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Offlineilluminati
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Registered: 06/17/07
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Re: Busted [Re: 2859558484]
    #11579790 - 12/03/09 08:25 PM (14 years, 5 months ago)

That makes me feel better, I need to stop fuckin psyching myself out about this shit.  It's not gonna do any good.


--------------------
I didn't get turned on I just got turned
I wasn't as aroused as I was concerned
for each one of 'em I've hurt
and every time I've been burned
I've got a lot to teach but even more to learn

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InvisiblesporeRider
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Re: Busted [Re: illuminati]
    #11580071 - 12/03/09 09:11 PM (14 years, 5 months ago)

Sorry to post late - and to hear about your unfortunate inccident
It does suck if you only know a lil about your rights( like enuf to say plead the fifth)
But if you don't really know your rights - Your in for the ride

A cop can and will do just about anything they want
They could just beat ya down and sprinkle you with crack and charge ya up

But if your lawyer is gunna do you good - ask him to go about future incidences like the one you've been thru now

Ask for his advice for dirty traffic stops
And for "knock n talks"
If you don't hold your ground and actually understand your rights - they will get ya

My wife knows i keep my "rights" card infront of my i.d.
She saw how two times i had shitty run ins with traffic cops while puffn tuff
But if you have a strict down to the money approach on the invoking rights
Your all golden -

See in WI i find cops get ya for speeding......approach the car n r at first all about the traffic violation - then they go back to get ya a ticket ( maybe warning )
When they come back to your car they make you sign off the bottom of the ticket and then nicely as shit explain how to fight it and lower penalties
-then suprisingly fast - last thing they say - is " one more thing Mr....you wouldnt happen to have any bombs guns or illegal drugs in the car would ya??"  you say NO - then the cop says " well then you wouldn't mind me taking a looksee would ya?" Ahhhh these poor fucking cop bastards - - -most people do anything a cop says -

- after you sign and get your ticket in hand ITS YOUR RIGHT TO DRIVE OFF IMMEDIATELY!! - avoiding all possible bs talking they officer may want to add in

When they give you your ticket gladly saay thankyou officer im invoking all of my constitutional rights and am in a hurry home - "Later" make em breath your dust

Good luck with the WI court bs bro - You got the best of my wishes!!
Sucks in WI not much goes on to keep cops busy and its total bull they would take random phone ins seriously - - - - -Never talk to them - make them break down your door next time - then maybe the warrant wouldn't have been so legit - - i bet they wouldn't even go that far because of the ramifications of a shitty search warrant

If you do get them busting in - they prob already have enuf info to charge ya
If you get them trying to incriminate yourself - they are just looking for you to dig your own grave - - - -

Hope the rest goes good bro!! Just had to thro in some of my "learned the hard way" info
I also hope your not in Wauk county - that katherine bitch judge sucks bigtime!


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OfflineSeussA
Error: divide byzero


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Re: Busted [Re: sporeRider]
    #11586212 - 12/04/09 07:51 PM (14 years, 5 months ago)

> - after you sign and get your ticket in hand ITS YOUR RIGHT TO DRIVE OFF IMMEDIATELY!!

Not true.  Until the cop releases you from detainment, you are not free to go.


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Just another spore in the wind.

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InvisiblesporeRider
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Re: Busted [Re: Seuss]
    #11586828 - 12/04/09 09:15 PM (14 years, 5 months ago)

I was told this by my lawyer - :shrug: ive done it - not running away - but if you time n carefully explain your position they have no other right to detain you any longer - not just off suspicion of "drugs smell" or "acts suspicious" - most people don't know a thing about their personal rights - tis the major reason so many fall for police shakedowns!! - Only if something illegal is in Plain sight then your fucked!! - and also a cop can get away with jsut about anything including murder - but if you always refuse searches regardless of circumstances - im proof you can get away - - - invoking your righs but sticking around talking to the officer or "waiting " for him to radio a police dog is bullshit  -thats what invoking your rights is all about - to get your citation and peace it out - there is no law where you have to talk to the cops - if you give em your full name and id and ss#- thats it!- tell him he did a good job with the traffic stop and to keep up the good work but you have lots going on and don't care to elaborate anymore ( you don't have to _) - Do it politely as possible without saying much - get the point accross and get out! they won't got thru alot of bs if you blend in enuf to not arouse immediate suspicion  - give them the slightest doubt they will find anything at all and you've got your chance at going home with just a traffic citation or warning  - - - - -
And i believe my lawyer more than anyone else - she helped me out BIGTIME:thumbup:

Good luck to the OP:goodluck:


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Offlinefundamentalchair
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Registered: 07/13/09
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Re: Busted [Re: Seuss]
    #11601242 - 12/07/09 05:46 AM (14 years, 5 months ago)

Quote:

Seuss said:
> - after you sign and get your ticket in hand ITS YOUR RIGHT TO DRIVE OFF IMMEDIATELY!!

