One of the first things they teach in the police academy is the “elements of an offense.” Take a set of circumstances and compare it to the penal code, when the circumstances and the penal code align you have an offense. If they don’t align you keep checking until you find a match or conclude that there isn’t a match. No match, no offense, no crime.
Even when you find a match, that just sets up the second stage. Do you have sufficient facts to prove each element of the offense. The facts could come from witnesses, physical evidence or a combination. This is police work at its most basic, guess who failed the test? Report-witnesses-migrant-smuggling-case-disappear-release-Texas-police-chief/
SAPD patrol found an tractor trailer with twelve wet backs on board. Unfortunately it was during the day shift when both the press and head press whore in charge were out wandering around. Chief McManus made the scene and despite the fact that Homeland Security was present asserted state authority. Pay attention watch the footwork here.
Chief McManus asserted that the City (State) had the authority to investigate human trafficking under the Texas Penal Code. Could be, but not under this fact situation Texas Attorney General .gov/files/cj/HT _CrimJust _GUIDE _2013 Therefore Homeland Security was not needed. The wetbacks were all brought to the police station and the truck driver was arrested. He really is every bit as stupid as I make him out to be. Chief McManus, here it comes, watch out Gene Kelly and Fred Astaire concludes the wetbacks are victims of a crime and he has no reason to hold them. He releases them all to Catholic Charities, who promptly scatters them to the wind.
Chief McManus then dumps this steaming pile of shit on his buddy the District Attorney Nico LaHood. LaHood, formerly known as a convicted drug dealer before the pardon kicked in, showed there is no honor among thieves and threw it back in McManus’s lap. Kinda hard to prosecute the truck driver with no witnesses, no physical evidence, but the Chief cares.
The Texas Human trafficking statute didn’t exist while I was working. My quick perusal of the Attorney General’s guide, that I have provided is that Texas Law did not, does not apply with the facts known in this incident. A necessary element of Texas law is to differentiate between the come one come all transporter and gangs recruiting wetbacks directly into a prostitution, sweat shop operation with unlawful imprisonment as a part of the employment.
Some men put stars on the collar and gold braid and the man and the accouterments demand respect. Other men drape themselves in stars, gold braid and gilt and manage to come off as an overdressed doorman at a second rate Mexican restaurant. Hey Chief, how is the number two dinner tonight?