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Invisibleo8u
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Re: Ask an Attorney [Re: Enlil]
    #20803998 - 11/06/14 10:44 PM (9 years, 2 months ago)

Can a police officer pull you over for having stickers associated with drug culture and appearing nervous?


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Re: Ask an Attorney [Re: Enlil]
    #20804097 - 11/06/14 11:07 PM (9 years, 2 months ago)

What's the bare minimum an officer needs to observe to make a legal stop, assuming there hasn't been a traffic violation or an issue with tags?


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Re: Ask an Attorney [Re: Enlil]
    #20804569 - 11/07/14 05:25 AM (9 years, 2 months ago)

Yeah, thanks for answering, I realize that wasn't a very good question. I ask because what I've been reading says that reasonable suspicion is enough to initiate a traffic stop, which has a lower burden of proof than probable cause:

http://www.shouselaw.com/terry.html
http://en.wikipedia.org/wiki/Reasonable_suspicion#Traffic_stops


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Re: Ask an Attorney [Re: Enlil]
    #20804844 - 11/07/14 08:10 AM (9 years, 2 months ago)

Thanks, but I'm unclear why stickers associated with drug culture and appearing nervous wouldn't be enough for reasonable suspicion. I know that each on their own wouldn't be enough, but taken together seem like something a cop could successfully argue led them to be reasonably suspicious.


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Re: Ask an Attorney [Re: Enlil]
    #20804894 - 11/07/14 08:30 AM (9 years, 2 months ago)

Thanks a lot for answering. This is an awesome thread.


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Re: Ask a defense attorney [Re: Anonymous #65]
    #20922691 - 12/03/14 01:30 PM (9 years, 1 month ago)

Why do you need IV saline? It has a pretty good oral bioavailability.


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Re: Ask an Attorney [Re: leschampignons]
    #21124733 - 01/15/15 11:47 AM (9 years, 14 days ago)



Edited by o8u (01/15/15 01:27 PM)


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Re: Ask a defense attorney [Re: Ran-D]
    #21138425 - 01/18/15 12:57 PM (9 years, 11 days ago)

Here's an article from a law enforcement magazine that summarizes the extent of deception cops can use and cites Supreme Court decisions that have upheld the practice: http://www.policemag.com/channel/patrol/articles/2007/01/point-of-law.aspx


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Re: Ask a defense attorney [Re: Alan Rockefeller]
    #21167900 - 01/23/15 04:13 PM (9 years, 6 days ago)

In PA the legal limit for marijuana DUI is 1 ng/mL of THC or its metabolites, but the state has to prove impairment for a conviction.


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Re: Ask an attorney [Re: vandago]
    #21433356 - 03/19/15 08:38 PM (8 years, 10 months ago)

I bet you a million dollars you win that case.


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Re: Ask an attorney [Re: Anonymous #51]
    #21434187 - 03/20/15 12:22 AM (8 years, 10 months ago)

They need probable cause that someone committed a crime to arrest them, and a witness statement can constitute probable cause.


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Re: Ask a defense attorney [Re: Enlil]
    #21550424 - 04/15/15 10:02 AM (8 years, 9 months ago)

Say someone finds some psychedelic mushrooms growing in the wild and he bends over to eat them directly without picking or handling them. Would this skirt possession laws?


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Re: Ask a defense attorney [Re: Enlil]
    #21550498 - 04/15/15 10:30 AM (8 years, 9 months ago)

Thanks for the answer. As a follow up, at what point in this scenario would the mushrooms become contraband?

1. Notices mushrooms
2. Recognizes them as a psychedelic species
3. Decides he wants to eat them
4. Bends down
5. Takes a bite


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Re: Ask a defense attorney [Re: Enlil]
    #21550604 - 04/15/15 10:59 AM (8 years, 9 months ago)

Interesting. Thank you very much!


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Re: Ask a defense attorney [Re: Enlil]
    #21550630 - 04/15/15 11:08 AM (8 years, 9 months ago)

That's useful information. Thanks again.


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Re: Ask an attorney [Re: Enlil]
    #21737465 - 05/29/15 04:15 PM (8 years, 7 months ago)

Quote:

Enlil said:
Employers can use pretty much whatever criteria they want when deciding who to hire, unless that criteria is specifically against statute.  THC is in a bit of a transition, however, because in California, it is a medically prescribed drug, and the argument can be made that discriminating based on it's use is discriminating based on a medical condition...which gets into ADA territory.

Of course, the ADA is federal law, and THC is illegal federally.

The times, they are a changin' though.  We'll see what the future holds.




THC is actually a legally prescribed drug throughout the US and is Schedule III under the brand name Marinol (generic name dronabinol). It is approved by the U.S. Food and Drug Administration (FDA) in the treatment of anorexia in HIV/AIDS patients, as well as for refractory nausea and vomiting of patients undergoing chemotherapy.


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Re: Ask a defense attorney [Re: vandago] * 1
    #21742013 - 05/30/15 06:04 PM (8 years, 7 months ago)

Wow, talk about luck. Stop drinking and driving and do something nice for a homeless guy. You hit the legal lottery.


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Re: Ask a defense attorney [Re: Enlil]
    #21778561 - 06/08/15 12:24 PM (8 years, 7 months ago)

How likely are cases challenging the NSA domestic spying programs to reach the Supreme Court?


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Re: Ask a defense attorney [Re: trippinballs420]
    #21785543 - 06/09/15 08:50 PM (8 years, 7 months ago)

Quote:

trippinballs420 said:
what are your views on this? what would you get charged with, spoliation of evidence? tampering with evidence? or just littering




also how is that legal for the cop to shoot straight up in the air like that at some balloons?





Criminal Masterminds is a comedy series on youtube.


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Re: Ask a defense attorney [Re: fuzzysig]
    #21871211 - 06/28/15 11:18 PM (8 years, 6 months ago)



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