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OfflineSubstance D
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Registered: 11/25/07
Posts: 239
Loc: Inside my Head
Last seen: 15 years, 9 months
Do i have anything To worry about
    #8608520 - 07/08/08 02:49 PM (15 years, 10 months ago)

i was getting a ride home from a 4th of july party,an we got pulled over.  The cops saw a 12 pack in the car.so they searched me an found like 4 or 5 grams of shrooms on me.i told the cop i was gonna use them for cooking an that i had no clue they were magic mushrooms ,well cops said they didn't believe me ,they placed me in handcuffs then one of the cops threw me face first on the ground i start screaming he was stepping on my face ,he threating to taser me so i begged him to shoot me in the head with his gun.well the cops saw i had a history of mental Illness an they took me to the harbor which is an inpatient mental heath place.well after speaking with a doctor the harbor told me i was brought there only cause the cops thought i wanted to hurt myself an that they would of let me go earlier  if i wasn't screaming so much. she told me its really hard to arrest people down here in FL for mushrooms.well i went home an i found an open bottle ticket  in my property but nothing about the mushrooms.i was never arrested ,do you think i might still face charges i remember over hearing the cops tell each other theres no way to field test the mushrooms. i think the cops might of just thrown them out cause he felt bad since he really messed me up ,i got a black eye my jawline all bruised ,dislocated shoulder .the harbor took pics of my injuries an told me the police had no right to beat me up.


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You can turn your back on a person, but, never turn your back on a drug. Especially when it's waving a razor-sharp hunting knife in your eye.

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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 5 months
Re: Do i have anything To worry about [Re: Substance D]
    #8608576 - 07/08/08 03:07 PM (15 years, 10 months ago)

:nonono:


--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!

Edited by Chemy (08/14/08 04:24 PM)

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OfflinePowerOfTheCoir
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Registered: 07/02/08
Posts: 421
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Re: Do i have anything To worry about [Re: Chemy]
    #8612589 - 07/09/08 11:06 AM (15 years, 10 months ago)

If the shrooms were fresh and you were smart enough not to admit criminal knowledge of their "other use" then they are SOL. Good job - most people just confess and give them their case.

The FL Supreme Court ruled that the FL Law banning psilocin and psilocybin does not adequately inform a reasonably intelligent person that common mushroom can carry these chemicals. They also made it fairly clear that a person's knowledge of the shrooms is a controlling factor in whether or not the law applies. Do what you did and they simply cannot make a case.


--------------------
Check out my first ever TEK!
Shroom capsules with the Cap-M-Quik (pics)

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Invisiblejohnm214
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Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: Do i have anything To worry about [Re: PowerOfTheCoir]
    #8612905 - 07/09/08 12:21 PM (15 years, 10 months ago)

Quote:

PowerOfTheCoir said:
If the shrooms were fresh and you were smart enough not to admit criminal knowledge of their "other use" then they are SOL. Good job - most people just confess and give them their case.




yep.  People confess, or make up a story, that convicts them or substantially helps them along to that end.

Quote:


The FL Supreme Court ruled that the FL Law banning psilocin and psilocybin does not adequately inform a reasonably intelligent person that common mushroom can carry these chemicals. They also made it fairly clear that a person's knowledge of the shrooms is a controlling factor in whether or not the law applies. Do what you did and they simply cannot make a case.





Wow.  Perhaps the only person I've read here that correctly summarizes the legal import of that case.  I'd rate you again if I could.

usually folks just say "fresh shrooms aren't illegal" or something wrong like that.


EDIT:


Original Poster should receive an executive pardon just for this avatar.





I find it pretty cute and love the way the smurf just jumps on the toadstool over and over.  It's like he's allready sitting in the air and lands perfectly in the sitting position... so elegant...

Send your avatar and my recomendation to the governor if they ever do charge you.  Hopefully you'll get off on that avatar....

:laugh:  :laugh:

Edited by johnm214 (07/09/08 08:46 PM)

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InvisibleLedd
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Registered: 07/04/08
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Re: Do i have anything To worry about [Re: Substance D]
    #8612992 - 07/09/08 12:59 PM (15 years, 10 months ago)

I got my ass beat by a cop too for telling him he was old (very emphatically lol) while I was drunk. When I started asking what the charge is and saying "Habeas Corpus" he thoroughly choked me, gave bumps to my head, and did something to my leg that didn't bruise but still gurst 2 or 3 weeks later. But i was only PC'd (not pressure cooked, lol, protectional custody) so the ass kickin' wasn't to bad. I was a drunk ass hole to a cop and didnt get arrested. Breaks even id say.


