For those interested, the Texas District and County Attorneys Association posted their Brady/Michael Morton Act training materials online, as well as a list of prosecutors in compliance with new legislative training requirements under the law.
See this earlier Grits discussion of emerging issues with the Michael Morton Act, including examples of noncompliance and odd legal interpretations by some prosecutors. That post adumbrates a report published this spring on the topic and your correspondent recently recorded an interview with one of the authors, which I'll wait to post while I'm on vacation next month.
Grits make sure you find out from Harris County DA how they apply Brady to info/data obtained via Stingrays. This is the million dollar question!!!
ReplyDeleteThat is a good question. No time to pursue it right now, but will keep it in mind.
ReplyDeleteI suspect that their answer would be that for the most part they don't use such information (whether such a statement is true or not). That the device is used for locating people rather than for evidence gathering.
ReplyDeleteSoronel, someone's location can easily be part of an investigation, and certainly can be Brady/Morton material; yours is a quite generous interpretation.
ReplyDeleteLike I say I simply suspect that would be their answer regardless of whether the statement is true or not. I don't see how that is being generous at all.
ReplyDeleteSonorel the Houston police has repeatedly stated in the media that they use Stingrays only after obtaining warrants. Therefore by their own definition the devices are only used as part of a criminal investigation and should be subject to Brady. No judge would issue a warrant just so the police can track someone needlessly. Then again in Harris County ANYTHING is possible!!!
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