Importantly, the Penal Code does not define what an “explosive or incendiary device” is, which is a big problem in prosecuting a hoax bomb case. The legislature needs to revisit this issue and make the definitions more clear. Under 46.01(2), “‘Explosive weapon’ means any explosive or incendiary bomb, grenade, rocket,…
Irving Police based their investigation on investigation of possession of an explosive weapon or hoax bomb. When it was ruled out that the item was not an explosive weapon, possession of which would be a third degree felony, the fall back statute became possession of a hoax bomb. Texas Penal…
Ahmed Mohamed recently became an international celebrity by being detained by the Irving Police on suspicion of a hoax bomb at school. Mr. Mohamed brought a “rearranged” clock to school in a carrying case which reportedly looked suspiciously like a bomb or bomb detonating device. In the post 9-11 world,…
In Coronado v. State, the Texas Court of Criminal Appeals tackled a “scope” issue in reviewing a case of a student who was attempting to leave campus during school hours. The student claimed to be going to a relative’s funeral, but the assistant principal called his family and found this…
All of us have had the experience of being called to the principal’s office. Well, most of us. Many juvenile delinquent conduct investigations begin this way, with a call and questioning by the principal, a search of a student’s locker or purse, or a pat down of a student suspected…
Section 15.02 of the Texas Penal Code makes criminal conspiracy a crime one level lower than the actual substantive offense. It states: “(a) A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more…
Thus, following the shooting, the police had the right to not only arrest any person they observed shooting weapons at others, they would have the right to conduct a protective sweep of not only the outside of the restaurant, but the inside of the restaurant for persons they believed would…
Each biker shooting at other bikers without justification could be arrested for murder or capital murder. It is capital murder in the state of Texas to unlawfully kill two people in the same criminal episode. However, none of these shooters appear to have been identified in the media. It has…
Last week, all the news circled once again around a Waco, Texas law enforcement situation. Twin Peaks restaurant was apparently hosting a “biker” day, and several motorcycle clubs were in town for a meeting of a council of clubs. One Dallas lawyer said the meeting revolved around legislative issues dealing…
However, Texas’ public lewdness statute proscribes a wide range of conduct, including the consensual touching of breasts outside the clothing in public. Sec. 21.01. defines: (1) “Deviate sexual intercourse” means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person;…