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BEEP
Registered: 01/06/08
Posts: 1,385
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Say I was busted on the street.
#12196606 - 03/13/10 06:18 PM (14 years, 2 months ago) |
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I want to go over a few scenarios.
Lets say hypothetically I sell to some kind of informant or I was being set up and they pick me up on distribution and everything that goes along with it, is that enough to search my place of residence just on probable cause? If not, is it enough evidence to get a search warrant and how likely would that be unless they where already on to me?
What if there was already an active investigation on me would they conduct a search at the moment they see me doing something illegal or would they wait for some kind of perfect moment?
I've also heard rumors that if I have a scale on my person (along with drugs) that's an instant distribution charge, even if I really just want to dose accurately at the place I'm going, is it true and would that be enough to get a search warrant?
Edited by BEEP (03/13/10 06:29 PM)
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Say I was busted on the street. [Re: BEEP]
#12206276 - 03/15/10 01:12 PM (14 years, 2 months ago) |
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To get a search warrant they need specific and credible evidence that they will find contraband. Usually finding you on the street is not enough to search your home. Unless they have other proof like finding stuff in your trash, or they can prove you came from your house with the drugs, etc. they usually can't get a warrant. It's also certainly not probable cause to search your home.
> would they conduct a search at the moment they see me doing something illegal or would they wait for some kind of perfect moment?
They almost always watch you and wait. But it all depends what they want to do. If they think they're going to get a big bust or nail a bunch of your friends by watching you they'll do it. If they just see some random dude doing something illegal they'll usually bust them right then and there.
> I've also heard rumors that if I have a scale on my person (along with drugs) that's an instant distribution charge,
That's true. Scale is evidence of dealing. Also having individually bagged (they say "packaged for sale") amounts is enough for a distribution charge. Say you had one ounce or less (misdemeanor). If you had that bagged as 8 8ths you'd get a felony rather than a misdemeanor.
So no scales and keep it all in one bag and under the felony limit.
-FF
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Arkady
Stranger

Registered: 02/20/09
Posts: 330
Last seen: 13 years, 9 months
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Re: Say I was busted on the street. [Re: BEEP]
#12371079 - 04/11/10 01:54 AM (14 years, 1 month ago) |
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Quote:
BEEP said: I want to go over a few scenarios.
Lets say hypothetically I sell to some kind of informant or I was being set up and they pick me up on distribution and everything that goes along with it, is that enough to search my place of residence just on probable cause? If not, is it enough evidence to get a search warrant and how likely would that be unless they where already on to me?
What if there was already an active investigation on me would they conduct a search at the moment they see me doing something illegal or would they wait for some kind of perfect moment?
I've also heard rumors that if I have a scale on my person (along with drugs) that's an instant distribution charge, even if I really just want to dose accurately at the place I'm going, is it true and would that be enough to get a search warrant?
The answer to your first question is yes. They got you. When they want to execute a search is another question. Actually it's your second question. They will conduct a search when they think it will benefit them the most. Usually it's right off the bat unless they think by waiting they can get you on something bigger. Drugs are enough to get a search warrant, never mind the scale.
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ForestHermit
Hermit


Registered: 04/06/10
Posts: 311
Last seen: 14 years, 29 days
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Re: Say I was busted on the street. [Re: BEEP]
#12371609 - 04/11/10 07:02 AM (14 years, 1 month ago) |
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Quote:
BEEP said: I want to go over a few scenarios.
Lets say hypothetically I sell to some kind of informant or I was being set up and they pick me up on distribution and everything that goes along with it, is that enough to search my place of residence just on probable cause? If not, is it enough evidence to get a search warrant and how likely would that be unless they where already on to me?
What if there was already an active investigation on me would they conduct a search at the moment they see me doing something illegal or would they wait for some kind of perfect moment?
I've also heard rumors that if I have a scale on my person (along with drugs) that's an instant distribution charge, even if I really just want to dose accurately at the place I'm going, is it true and would that be enough to get a search warrant?
A scale would show intent to distribute in many states in the eyes of the law, even just having an unusually large amount of cash esp in odd denominations can be intent to distribute in many states according to cops. They'll use any excuse they can to try and nail you for as much as they can. The definite cinch on intent to distribute charges is multiple baggies of anything illegal even if its only two, I've seen them use intent to distribute.
Generally though if you get busted on the street especially for simple posession it'd very unlikely for them to get probable cause to search your house. If you get intent to distribute then they might be able to depending on circumstances but still not very likely. They'd have to bust you leaving your house or otherwise link your house to potential illegal activities directly.
Always refuse a body search and all searches. It can never hurt and can often help.
Always keep your mouth SHUT. Nine out of ten convictions come from the accused's own words and testimony no matter how innocent you think, what youre saying is. It can never help and will always come back to haunt you.
If you havent at least watched the videos, stickied at the top of this forum please do.
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