Game Wardens & The 1st Amendment

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Episode Transcript

(00:01):
Time to bury the tired narrative,tired narrative and uncover stories not typically heard,
but stories that need to be heard, right or wrong, life or
death. This isn't your typical lawshow. This is Big Angry Law with

(00:23):
Charles Big Angry Adams on kPr ZN Now Charles Adams. Well got avening,
Ladies and gentlemen, Wednesday night,three nights in a row. You're
welcome. I'm actually doing my jobthis week, and I apologize for all

(00:46):
the missing, but thank you tothe great many, almost said the few,
but the great many that still tunein for the original content and oftentimes
the reruns. I truly appreciate abunch of stories that I need to talk
about. But we're going to beginthe day talking about my day because narcissism

(01:10):
and self interest not really. AsI've discussed, I am in the process
of shuddering my criminal defense practice.It just does not. You've got to
be passionate, and I was passionatefor so many years, most vocally on
pushing back against what I thought thedisparate impact of the drug war on drug

(01:37):
users, not narco terrorists, butthe people who were looking at felonies and
a life ruined, robbed of opportunitybecause of a mistake of momentary weakness or
an addiction. And now those arethe exceptions, not the rule, in

(01:57):
the grinding years of our criminal justicemachine. And I have other things going
on, so many other things.I am what they call overemployed, probably
from growing up without money and theother things that I do. I am
more passionate about I've got. Andusually i'd run about two hundred criminal cases

(02:19):
at a time. Sometimes when Ihad more staff, when I had a
couple lawyers working for me, itwould be three hundred and three fifty.
Very lucrative business, but it's somethingthat you have to work twenty four to
seven. I'm down to maybe fifteencases, and I am debating whether I

(02:39):
refund the money or finish them outbecause I don't have ass anything. But
today I was set for a andI tell the story because I want people
to understand, despite my on wewith it. It is very very important

(03:00):
for both our criminal justice system andfor this grand experiment to have advocates for
the accused. While I equally thinkthat prosecutors are incredibly important and do not
demonize them as many defense attorneys do, and commercially you. Prosecutors seem to

(03:23):
hate defense attorneys, not all ofthem, but a nice decent chunk until,
of course, they become one.I had a conversation last week in
court with a former, a longtimeprosecutor who was both rabid at times didn't
considerate, and a rabbit about thingshe shouldn't be rabbit about. And now

(03:46):
he is an equally rabid defense attorney, and I wanted to point out the
irony. I did not don Ithing toech. So today this afternoon,
I was set for a motion ofsuppress, which is basically a constitutional argument
that evidence should be excluded because itwas obtained in violation of the United States
Constitution. Now we did not endup having that hearing because the elected district

(04:13):
attorney of that county and I hada conversation and he agreed to a pre
trial diversion for my client. Now, my client was accused of boting while
intoxicated. It was a holiday weekendin the fall, and he had encounter
with Texas game wardens. Some ofthem are apparently far more fragile than I

(04:34):
understood, but all of them,when in the context of investigating violations of
gaming laws are not gaming of gamelaws, not gambling, hunting and fishing,
and more importantly, the safety ofvessels on the water. The the

(05:00):
Fourth Amendment restrictions are incredibly reduced.And this is on a state by state
basis, but in Texas they're almostgone right that a game warden can stop
a vessel and inspect it basically asafety inspection, without any problem, cause

(05:23):
they don't even need reasonable suspicion.They don't have to articulate a y other
than well, I'm making a safetycheck. And that is typically the predicate
to voting under the influence or votingwell intoxicated charges, And in this scenario,

(05:44):
that is what the game warden's identifiedas their reason for stopping the vessel.
But as I've always said, bodycams protect good cops from bad people
and good people from bad cops,and sometimes it just protects people's constitutional rights
in the gray area. And inthis situation, after stopping my client's boat,

(06:11):
we're a good four minutes into theencounter, one of the wardens game
wardens Texas game wardens says to aman on the boat, is there a
reason why you flipped us off?When we went by the passenger responded,
I didn't, and it mind you. Everyone on this boat is my age,
a little bit younger, a littlebit older, and they are all

(06:34):
gainfully employed, a chemical plant,a good salt of Texas people, no
criminal history, and not the kindof people that are giving the finger to
law enforcement. The pastor says,I didn't. Game war reprise, Yeah
you did. Dang sure did.He saw it, and I saw it.

