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 Chemy
Registered: 10/05/07
Posts: 5,705
Loc: Baltimore, MD
Last seen: 32 minutes, 27 seconds
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 Re: just arrested with felony possession [Re: fastfred]
#8160738 - 03/18/08 05:08 AM (6 months, 16 days ago) |
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Why isn't there a sticky in security and safety with your knowledge of this stuff FastFred and John?
This info could help more than just derx.
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 fastfred
 
Registered: 05/17/04
Posts: 4,326
Loc: Dark side of the moon
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Re: just arrested with felony possession [Re: Chemy]
#8160859 - 03/18/08 06:34 AM (6 months, 16 days ago) |
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John already has a sticky and most of my knowledge comes from experience, I don't do a lot of research. I like giving advice and trying to help people out, but I don't really have the time to research and write up a bunch of stuff of the quality required to constitute credible legal advice. John's done some real good work with his sticky and I'm sure it's helped a lot of people.
All the stuff is archived too, so if people UTFSE they'll find plenty of my advice. They can even plug in my username if they want to read my rants.
I'm not only not a lawyer I'm also a non-doctor too.
-FF
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derx
who run it
Registered: 05/29/03
Posts: 1,955
Loc: cave
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Re: just arrested with felony possession [Re: fastfred]
#8161601 - 03/18/08 10:33 AM (6 months, 16 days ago) |
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I did receive a seizure notice where he inventoried my cell phone, my 1600$, my moms car and my "1.1oz marijuana"
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better living through chemistry
OVERGROW the government!!
it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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derx
who run it
Registered: 05/29/03
Posts: 1,955
Loc: cave
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: derx]
#8625474 - 07/12/08 01:21 PM (2 months, 24 days ago) |
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Update:
well after 3 sessions of court, my charges are dropped.
my lawyer filed a suppression of evidence because not only was my detention for 1 hour while waiting for a dog unconstitutional, the reason for the original stop "following too closely" was previously declared unstatue in tennessee.
We reached a compromise: they drop all the drug charges and I have to pay court costs for "following too closely" exactly $300.
They rape your ass one way or another.
Is there anything I can do as far as filing a formal complaint against the officer? He is just going to continue illegally arresting and seizing citizens.
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better living through chemistry
OVERGROW the government!!
it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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Chemy
Registered: 10/05/07
Posts: 5,705
Loc: Baltimore, MD
Last seen: 32 minutes, 27 seconds
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: derx]
#8625504 - 07/12/08 01:30 PM (2 months, 24 days ago) |
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Have your lawyer file the complaint, otherwise you have to go to the police department and be interviewed by the shift supervisor or LT. I don't know how understanding your local officers are, but here in South Florida there was an undercover news report done with people filing complaints, and officers followed people out and attacked or harassed them in the police department parking lot.
Ask your lawyer just to be safe.
To answer your question, yes you can and should file a complaint, they broke the law and should have a negative strike against their record in their personnel file.
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usg543
◕‿◕
Registered: 02/11/07
Posts: 4,276
Loc: on the lot, brah
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: derx]
#8625574 - 07/12/08 01:47 PM (2 months, 24 days ago) |
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congrats on getting the charges dropped though
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johnm214
Registered: 05/31/07
Posts: 6,352
Loc: Americas
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: usg543]
#8625684 - 07/12/08 02:25 PM (2 months, 24 days ago) |
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Thanks for following through with this story and letting us know.
Glad they decided not to fight it. So you never got a decision on your motion to suppress or exclude or whatever?
Glad you got out of it. I don't see how they can hold your car and still say your "free to go"- that's some bullshit.
Fuck the police and their "clever" ways around the fourth amendment... Glad that piggy's tricks didn't work with the prosecutor.
Yes file a complaint.
I have and nothing happened. They also can fuck with you. Bring a tape recorder or digital recorder with you so you can hear the bullshit they say to you- if anything.
Then file another one against whoever fucks with you/sue em, if anyone actually gives you shit.