Not true.  Until the cop releases you from detainment, you are not free to go.




This is referenced in the 'never get busted again' videos, although no actual court president had been mentioned. I tried emailing the guy through his site, but either it didn't work or he never responded. I've googled the hell out of it, but I have found no other references to it. I'll go troll their forums when I get around to it.


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semper necessitas probandi incumbit ei qui agit


Sclerotia FAQ... If ya ain't got any stones, grow some.

Will work for Laetiporus sulphureus culture/spores (or any other Laetiporus actually), :pm: me.

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InvisiblesporeRider
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Re: Busted [Re: fundamentalchair]
    #11601291 - 12/07/09 06:02 AM (14 years, 5 months ago)

nice bro - please check in on it - would love to see some proof you could dig up - its just my way i heard to get away from warrantless traffic stop searches - and it did work for me BIGTIME 2wice:thumbup:


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OfflineSeussA
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Re: Busted [Re: sporeRider]
    #11601321 - 12/07/09 06:15 AM (14 years, 5 months ago)

> I was told this by my lawyer - :shrug: ive done it - not running away - but if you time n carefully explain your position they have no other right to detain you any longer

When a cop pulls you over, you are being detained.  You are not free to go until you are released from the detainment.  The catch... the cop isn't required to tell you when the detainment is over.  They can end the detainment and then continue to ask you questions, etc.  Once you have the signed ticket in hand, simply ask if you are free to go or if you are still being detained.  However, if you drive away assuming the detainment is over, and the cop hasn't released you, they now have cause to arrest you.  Always ask if you are free to go.


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Just another spore in the wind.

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Offlineilluminati
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Re: Busted [Re: Seuss]
    #11601787 - 12/07/09 08:51 AM (14 years, 5 months ago)

Well ladies and gentlemen, I have just discovered (via Facebook stalking), that the kid who narked me out, along with his girlfriend, some other kid, and the other girl who was backing him up, have fucked off to Cali with no intention to return.  As long as they don't come back by Wednesday, I'm pretty sure I'll be alright.  My lawyer said what would most likely happen is they would 'dismiss the case without prejudice' meaning they can bring it up in the future if they find the kid or whatever.  He also said there would most likely be an investigation into whether I had something to do with him leaving, which I'm fine with because I've been complying with my bond 100%.  The kid has court later on Wednesday for his own shit, so if he doesn't show, he'll have a warrant issued for his arrest, and I really doubt he's going to come back on his own after that, which I'm sure isn't going to make him look any more credible.  Anyway, wish me luck, we'll know more on Wednesday.


--------------------
I didn't get turned on I just got turned
I wasn't as aroused as I was concerned
for each one of 'em I've hurt
and every time I've been burned
I've got a lot to teach but even more to learn

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Offline2859558484
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Re: Busted [Re: illuminati]
    #11602517 - 12/07/09 11:21 AM (14 years, 5 months ago)

sounds good man....
i cant believe how hard that guy tried to fuck you.


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Invisiblecottlestonpie
wanderer
I'm a teapot


Registered: 01/18/03
Posts: 800
. [Re: 2859558484]
    #11604553 - 12/07/09 04:04 PM (14 years, 5 months ago)

.

Edited by cottlestonpie (10/09/11 10:35 AM)

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InvisiblesporeRider
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Re: Busted [Re: cottlestonpie]
    #11604584 - 12/07/09 04:08 PM (14 years, 5 months ago)

Nice new bro - good luck with it:thumbup:
Keep us updated - its great to hear how firsthand peps get off some shitty ass charges!

Happy Holidays as much as they can bring!! :peace:


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InvisiblesporeRider
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Re: Busted [Re: sporeRider]
    #11604656 - 12/07/09 04:16 PM (14 years, 5 months ago)

Quote:

> I was told this by my lawyer - :shrug: ive done it - not running away - but if you time n carefully explain your position they have no other right to detain you any longer

When a cop pulls you over, you are being detained.  You are not free to go until you are released from the detainment.  The catch... the cop isn't required to tell you when the detainment is over.  They can end the detainment and then continue to ask you questions, etc.  Once you have the signed ticket in hand, simply ask if you are free to go or if you are still being detained.  However, if you drive away assuming the detainment is over, and the cop hasn't released you, they now have cause to arrest you.  Always ask if you are free to go.