(06:56):
That's why we pulled you over.When he's saying he saw it,
he's saying the other game warden,the passenger on the vessel replies, I
don't think so. I might havethrown you the deuce. If I did,
I'm sorry my client. The driverof the boat. The owner of
the boat says, we respect gamewardens. The game warden replied, I
just want to know what we didto deserve to get flipped off. Passenger

(07:20):
replies again, if I did that, I apologize, But I don't think
I did it. I just thoughtI chunked deuce. Well, me and
him both saw you. The gamewarden stabs back, and my client goes,
again, hey, I promise youhe did not do that. Now,
the other game warn chimes in,could y'all open that ice chest for

(07:42):
me please, and there you go. And you know my client did give
a breast specimen and well, youknow, when we get back, I
want to talk about how that casewas resolved in my argument, and then
we'll move on to other things.Thanks for listening. You were listening listening
to a big angry law on kpR C. Well, I had a

(08:20):
buddy back in eighty one and wemade ourselves a pack. We were heading
for the new pipeline. We werenever coming back where we were dainty house
making time and a half budd ofGrange was too damn hot. We drove

(08:41):
back home at the end of thatweek and we ain't spend it all on
pots. So I'll see you ifI ever get out that way. We
see you in Dallas. What Iwant to have long to stay if you
ever have. Can't you feeling lightslowing down? I've seen around around my

(09:11):
mom tam Well, I live balle a single fall, I could sck
the wind. I went to collegelike they asked me to, but I

(09:31):
didn't mask my friends. Oh Charlie, he's one that I forget. He
died probably. I know that somepeople can said they're this heresy and I
talk about that probably absolutely my favoritecountry in West rooms if I ever get

(09:52):
that. I love George Whaling longstay give them lots of greats, yes,
but Charlie, and not just becausewe share the same first name,
but I really he told a wholelot of stories, and story songs are

(10:16):
my favorite. Some of them weremixed with classic country laments, but there
was always an underlying tale and it'sfascinating, a lot of it autobiographical,
a lot of it not. Butfor a long time he was one of
those artists as Charles Adams Biggering Radionine fifty AM KPRC. He was one

(10:39):
of those artists who sounded identical onthe radio, and he didn't get a
whole lot of airplay on streaming serviceson CDs, which I still have stacks
of somewhere of his and live now. He tore his vocal cords late his

(11:01):
career, retired, and then cameback and died last year. I forgot
often forget Tom Petty, Prince Chazanother person with a same first name,

(11:24):
the lead singer of Lincoln Park.I mean, just guys, you forget
that. I think Chris Cornell,but Robinson, Charlie just and so this
only comes up and the reason I'mplaying. And I was talking to my
son and he we're driving, andhe had been listening to his weird Austin

(11:46):
crap and he has an incredible tasteof music, but new music. I'm
just too old for it at thispoint. So I threw some Charlie on
to kind of cleanse the palette inthe truck. And he said, you
know, I saw him right beforehe died. I was like, oh,
yeah, he died. He's like, he was horrible, So what

(12:09):
do you mean when did you seehim? And he had gone to some
I think Williamson County was some countryand western festival outside of Austin last year,
and whether some of his classmates,and he said it was it was
really just him sitting there letting hisback up vocalists sing, and it was

(12:33):
sad. And I am you know, I hate that he passed, but
I am glad that I didn't seehim like that, because the last time
I saw him was a little livemusic venue in between Richmond and fifty nine
South outside the Loop inside the Beltway, something like the Red something Saloon,

(12:56):
I forget the name of it.Actually, I think I saw him there
two or three times, and Isaw him at the Redneck Country Club as
well. I think that year itjust I saw him when he still was
an incredible performer, and it justshows you a lifetime of addiction. How

(13:18):
it, I don't know, y'all. If the best thing I ever did,
and I never considered myself a drunk, I wouldn't do it once a
week at best, But when Idid it, I would I would tune
it up. You know. IfI had one, I wouldn't have any
for a couple of weeks. Butif I went somewhere I had one,
I'd probably gonna have ten or fifteen. And I obviously didn't never drive.