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Ojom
member
Registered: 10/27/99
Posts: 509
Last seen: 22 hours, 7 minutes
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: johnm214]
#8626974 - 07/12/08 08:48 PM (2 months, 23 days ago) |
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Quote:
johnm214 said:
I have and nothing happened. They also can fuck with you. Bring a tape recorder or digital recorder with you so you can hear the bullshit they say to you- if anything.
I don't know the law on recording conversations in TN, but you would be wise to be knowledgeable about it if you decide to record yourself filing a complaint.
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johnm214
Registered: 05/31/07
Posts: 6,352
Loc: Americas
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: Ojom]
#8627332 - 07/12/08 10:19 PM (2 months, 23 days ago) |
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I suppose your right. I'd more likely be knowledgable about it if I decided to release the tape to anyone but myself.
Check if your state requires more than one party consent to tape a conversation. Most don't, and mine doesn't.
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HagbardCeline
ProfessionalAsshole
Registered: 05/10/03
Posts: 5,594
Loc: In a deep, deep, deep, da...
Last seen: 22 hours, 47 minutes
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: johnm214]
#8639898 - 07/15/08 08:57 PM (2 months, 20 days ago) |
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It's more than just two party consent. I remember being outraged about a case some time back about a guy who recorded the conversation between him and the cop who pulled him over being convicted on it. Even though the taped proved the cop was harassing him or falsely charging him, it wasn't allowed and he got an additional charge for the recording. Something about it being a cop meant you couldn't record it.
I'll try to find it.
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Katie Couric, while interviewing a Marine sniper, asked :
'What do you feel when you shoot a Terrorist?'
The Marine shrugged and replied,
'A slight recoil
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Stonehenge
enthusiast
Registered: 06/20/04
Posts: 983
Last seen: 2 hours, 15 minutes
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: HagbardCeline]
#8647634 - 07/17/08 03:40 PM (2 months, 19 days ago) |
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If both you and the person/people being recorded are aware of the recording, it should be legal. If it's hidden then you are in trouble, only cops can do that. They don't have to give you permission but as long as they are aware, it should stand up. That may vary from state to state so don't take it as gospel.
I've heard of cases where the cop just grabbed the recorder and destroyed it. Fortunately, lots of police depts are routinely recording all traffic stops. In some cases the cops have a mike right on them. In other cases the cop car has the video and audio recorder. Quite a few cops have gotten into trouble because of that. They must have forgotten it was all being recorded.
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Stoney
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johnm214
Registered: 05/31/07
Posts: 6,352
Loc: Americas
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: Stonehenge]
#8650050 - 07/18/08 07:13 AM (2 months, 18 days ago) |
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no, it varies by state.
Under FCC and many state laws, one party consent is all that's needed (some states the recording must be for a person in the conversation though).
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Prisoner#1
Even Dumber ThanAdvertized!
Registered: 01/22/03
Posts: 92,060
Loc: S.F.I.G.E.L.
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: johnm214]
#8654421 - 07/19/08 09:29 AM (2 months, 17 days ago) |
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only a handful of states restrict taping of calls/conversations, a
few require 2 party consent most as you stated only one of the
persons involved need to have knowledge, as far as I'm aware, no
states allow recording by a 3rd party without the consent of at
least one involved in the conversations
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PowerOfTheCoir
Newbie Sympathizer
Registered: 07/02/08
Posts: 412
Last seen: 11 days, 21 hours
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Re: just arrested with felony possession UPDATE: charges DROPPED [Re: Prisoner#1]
#8655927 - 07/19/08 05:18 PM (2 months, 17 days ago) |
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Like people said, it will vary by state. You probably are pretty safe with a microphone/camera though. Recording can be an invasion of privacy only if there is a reasonable expectation of privacy in that circumstance. Public areas afford no expectation of privacy, so you should be clear. Furthermore, if the officer is using a department recording device, it can be argued that he already knew the conversation was not private and a recording would be made available later on. Just because that recording got "lost" or the equipment "malfunctioned" doesn't change his expectation of privacy since he will claim that the problem with his recording was discovered later.
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Check out my first ever TEK!
Shroom capsules with the Cap-M-Quik (pics)
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