anyone’s ears to hear the sound of his or her name.

Be friendly and helpful.

Be cordial. Speak and act as if everything you do is genuinely a pleasure. If it isn’t, learn to make it so.

Be genuinely interested in people. You can like almost anyone, if you try.

Be generous with praise, cautious with criticism.

Be considerate of the feelings of others. There are usually three sides to a controversy — yours, the other fellow’s, and the correct one.

Be alert to serve. What counts most in life is what you do for others.

Live with a good sense of humor, a generous dose of patience, and a dash of humility appropriate to being human.

Made in God’s image, all of us have something to be valued!

The great challenge in human experience is not work skills, but people skills. That is, research has shown that the majority of people who fail in their vocation do so because they cannot get along with people.

You might think through the meaning of these ten common-sense ideas for your own workplace and personal activity. But what about the larger setting for your daily life? These principles work everywhere you go, for they are about showing respect to the people you meet in all those places.

Made in God’s image, all of us have something to be valued, affirmed, and acknowledged by others. But let it begin with us to acknowledge it in them. As the cycle of giving and receiving enlarges, the human community comes alive.

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