(13:41):
And I was a nice guy becauseI wasn't like some angry, foolish,
monstrous drinker. My arc was drink, drink, drink because I loved it.
I'd love it. I'm just notdoing it, and then get a
little of a sleepy hungry make somehorrible food choices always. You know,

(14:03):
at Miz in Midtown, the laterknew I was tipping him and whoever else
helped the table one hundred bucks.I'd order five or six entrees. I
would eat maybe one and a halfand they could take the rest and I
was probably too drunk to be inthere, but I was nice and generous,
so they didn't care. Cats.You know, sometimes I would have

(14:26):
the uber take me to Taco Belldrive through bad and I don't make those
choices anymore, I will tell you. And I feel so much healthier,
and I do feel like I gaineda lot of energy back that you start
to lose in your late forties.But we were talking, we went to
break. We were talking about aclient of mind and why I think it

(14:48):
is important to have those that pushback against the state. Even though I
am done with it, not completelydone, but per near. And I'm
going to focus and my legal practicewill be focused exclusively on my civil practice,
one of the restaurants I represent,the other businesses I represent, and

(15:09):
then the prosecution of you know,personal injury claims, you know, wrongful
death, big truck access is stuffI do with my partners in Beaumont.
You know, medical, my practice, nursing home stuff which has a lot
more flexibility and allows more for whereasthe workaday, everyday grind of criminal defense

(15:33):
is very different from the practice ofcivil law, and it affords my television
schedule and my financial advisor recruiting businessthe travel required for that. But anyhow,
so today set for this motion expresstwo game warns pull over my client

(15:54):
and they expressly tell him that theypulled him over because a passenger on his
bouts is a holiday weekend in thefall. Not hard to narrow it down
and out fishing in a county outsideof Harris County, and I don't want
to put the the DiscT attorney hisname in the streets. And they have

(16:15):
a great guy, and we resolvedit before the hearing, and the assistant
disc attorneys involved, including the misterMeyer chief who raised the issue of standing
as if my Clyde didn't have it, despite them admitting that the motivation for
the stop was a response to speech, despite them saying, hey, no,
we didn't do that. I justgave you the deuce, which is

(16:37):
like a peace sign. And Italked to them the adamant that they wouldn't
and I mean, these are youknow, good old boy chemical plant workers,
and a conviction on this would havereally probably cost this man of job
he'd had for decades, and clearlyhe made some bad decisions, had a
few too many coal beers while cruisingaround a lake with not very many people
on it, not really a lake. We're not talking Conro here, We're

(17:03):
not talking Montgomery County. I'll excludethat. But so they stop him for
that, which is an incredible restrictionof speech, which is for voting.
It's forbidden. You can't punish someonebecause you don't like And there's a lot
of case law that says police musthave a higher tolerance for offensive speech.

(17:23):
But this was It might have beena good faith mistake, but still I
believe it was a mistake. Buthow fragile are these game warns and how
much do they rely on the boatsafety inspection workaround of the Fourth Amendment restrictions
on unreasonable searches and seizures. Theybasically stopped him for no reason. Now

(17:44):
they offered me a pretrial diversion,which means he does some things for six
months. They're going to dismiss hiscase. Not a DEVERD, but a
real dismissal that he can expunge.But it's just sickening that law enforcement does
that at times, and that's whyyou need defense counts. Big An' Green
Loft with Charles Adams on KPRC ninefifty. Well, wish I had my

(18:17):
picture on a rolling stone today,and I wish the theme choir, the
spread of rumor that I was gay. Well, I wish I had some

(18:41):
buddies, some movie stars and such, because I probably wouldn't worry about the
two of us as much. AndI spend all my money cavion and cocaine,

(19:19):
and I would not remember how youbroke my heart. All right,
I'm much rather listen to Charlie,you know. I wish I could,

(19:41):
then supermodel talk about what what's goingon on these campuses across this country.
Listens all come on, and awaitressing Nevada says, carry in my jod

(20:03):
And I'm not one for the hyperboleof those that share this station or share
the talk radio space, or thehyperbole of most political pundits, but this
really, man, And I knowI sound like a grandpa, but it's
gone to the point where it isit becoming a war for the idea.