and yeah - this sounds right - as ive been "detained" on shitty means in other places like houses after invoking my rights - - - - but with the traffic stop shakedowns - you have to make sure to say"this offends me greatly officer, Im very busy and do appreciate the traffic stops you make - i will take my ticket and go - thankyou" - after you said that any law respecting officer SHOULD let you go on your way - but still like i said befor - a cop can do almost anything they want - so you must b careful - Doing this invoking your rights thing lets them know you would fight any searches in court- and any cops not wanting to fuck around with you n court for a year will most likely let you drive off - IF THEY CAN TOTALLY SMELL YA OR TELL YOUR HIDING SOMETHING _ your fucked - - - but its better to always invoke ALL your rights and quickly explain how this "search" has offended you and you don't have time for it and you know its a warrentless search - - - -a good lawyer will get you out of trouble if you do it the right way - all traffic stops don't ensure a automatic shakedown - this is America not Russia!!
Anyone with more on this please post it up
Its better we all live n learn together - WE ALL SHOULD NEVER CONSENT TO TRAFFIC STOP SEARCHES!!! Dirty or not!!
Lets keep what freedom we have:wink:


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Offlineilluminati
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Re: Busted [Re: cottlestonpie]
    #11605110 - 12/07/09 05:13 PM (14 years, 5 months ago)

From talking to my lawyer today, he said they will most likely still be charging me after Wednesday, they may drop the reckless endangerment shit though.  I could have sworn he told me they would probably 'dismiss without prejudice' which means they can charge me again with the same shit later.  I guess it's just because it's just a preliminary hearing, and they found what they found, so they're going to present that as evidence that I committed these other crimes, regardless of how that evidence was obtained.  Later, we can file a motion to suppress the warrant, and then it would all be inadmissible in court.  Since the hearing is to determine whether they have sufficient evidence to take me to trial, I would imagine they would at least drop the reckless endangerment thing.  I don't see how they could come up with enough evidence to still charge me with that considering they have no gun and no witnesses, all they have is the report.


--------------------
I didn't get turned on I just got turned
I wasn't as aroused as I was concerned
for each one of 'em I've hurt
and every time I've been burned
I've got a lot to teach but even more to learn

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InvisibleMSUman6000
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Re: Busted [Re: illuminati]
    #11606899 - 12/07/09 09:26 PM (14 years, 5 months ago)

Hey, quick story that might make you feel a little better.  This didnt happen in wisconsin and there are none of the endangerment aspects but it sounds like thats gonna be dropped anyways.

Buddy of mine use to sell lots of drugs out of his dorm room at college.  He did real well for a while, but got busted.  Kind of a similar story, police show up and basically force their way in. 

He had 1/2 lb of weed, 2 ounces of shrooms, over 1000 cash, scale and baggies, and glass and grinders and such.  This was a first offense. 

They ended up charging him with for possession  of weed and possession of shrooms.  The sentence was 8 months probation. 

I thought this kid was going to jail for sure, but because he was young and didn't have any priors they went easy on him.  Hopefully these same factors will help you!

Good Luck!

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Offlinedeladude
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Re: Busted [Re: MSUman6000]
    #11607107 - 12/07/09 09:50 PM (14 years, 5 months ago)

dont settle for a public defender. get a real lawyer! he will get that shit thrown out. they can only bust you for what is on the warrant. the warrant has to state what they hope to find.


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Offlineilluminati
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Re: Busted [Re: deladude]
    #11607229 - 12/07/09 10:07 PM (14 years, 5 months ago)

I have a real lawyer, but unfortunately they can bust you for shit they find even if it isn't on the warrant.  Like if they came into my house with a warrant for a gun, and didn't find it, but they found weed, they would just get another warrant for the weed.  It definitely wouldn't be hard for them to call the judge and be like, "We need another warrant cause while we were in there looking for this gun, we found weed."  Them being able to bust me for shit that's not on the warrant just eliminates the need to do that.  I mean, the warrant is obviously bogus and if the judge can't see that, I will have lost absolutely all faith in our legal system (not like I had a lot to begin with).  It sucks that the shit won't all be dropped Wednesday.  I mean, I'm sure they'll find what they think is sufficient evidence to take me to trial for most of it, but I have a hard time believing they'd be able to find enough evidence to take me to trial over the supposed gun thing.  I mean, what do they have?  Just what that kid said that day, and no live witnesses. 

I would think (and obviously I have a bias toward myself) the judge would go, "Hang on, you went into this kids house because you were looking for a gun, and you're dropping that charge, meaning you can't prove that he did that.  So, you can't prove what you got the warrant for actually happened?"  It almost seems like they would have to throw that shit out, but if the police acted in "good faith" when they got the warrant, it doesn't matter.  Also, the one jar they got has been sitting in evidence for almost a month now, and it will most likely be at least another month before they would even test it, so even if it fruited, I'm pretty confident those fruits would rot and fuck up the rest of the jar.  That jar just barely made it anyway, there was a point where I almost threw it away because I was pretty sure it was contaminated and wasn't going to make it.  Meh, I'm starting to ramble, but it's the only thing that lets me vent.  I'll keep you guys updated as shit progresses.