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We mean nothing we do not mean to do.

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OfflineSubstance D
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Registered: 11/25/07
Posts: 239
Loc: Inside my Head
Last seen: 15 years, 9 months
Re: Do i have anything To worry about [Re: Ledd]
    #8635147 - 07/14/08 08:24 PM (15 years, 10 months ago)

thanks guys for the advice.well tonight my girl got drunk an called the cops ,an while i was sitting in the back of the cop car i saw on his computer ,case open controlled substance.so i guess im fucked when they get the lab results back.they were dried mushrooms an not fresh so i guess the whole i didnt know what they are thing might not stand.but im gonna stick to my story i had no clue what they were when i picked them,.does anyone know how much time im facing.i have no record,besides my psyc history .i rather do  a month or 2 in jail instead of probation.fuck im stressed my girlfriend just went to jail for domestic violence even though i begged them not to take her to jail.if my life keeps it up this way i might have to eat a few oz of shrooms an just lose my mind for good!


--------------------
You can turn your back on a person, but, never turn your back on a drug. Especially when it's waving a razor-sharp hunting knife in your eye.

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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 5 months
Re: Do i have anything To worry about [Re: Substance D]
    #8635178 - 07/14/08 08:29 PM (15 years, 10 months ago)

From my experience:

Possession of controlled substance: Other

First offence:

1st offer: 18 months DOP

Offer rejected:

60 days **CJ

It all depends on the county however, this example is from what I've seen in South Florida.

I would hire a lawyer though, the charge is a felony, and you don't need a record to tack on points if you get another charge in the future, and the case sounds weak, fight it.


--------------------
Alcoholics Anonymous

Narcotics Anonymous

Get help, help is free and available 24/7/365.

God bless you all and I hope you receive the help you need to turn away from your lives of sin.

Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!

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InvisibleLedd
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Registered: 07/04/08
Posts: 1,200
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Re: Do i have anything To worry about [Re: Chemy]
    #8636467 - 07/15/08 05:06 AM (15 years, 10 months ago)

To the OP:

If you are 21 the beer does not give reason for a search of private property. If they ask if they can search, or phrase it in a way to make it sound like an order, they probably can't. If they have the authority they will go ahead and search without your input on the matter. If they ask or somewhat suggest a search say "Is that on order or a command?" And when you reject a search, and they ask why reply "Just protecting my constitutional Rights officer. You know, use them or lose them."


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We mean nothing we do not mean to do.

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OfflineSeussA
Error: divide byzero


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Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
Re: Do i have anything To worry about [Re: Ledd]
    #8636490 - 07/15/08 05:23 AM (15 years, 10 months ago)

> "Just protecting my constitutional Rights officer. You know, use them or lose them."

In my experience, the above pisses off police.  They deal with 'couch lawyers' that learned their constitutional rights from the last episode of LA Law or Judge Judy (or whatever is on these days).  If asked why, much better to answer, "Because my lawyer scolded me and told me to never consent to searches or questioning without talking to him first."  Now it is your lawyer that is a jerk, not you.  The police know that you have a lawyer, that your lawyer has educated you on your rights, and that you have invoked those rights.


--------------------
Just another spore in the wind.

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InvisibleQuantumReality
Mycopath 🗡
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Registered: 05/20/07
Posts: 3,203
Loc: BoobyTraps
Re: Do i have anything To worry about [Re: Substance D]
    #8637206 - 07/15/08 10:57 AM (15 years, 10 months ago)

Have a read of this one, you may find this quite appropriate for your situation :super:

Psilocybin Mushrooms, Legal Status, Florida

Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.

http://www.erowid.org/plants/mushrooms/mushrooms_law.shtml

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Invisiblerugergirl79
lεṡвïαṉ εχτɾøḋïṉ^
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Registered: 03/27/08
Posts: 2,113
Loc: cardboard box
Re: Do i have anything To worry about [Re: Ledd]
    #8637234 - 07/15/08 11:04 AM (15 years, 10 months ago)

Quote:

Ledbonzo86 said:
To the OP:

If you are 21 the beer does not give reason for a search of private property. If they ask if they can search, or phrase it in a way to make it sound like an order, they probably can't. If they have the authority they will go ahead and search without your input on the matter. If they ask or somewhat suggest a search say "Is that on order or a command?" And when you reject a search, and they ask why reply "Just protecting my constitutional Rights officer. You know, use them or lose them."


  An open container in a car gives the 50 the right to search without consent.  That is against the law in the usa.