(20:26):
It seems like a war for theidentity of this nation. But it's not.
It's not because it's a bunch ofpaid agitators that are very loud on
social media, who get given anoutsized voice and outside attention and are indulged
by those in power at many ofthese university campuses to be awful. I

(20:49):
think there is a virulent strain ofanti Semitism and anti Americanism and just self
loathing because a lot of Caucasians,but a lot of self loathing Caucasians that
are trying to reconcile their white guiltand their feelings of their own privilege by

(21:15):
LARPing live action role playing oppression,because that is the ultimate pedestal now,
the pedestal of victimhood, whether it'sfaux victimhood or it's not. It's like

(21:36):
the Texans in their draft, theyused a streamer who I was not familiar
with, but I've seen some peoplepost our research. It seems that he
may possibly or most probably be adoptingthe affectations of someone struggling on the autism

(21:57):
spectrum for clout and attention, andthat it does seem that he's made some
posts he's broken character. That it'sall just a character, which just exemplifies
even if you're faking it, Americaswoons for you or the gullible. But

(22:25):
what's going on on these campus isfar deeper. Columbia, a couple of
years. Our last year was thefirst Ivy League university to permanently abandon the
metric of standardized testing. Now there'san argument that it's racially biased. There
are those who get ostracized by theacademic community that respond that if you equate

(22:48):
for non attendance or truancy and theuninvolvement of on a large scale, we're
talking averages of both parents in theeducational outcomes, that it is as fractures
in society, not a deep seatedbias woven into the test. But really

(23:12):
the reason Columbia and in many schoolsabandoned it for a number of years,
Harvard MIT was the first super eliteschool that said, hey, yea,
we've got to bring these back,and they were just vilified by the academic
community. Now, the reason Columbiapermanently abandoned it is most likely in the

(23:37):
wake of and we'll see more ofit, in the wake of the Supreme
Court saying you can't actively discriminate againstAsian and white students. That they've got
to mask the math a bit more. And if you remove all of the
qualifiers that are objective, well,it gives you more freedom to focus on

(24:06):
other things. Even if those otherthings are just a charade, and the
real thing that you're focusing on israce or erase reasons to exclude high performing
students that happened to check the wrongboxes heterosexual, Caucasian, Asian bad according

(24:26):
to many if they check those boxesand they're not markedly affluent or a legacy
right, because those remove some ofthe barriers. But so Columbia absolutely been
and a Harvard came back this yearand said, yeah, we've got to

(24:47):
bring it back. Why because they, for the first time are dealing with
a lot of low performing students thatthey feel entitled to be there but not
obligated to do the work. Andthat's not racially specific, that is achievement
specific. And instead of looking forways to fix the disparities and education,

(25:08):
I read you. If you wantsome interesting insight into what's going on in
public schools, there is a teachersubreddit that is just all these horror stories
being voiced, not all of them, but a lot of them, just
horror stories being voiced by teachers.And maybe I should spend an episode reading
some of them because they're heartbreaking,But equally heartbreaking are what's going on on

(25:34):
these campuses, and you talk aboutthe way the treatment, the mistreatment of
Jewish students, and I've heard somereally bone chilling. There was an assault
that was all of a girl byfive students at UCLA that's all over place.
And she didn't look like a bloodymess when I watched the video,

(25:55):
and I thought, well, maybeshe's overreacting, but then they showed the
headwound which was significant in a closeup in another video, and it's horrified.
These are men and women stomping andbeating up a girl because she evidenced
her support for Israel. It's notabout free speech, it's only about their

(26:15):
speech. You did see just acompletely after that. You've seen a complete
melee between Jewish students and are ofthose that support the Jewish students and the
those that support Gaza, which arealso some that are vocally supported Hesbela and
Hamas and other terrorist organizations. It'sthe whole thing. But the binary that

(26:40):
the you know that the media,of the mainstream media and the academics.
One is the pro genocide versus antigenocide. Elana mar Congressman Alta My and
the disgusting audacity to break Jewish studentsdown in well, we should support j
your students, whether they're pro genocideor NAH. I anti jay is if

(27:03):
I did, but anyway, theUniversity of Texts yesterday issued and I was
horrified by the early treatment of protesterslast week. And I have done a
complete one eighty and I want toread a statement issued by the University of
Texas yesterday. The University text haslearned it Tuesday that of the seventy nine
people rest in our campus Monday,forty five had no affiliation with ut Austin.

