OSPA Offers Practically Free Traffic-Stop Training for Rural Law Enforcement
Assistant State Prosecuting Attorney John R. Messinger will conduct a 4-hour presentation covering 4th Amendment issues with a focus on traffic stops. The presentation is accompanied by a paper (distributed in advance) and includes:
∙ Historical perspective
∙ In-depth coverage of controlling law
∙ Discussion of recent cases and pending issues
∙ A quiz!
This service is for small or rural counties that do not have the resources to send officers for training. Credit can be earned with a department’s approval.
Call ((512) 463-1660) or email (firstname.lastname@example.org) John to schedule a training day for this August (August will be the only time the service is offered).
"Whether Section 33.021 of the Texas Penal Code is a content-based restriction."
Leax was charged with online solicitation of a minor. His motion to quash the indictment alleged that section 33.021 is unconstitutionally overbroad and vague. The trial court denied his motion, and Leax pleaded guilty subject to appeal.
The court of appeals affirmed. Because it determined that the statute is conduct-based rather than content-based, it applied the normal presumption of constitutionality and held that Leax had not demonstrated that it was overbroad or vague.
Leax argues that the statute is content-based because it criminalizes only communications that express a particular view on a particular subject. Had the court of appeals correctly categorized it, it would have began its analysis with a presumption of unconstitutionality that required the State to satisfy the more rigorous "strict scrutiny" test.