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NizzyJones
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Re: Ask a defense attorney [Re: Enlil]
#16551563 - 07/18/12 08:34 PM (11 years, 6 months ago) |
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I'm not sure how much you can speak to the way curtilage is currently handled in general but I assume it's more or less the same state-to-state since it's primarily based on the 4th. Specifically I'm interested in how it relates to a house on gated property, with the gate locked. First how would it relate to a gate and no wall so that it still allows foot access to a driveway marked 'No Trespassing', that is what level of evidence or suspicion would be enough for law enforcement officers to enter. My first guess is 'none' but I figure it's worth asking.
Second what if you have the gate set into a wall or hedgerow so that it doesn't allow foot access? Is there any difference?
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NizzyJones
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Re: Ask a defense attorney [Re: Enlil]
#16559337 - 07/20/12 10:20 AM (11 years, 6 months ago) |
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And that's why when they do the Terry patdown they'll frequently ask something like "What is this?" while pressing on something they suspect is contraband - they're trying to get you to admit it is so they don't have to fight the suppression motion later, or at least make it easier.
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NizzyJones
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Re: Ask a defense attorney [Re: Enlil]
#16561228 - 07/20/12 04:56 PM (11 years, 6 months ago) |
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Ha ha! Penis.
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NizzyJones
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Re: Ask a defense attorney [Re: Diploid]
#16591986 - 07/26/12 11:28 AM (11 years, 6 months ago) |
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Quote:
Diploid said: Say I'm caught selling drugs and my laptop where I keep the contact info for all my customers and accounts is confiscated. The cops (or a judge) find that I use encryption to protect my data and they demand my password.
Can I be compelled to give up the password? Considering that I'm being asked to give up the content of my mind, it reads like testifying against myself. On the other hand, passwords have been likened to keys in my pocket which can be confiscated to open a safe containing incriminating documents.
What if my password is the phrase "I am a drug dealer." and so by giving up my password, I've now been compelled to give a confession without consent?
I know there is still very little case law, but what's your take on how this will eventually be resolved?
http://news.cnet.com/8301-31921_3-57364330-281/judge-americans-can-be-forced-to-decrypt-their-laptops/
This is a pretty good article on the state of the law in that area. Lower courts have come down on both sides of it.
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NizzyJones
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It's very unlikely an informant reporting that you were around frequently would be enough for them to come after you unless they could also demonstrate you knew about the illegal activity and actually did something to help him commit it. And I can't see how teaching him to grow edibles could reasonably be construed as helping him grow 'non-edibles'.
As far as I know all grand jury proceedings are sealed and secret and some places require criminal indictments to be brought by a grand jury so I would imagine that you're just getting the second-hand "telephone" version of that explanation.
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Edited by NizzyJones (08/05/12 01:34 PM)
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NizzyJones
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Quoting your post from the previous page: Quote:
No. They came to serve a bench warrant for unpaid fines and he pulled up to his house with his paycheck cashed in his pocket. The cops grabbed ho's keys and despite him stating repeatedly that he did not want them to go in they just went in anyway. Either they are now watching him or are considering other factors (such as half the shrooms and dro walking out of the evidence room. Which is cool, because it kept him under the federal minimums. ) also, when they made the bust, they did not call for backup or don the space suits and evacuate the area. These cops had no idea what they were going to find. They said"we don't feel comfortable with this much money so were putting it in your trailer. They smelled marijuana smoked and they said they were searching the rest of the house. They left everything that could have made a cultivation case other than some fruiting grow bags. Pc, tubs, jars, even two petri dishes fully colonized. Left there. I also found his hard drug stash and an ounce of shrooms and a couple eights of dro just strewn throughout his house. Ho's lawyer says it sounds like he got set up, but they would have handled it way differently.
I don't even know where to begin with how fucky that situation sounds. I guess depending on how they wrote the report they could try to get by with the supposed suspiciousness of someone with a warrant out for unpaid fines having that much cash. And since they allegedly smelled pot once in the house they may have smelt something on him or just independently arrived at the notion he looked high.