(27:26):
These numbers validate are concern that muchof the disruption on campus over the
past week has been orchestrated by peoplefrom outside the university, including groups with
ties to escalating protests at other universitiesaround the country. To date, from
protesters, weapons have been confiscated inthe form of guns, buckets of large
rocks, bricks, steel enforced wood, planks, balance and chains. Staff

(27:48):
have been physically assaulted and threatened,and police have been headbutted and hit with
horse excrement, while their police carshave had tires slashed with knives. This
is calculated, intentional, and webelieve orchestrated and led by those outside our
university community. We will continue tosafeguard the free speech and assembly rights of
everyone on our campus while we protectour university and students who are preparing for
their final exams. That's important becauseyou have a school in the Pacific Northwest

(28:12):
where a library has been taken over. Kids can't study there during finals,
and it's being allowed to happen byfar left progressives who think, well,
as long as they're all for riotingand vandalism and terror, as long as
it's done by people that they agreewith politically, which is a bit insane.

(28:34):
The press secretary of Karine, JeanPierre, was questioned about Biden's take
on this, and she deferred tolocal law enforcement and played her little silly
fuzzy math game where she refuses toanswer questions in markedly dumb ways, and
she just exemplifies everything that's wrong withhiring people that aren't qualified for jobs.

(28:59):
Back in a second, you werelistening. He were listening to a big
angry law on KPRC nine fifty.Well, I loved the girl she lived
out in papers, pretty she couldbe and our three on app and Oldessa

(29:33):
to give her whatever she needs Withthat girl, she run with an ail
come it bum because of diamond wasnot on her hand. But he left

(29:53):
her soonneath the big loving moon togo out and X ray the lamb.
Now I sit in my car,the new rain Bull Barn downtown and the

(30:18):
Frostone winds shines to flowing counties outthere towards towards and west, shiney diamonds
and the lights of love and County. Well, I walked in that barn
and I drank my silk crasy andlike I said, all these songs from

(30:40):
Charlie were from the same album,Life Over the Party. Life Over the
Party went in and walked a womansin works of art that tell fascinating stories.
This is a story of murder.Well, I followed, but in

(31:00):
true love she was alone, goneawful. I put my gun to her
head. Well, let's get backto real awful. Yeah, that was
a nice Charles Adamsbegg and Radio ninefifty am KPRC we have been talking about.
I read the statement from the Universityof Texas about the horrifying behavior of

(31:25):
those masquerading as protesters but really justadvocating for the destruction of America and trying
to convince and actually convincing a greatnumber of the gullible to engage in or
tacitly or expressly or overtly support violenceagainst other Americans, especially Jewish Americans.

(31:48):
I want to play a clip fromthe governor or not the governor, the
mayor of New York, Eric Adams, no relation, former police officer much
like myself, who spent many yearsadvocating for actual, real police reform,
much like myself, but he's accomplisheda bit more. I guess he's the

(32:14):
mayor of the greatest city in thiscountry. Yeah, it was once the
greatest century in this country a fewtimes, and I think the last time
was that it could be considered thatwas when Giuliani, who is most certainly
off is not a little bit,but was an incredible mayor. But let's

(32:34):
listen to Eric Adams take on theseprotests on campuses in New York City that
have just gotten out of control.One was with Keuney and one was with
Columbia University. And once I becameaware of the outside agitators who were part
of this operation, as Columbia mentionedin their letter and their requests with the

(32:58):
New York City Police Department, itwas clear we had to take appropriate actions
of when our intelligence division identified thosewho are professionals, well trained, one
of them was married to someone thatwas arrested for terrorism. We knew these
children were being exploited and they werein danger and would have been irresponsible not