--------------------
I didn't get turned on I just got turned
I wasn't as aroused as I was concerned
for each one of 'em I've hurt
and every time I've been burned
I've got a lot to teach but even more to learn

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OfflineSpaced_Cowboy
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Re: Busted [Re: truskool]
    #11608639 - 12/08/09 03:11 AM (14 years, 5 months ago)

Quote:

truskool said:
I feel for you.  Your situation totally sucks.  Get a lawyer.  Only an idiot uses himself or a public defender



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Invisiblenaum
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Re: Busted [Re: illuminati]
    #11609607 - 12/08/09 01:33 PM (14 years, 5 months ago)

Quote:

illuminati said:
I mean, the warrant is obviously bogus and if the judge can't see that, I will have lost absolutely all faith in our legal system (not like I had a lot to begin with).  It sucks that the shit won't all be dropped Wednesday.  I mean, I'm sure they'll find what they think is sufficient evidence to take me to trial for most of it, but I have a hard time believing they'd be able to find enough evidence to take me to trial over the supposed gun thing.  I mean, what do they have?  Just what that kid said that day, and no live witnesses. 

I would think (and obviously I have a bias toward myself) the judge would go, "Hang on, you went into this kids house because you were looking for a gun, and you're dropping that charge, meaning you can't prove that he did that.  So, you can't prove what you got the warrant for actually happened?"  It almost seems like they would have to throw that shit out, but if the police acted in "good faith" when they got the warrant, it doesn't matter.




I'm surprised that your lawyer isn't talking about challenging the warrant itself on probable cause, but maybe he thinks it won't work. If it were up to any sensible person, they would certainly find absolutely no probable cause to issue a warrant based on the fact that some person simply said you had a gun. US vs. Leon ranks up there with one of the worst SC decisions ever as it pretty much killed the exclusionary rule with the good faith exception. However, I think in your case (from the details you've provided) that the good faith exception shouldn't apply  as it appears that the warrant was issued in bad faith.

Quote:

The Leon Court outlined four situations in which an officer’s reliance on a search warrant would not be reasonable and the good faith exception would not apply:  '(1) the magistrate was mislead by information in an affidavit that the officer knew was false or would have known was false except for the officer’s
reckless regard for the truth;  (2) the magistrate wholly abandoned his detached and neutral judicial role;  (3) the warrant was based on an affidavit that was so lacking in probable cause as to render official belief in its existence entirely unreasonable;  and (4) the warrant was so facially deficient, by failing to particularize the place to be searched or the things to be seized, that the executing officers cannot reasonable presume it to be valid.




In your case, I think (1) was met when the officer blindly trusted that shady character. And I certainly think that the third criterion (3) was met since there is only the word of that shady character.

Two questions:

When the police initially questioned you about the gun, did you state that you owned no guns? [assuming you don't since they found none]

What did the ACLU tell you?

Good luck with your case. I hope it is resolved quickly and in your favor.


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OfflineAlan RockefellerM
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Re: Busted [Re: naum]
    #11610084 - 12/08/09 02:28 PM (14 years, 5 months ago)

Quote:

I'm surprised that your lawyer isn't talking about challenging the warrant itself on probable cause




He will try that in the motion to exclude evidence.

If the motion succeeds, the case will be thrown out.

If it fails he will get run through the system and the only hope would be an appeal.

If someone says you waved a gun at them, that gives the police probable cause to look for it and charge you with anything else that they may find.  If that person is lying, the warrant still might stand because the police were acting in good faith.  They believed there was a gun so they looked for it, like they are supposed to.  The exclusionary rule is meant to deter police misconduct, not citizen misconduct.

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Offlineilluminati
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Re: Busted [Re: Alan Rockefeller]
    #11610793 - 12/08/09 04:14 PM (14 years, 5 months ago)

Well guys, I have an update, and kind of a somber one.  I just received a call from my lawyer saying I failed a drug test for THC.  I was under the impression it was common knowledge that metabolites of THC can take 30 days or more to completely be removed from the body of a chronic smoker.  If you do the math, I was arrested on the 13th, it is now the 8th.  That is nowhere near 30 days.  I just took a home drug test and the line showed up, but it was faint, which still means I passed.  I haven't smoked since the day I went in.  This is complete fucking BS; I'm getting railroaded by the legal system big time.  If anyone knows of any credible sites (preferably government) that say the detection time is 30 days or more, it would really help me out.  I found a few, but most of them were things like "ipassedmydrugtest.com" and whatnot. 

I'm thinking they're going to add a bailjumping charge to this shit which is really going to suck.

I'm not sure about the 3rd criterion though, I think that kid saying I had a gun is enough probable cause (assuming he was an average citizen) for them to get a warrant.

I can't thank you all enough for the support.


--------------------
I didn't get turned on I just got turned
I wasn't as aroused as I was concerned
for each one of 'em I've hurt
and every time I've been burned
I've got a lot to teach but even more to learn

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