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Edited by NizzyJones (08/05/12 04:55 PM)
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NizzyJones
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Re: Ask a defense attorney [Re: Diploid]
#16654401 - 08/06/12 03:40 PM (11 years, 5 months ago) |
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Sounds like a reasonable figure, yeah.
Anon #9: Pretty much the only way you'll get your own Saul Goodman is if you know a lawyer who literally trusts you with his life. There aren't too many ways to make that kind of friend, and none I can think of envolve going out looking for a dirty lawyer.
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NizzyJones
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What? He's just said "I don't think that possession of it should be a crime" in the post you're quoting.
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NizzyJones
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Re: Ask a defense attorney [Re: Enlil]
#16673281 - 08/09/12 08:11 PM (11 years, 5 months ago) |
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NizzyJones
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Re: Ask a defense attorney [Re: Enlil]
#16736029 - 08/21/12 11:29 AM (11 years, 5 months ago) |
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Best bet there: tell your roommates to pickup their shit so that it's not in the common areas.
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NizzyJones
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Going from what he said above it probably matters when the offenses occurred relative to your entering law school.
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NizzyJones
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Just to save enlil fielding this one: Stipulation (n) - demand or specify (a requirement), typically as part of a bargain or agreement.
In the legal field it just means they're formally stating the requirements of the deal to the court.
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NizzyJones
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Ouch, man. With the glovebox locked I believe they'd have needed a warrant to open it without the confession, and as Enlil said above they'd need a pretty good reason to have begun tossing the trunk
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Edited by NizzyJones (10/05/12 10:04 AM)
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NizzyJones
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Interesting - I hadn't heard the phrase used in that context before but always to describe laws indemnifying people from civil liability for injuries they caused while helping someone experiencing a health emergency.
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NizzyJones
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Wow. A drug law which actually puts some harm reduction into place. Go Washington!
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NizzyJones
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Re: Ask a defense attorney [Re: kyoinwyo]
#17129506 - 10/30/12 09:32 AM (11 years, 2 months ago) |
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They may or may not have seen anything when opening the door but your confession makes it irrelevant Sorry bud, you can never trust the police. When they say "it'll be easier for you" they mean "it'll be easier for me".
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NizzyJones
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Since they're both 'real' I don't see how. If there's any discrepancy in the information on them and you accidentally gave a cop the older one they might be able to get you for obstructing an investigation but that's pretty unlikely.
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NizzyJones
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Re: Ask a defense attorney [Re: Enlil]
#17332320 - 12/04/12 12:14 PM (11 years, 1 month ago) |
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Quote:
Enlil said: Of course not.
Whether he was subject to civil liability for breach of contract is another question...one that could only be answered after a thorough review of the contract and the relevant state law.
There's also a case making its way toward the SCOTUS where a farmer who raised some GMO Soy, sold the soy to a wholesaler and then for a second planting bought commodity soybeans to plant which happened to have at least some GMO genetics. The GMO seed manufacturer claims that he's still in breech of contract despite not having retained any seed from the GMO crop because he's just selling the beans, then (potentially) buying some of them back for less than the GMO seed company would have charged him while still benefiting from their IP.
So, essentially, what you said: the details of the contract matter but there's also ambiguity in the law to deal with so there are even more specifics we can't reasonably get into here or which are undecided law.
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Edited by NizzyJones (12/04/12 12:19 PM)
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NizzyJones
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They'd probably charge her and let the lawyers/jury sort it out. Better not to get there at all.
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NizzyJones
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Re: Ask a defense attorney [Re: Revok]
#17568015 - 01/18/13 01:37 PM (11 years, 11 days ago) |
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They aren't. The bill of rights applies to the federal government (and later through amendment to the states).
The civil rights acts make it illegal for private organizations to discriminate based on race or religion or certain other 'suspect classes' but it doesn't apply any generic rights to freedom of expression et al at work or in businesses.
If you have a more specific question we might be able to give more info?
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Edited by NizzyJones (01/18/13 01:44 PM)
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