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 Alan Rockefeller
Mycologist
Registered: 03/10/07
Posts: 31,303
Last seen: 2 hours, 39 minutes
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 Re: Michigan: Motel guest arrested when trying to p/u forgotten bag of cocaine, weed  [Re: DrCrumbs]
#16171873 - 05/02/12 05:36 PM (1 year, 20 days ago) |
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Quote:
DrCrumbs said:
unlawful search?
Absolutely not. The 4th amendment only applies to government employees.
If your neighbor breaks into your house and finds weed and reports it, that is not an unlawful search and you will be convicted.
Quote:
Thats not the duffle I left behind?
But it was his room, and he called about it.
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Ojom
member
Registered: 10/28/99
Posts: 1,883
Last seen: 6 hours, 46 minutes
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Re: Michigan: Motel guest arrested when trying to p/u forgotten bag of cocaine, weed [Re: luvdemshrooms]
#16172005 - 05/02/12 06:14 PM (1 year, 20 days ago) |
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Quote:
luvdemshrooms said:
He doesn't have to have fired the gun for that charge.
Sure, he could have brandished it and I would accept that as using it without firing it, but as worded the charge makes no sense. Without actually reading the statute on which that charge is based whether or not it is really applicable is unknown. If it stated he was charged with possessing a firearm during a drug trafficking crime it would make more sense. One does not "use" a gun merely by possessing it in a concealed location.
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 luvdemshrooms
Two inch dick..but it spins!?
Registered: 11/29/01
Posts: 24,847
Loc: Lost In Space
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Re: Michigan: Motel guest arrested when trying to p/u forgotten bag of cocaine, weed [Re: Ojom]
#16172186 - 05/02/12 06:54 PM (1 year, 20 days ago) |
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The wording of many things makes no sense. Merely being in possession of a firearm while also being in possession of drugs is a crime in many places.
Your mistake is relying on common sense wording. The state does not always use common sense.
It's even a federal offense.
Bailey v. United States, 516 U.S. 137 (1995), interpreted a frequently used section of the federal criminal code. At the time of the decision, 18 U.S.C. § 924(c) imposed a mandatory, consecutive five-year prison term on anyone who "during and in relation to any... drug trafficking crime... uses a firearm." The lower court had sustained the defendants' convictions, defining "use" in such a way as to mean little more than mere possession. The Supreme Court ruled instead that "use" means "active employment" of a firearm, and sent the cases back to the lower court for further proceedings. As a result of the Court's decision in Bailey, Congress amended the statute to expressly include possession of a firearm as requiring the additional five-year prison term
http://en.wikipedia.org/wiki/Bailey_v._United_States
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“In politics, few talents are as richly rewarded as the ability to convince parasites that they are victims. Welfare states on both sides of the Atlantic have discovered that largesse to losers does not reduce their hostility to society, but only increases it. Far from producing gratitude, generosity is seen as an admission of guilt, and the reparations as inadequate compensation for injustices – leading to worsening behavior by the recipients.
Thomas Sowell
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Maharishi_2_U
Opt Out Super Fag
Registered: 10/21/09
Posts: 5,055
Loc: Front Range, CO 
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Re: Michigan: Motel guest arrested when trying to p/u forgotten bag of cocaine, weed [Re: Alan Rockefeller]
#16172254 - 05/02/12 07:11 PM (1 year, 20 days ago) |
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Quote:
Alan Rockefeller said:
Quote:
DrCrumbs said:
unlawful search?
Absolutely not. The 4th amendment only applies to government employees.
If your neighbor breaks into your house and finds weed and reports it, that is not an unlawful search and you will be convicted.
I disagree, the individual entered said premesis illegally and thereby said individual would not only be charged with some form of B&E but if you have an attorney worth their weight in sand they would also be charged with conspiracy or possession of some variety as in most states there is what's called "in the know" statues.
ie: you buy a used car, it breaks down, the mechanic finds a well hidden stash and reports it. It the burden of the prosecuting agency to prove you knowingly possesed contraband.
Please don't act like you know laws if you are not 100%. It is detrimental to the well being of these forums and it's members.
Be well
BC
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Ballerium said:
I don't think I'd appreciate it if some woman randomly bent over in front of me and showed her asshole to me.
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Alan Rockefeller
Mycologist
Registered: 03/10/07
Posts: 31,303
Last seen: 2 hours, 39 minutes
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Re: Michigan: Motel guest arrested when trying to p/u forgotten bag of cocaine, weed [Re: Maharishi_2_U]
#16172516 - 05/02/12 07:53 PM (1 year, 20 days ago) |
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Quote:
boredcertified said:
I disagree, the individual entered said premesis illegally and thereby said individual would not only be charged with some form of B&E
Correct. But if the burglar saw anything illegal and reported it, you wouldn't be able to get off by saying it was an illegal search unless the burglar was law enforcement.
Quote:
but if you have an attorney worth their weight in sand they would also be charged with conspiracy or possession of some variety as in most states there is what's called "in the know" statues.
Wait, you are saying that the burglar could be charged with a drug conspiracy if he saw your drugs and reported them? I wouldn't agree with that.
In the know statutes, and I don't think that is the correct term for them, usually apply to car passengers and room mates. They are also guilty of possession in some states if they knew the drugs were there. If the cops find drugs, you should always tell them that your friends/family/room mates didn't know about them. Or better yet say nothing at all and let the prosecution prove that they knew.
Quote:
ie: you buy a used car, it breaks down, the mechanic finds a well hidden stash and reports it. It the burden of the prosecuting agency to prove you knowingly possesed contraband.
Correct.
Quote:
Please don't act like you know laws if you are not 100%.
I have been studying law for 15 years and I am 100% sure that what I said is correct. I am not a lawyer and will never be one. If I am wrong let me know and cite a law or court case or news article.
There was a recent case where a burglar in California found a dead body while robbing a house and reported it to the cops. The defense said it was an illegal search because the person who found it was committing a crime, and tried to suppress the evidence. The motion was denied because the burglar was not law enforcement. The guy was convicted of murder.
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Maharishi_2_U
Opt Out Super Fag
Registered: 10/21/09
Posts: 5,055
Loc: Front Range, CO
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Re: Michigan: Motel guest arrested when trying to p/u forgotten bag of cocaine, weed [Re: Alan Rockefeller]
#16173566 - 05/02/12 10:43 PM (1 year, 20 days ago) |
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Pardon my laymans terms, I try to add useful advice to the boards, rather than argue moot, or minute points.
I will not give names but a case in Ohio went all the way to supreme court after suspect (burglar) tripped an alarm police arrived. He was detained and attempted to plea out by identifying a bag of MJ in the home he was in to steal. Plaintiffs counsel stated that said defendant was placing drugs in the home as part of an elaborate setup. Granted plaintiff and defendant had past dealings...
FYI my sister IS an attorney (thank goodness lol) and where I live it is indeed "The in the know statute" or "physical knowledge" law. Thanks for picking apart my post, you are obviously a superior intellect 
Be well.
BC
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Ballerium said:
I don't think I'd appreciate it if some woman randomly bent over in front of me and showed her asshole to me.
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