(33:19):
to reply to requests from Columbia University. Let me cut in real quick.
They're not children. They're adults,young adults, but adults, adults allegedly
smart enough athough plenty of them aren't. Plenty of them just fit the criteria
that they were looking for to beat one of the most prestigious universities or

(33:42):
what was once one of the mostprestigious universities in the world, supposed to
be smart. Come on, let'slisten to some more. Mister Bhaer.
When you say that the protests havebeen co opted by professional outside agitators,
how do you distinguish between those outside agitators and students who are just protesting
peacefully. And who is this individualwho is connected to a terrorist? Well,

(34:07):
it's not singular, it's plural,several organizations in groups. I want
to be clear on that we didnot take this action lightly and once the
Columbia University team and leadership in theirletter acknowledging that outside agitators were on their
campus grounds. We looked at ourintel and information. I was brief by

(34:31):
the Intelligence Division, and they wereable to identify organizations and individuals who were
not students but were professional agitators.And we've realized after they're breaking into Hamilton
Hall, some of the tactics,some of the methods, these are clearly
being used across the globe, andwe understood that how really dangerous situation had

(34:55):
become. Okay, But mister Marriertt, who give us some information on who
this individual or individuals who are connectedto terrorism found themselves in police custody,
which I'm guessing they are now inpolice custody. Un impress. Pause Again,
that's a CBS Mornings anchor asking themayor for details. But if you

(35:15):
remember his question before that engaged inthe tired mostly peaceful protests or nonsense talking
about students and outside agitators who violentlytook over a building. Right. I
saw in another in Portland State University, they've taken over the library. I

(35:37):
saw a video of a student beingthrown down a flight of concrete stairs by
masked thugs who were guarding the gatesof this vandalized and destroyed library where students
are supposed to be studying for finals. Let's listen to the rest of the
mayor's conversation with CBS. Well,if you look at you can find these

(35:59):
infama. They're proudly acknowledging themselves onsocial media platforms. And I'm going to
let the Intelligence Division do their jobon what information should be released and what
information should not be released. Andwhen we do an analysis of all those
who are arrested, a substantial numberof them were not students of QUT.
And we're not students of Columbia University, the same as the University of Texas.

(36:23):
It's almost if there is a conspiracyto engage a nationwide conspiracy to engage
in insurrection. But let me promiseyou what's not going to happen in Austin
and Travis County. But the Countyattorney of this attorney are just dismissing cases
left and right and Reddit, whichI enjoy some subreddits. I think it's

(36:45):
interesting takes and interesting information. Isof course lamenting the waste of taxpayer dollars
and the injustice of it all.As if the county attorney of this attorney
would actually enforce the law if theysaw crimes. These are crime loving politicians.
Absolutely. I don't say that lightly, especially the district attorney in Austin
in Travis County. Absolute scumbag,Absolute scumbag. I should read some stories

(37:10):
about how victim crime just goes uncheckedand unpunished in my hometown. I cannot
believe that he has been elected.Just another example of the incredible gullibility of
so many people. And also speaksvolumes about how out of touch the Republican
Party is in Texas and how itrefuses to engage. And I mean the

(37:32):
loud pulpit given to radicals on theleft is mirrored by the loud pulpit given
to radicals on the right who don'tcare anything about building bridges and actually gaining
nationwide electoral support. They'd rather justpiss and moan and pander to the idiots
because that seems like it's all butspeaking of idiots, because we're talking of

(37:57):
idiots. I played that clip asit sets up Alexandria Ocossio Quartet Sandy Cortes,
who has been cost playing as anadvocate for the oppressed since she got
selected after auditioning for the job toprimary a well liked Democrat and while pandering

(38:20):
and pretending to be this radical progressive. Here's her take. Sandy's take.
Congressman O Cossio Cortez's take is andI coulorstanding. I knew someone that worked
a knew a man whose daughter workedwith her at her bar job, who
she got some media attention, butconservative media attention because she outcried about how

(38:44):
Sandy didn't engage in the mandated tipshare. So she's a socialist who doesn't
believe in socialism. This was yearsback, but here's Sandy's take. Oh
look, I've run out of timeto give you her idiocy. Thank you
all for listen. Thing