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OfflinePowerOfTheCoir
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Registered: 07/02/08
Posts: 421
Last seen: 13 years, 4 months
Re: Do i have anything To worry about [Re: QuantumReality]
    #8639398 - 07/15/08 07:13 PM (15 years, 10 months ago)

Quote:

Dizzwizzle said:
Have a read of this one, you may find this quite appropriate for your situation :super:

Psilocybin Mushrooms, Legal Status, Florida

Florida stands out because of a decision in 1978 in Fiske v Florida by the Florida Supreme Court which ruled that wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal. Since the Florida legislature has not chosen to change the laws since then, wild Psilocybin mushrooms are presumptively legal to possess in Florida. This does not mean police won't arrest people for possession of even wild mushrooms, but this has been used as a successful defense against such charges.

http://www.erowid.org/plants/mushrooms/mushrooms_law.shtml





Damn, I'm kinda disappointed in Erowid for that. That's not what the Fiske decision said, or even an accurate summary of how FL handles psilocybin mushrooms. I know that they probably state it correctly elsewhere on their site, but that particular one could really get people in trouble.

The Fiske case stated that the law is not written so that a law-abiding citizen of average intelligence would be aware that a common wild contained an illegal substance. For that reason, Fiske could not be guilty of a possession charge even though he did possess the mushrooms.

Here's the big catch - The court clearly stated that Fiske's lack of criminal knowledge was a controlling factor in the law's applicability to his situation. Fiske had maintained his claim that he had no idea that these mushrooms contained psilocybin.

This means in Florida, you can use the Fiske case as a defense only if there is no indication that you knew that the mushrooms you possessed had a criminal use. Fresh mushrooms are often good candidates for a Fiske case but dried ones are almost certainly going to be considered to be prepared for consumption. If a person is caught with fresh mushrooms, that person and anyone with that person should avoid even saying "shroom" until after the trial. If anyone admits any type of knowledge of mushroom's use as an entheogen, that includes during the arrest, the ride to the jail, in the jail, and anywhere else until after the charges either dropped or a trial concludes. One good explanation for the mushrooms may be "I found lots of cool mushrooms and I thought they might work for cooking. I was going to look them up online when I got home to see if they were safe." Don't say anything else without a lawyer. Long stories get picked apart in court.

The OP's statement that they were for cooking wasn't a bad idea, but the "5g" kinda sounds dry. Still, there's so much mushroom picking going on because of FL's rains, they might be letting anyone go who doesn't blurt out "I WAS GONNA EAT THEM AND TRIP, BRO!"


--------------------
Check out my first ever TEK!
Shroom capsules with the Cap-M-Quik (pics)

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Invisiblejohnm214
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Re: Do i have anything To worry about [Re: PowerOfTheCoir]
    #8639624 - 07/15/08 08:07 PM (15 years, 10 months ago)

Yep, right on coir man.


All the decision  means is that while the shrooms are always  illegal, ignoring permits et cet, you cannot be convicted of possesion on the sole evidence of possessing them in an unprepared state- fresh picked.


Quote:

wild-picked psilocybin mushrooms could not be legally considered "containers" of psilocybin and thus would have to be specifically listed in Florida law by the legislature if they meant to make them illegal.





Yeah, this is wrong.  The decision reached the opposite conclusion, that the law WAS clear, perfectly, on its face and mushrooms are containers and thus they are forbidden.  The ruling was that the State Constitution requires for due process a defendant to know what conduct is forbidden, and that the mushroom possession itself cannot be sufficient to inform a person of ordinary intelligence that the law was violated, and so the state must prove, for things not specificaly outlawed, like mushrooms, that the defendant knew he possessed the drug listed by the statute... (same as being prosecuted for DMT possession when you buy a banana).


The mushrooms are illegal, they're just not sufficient to convict.  Just like a person who buys a car with a kilo of coke in the back bumper... not enough to convict.  That doesn't mean the florida court needs to make coke in a car bumper specifically illegal, as they would according to erowid, just that the statute must be applied to require someone of ordinary intelligence to forsee his conduct was illegal, had he read the law.  So buying the car with coke cannot be a conviction if you don't know its there, but can if you do.

The mushrooms cannot support a conviction if you do not know they contain illegal drugs, or have constructive knowledge of this, but they can if you do know they have drugs (make you trip/ whatever would alert you to this fact).

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InvisibleQuantumReality
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Registered: 05/20/07
Posts: 3,203
Loc: BoobyTraps
Re: Do i have anything To worry about [Re: johnm214]
    #8640353 - 07/15/08 10:46 PM (15 years, 10 months ago)

Im not from USA though it does make a good defense case. Its his responsability to abide by law, and to those measures that's exactly what he did.
"Florida, update your legislature or expect people to use this as a defense case!" lol

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