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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Ask a defense attorney [Re: Seuss]
#16695531 - 08/13/12 08:01 PM (11 years, 9 months ago) |
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Quote:
Seuss said: > FYI, in case you're not aware, you should never check a USPS DCN on their web site using TOR.
I've got a package coming to me from the US. As soon as I get the tracking number, I will start nailing it with TOR and report back if the package was opened / inspected. I'll do the same thing next time I send something to the US, but that happens a lot less frequently.
Awesome Seuss- some shroomery research.
Enlil: I had a general question regarding securing objects (say small amounts of drugs, like a baggy of marijuana) against search in a motor vehicle to the extent possible. A big problem besides obvious probable cause things would seem to be terry stops- I read a case where some guy was arrested or detained, handcuffed, and in the back of a cruzer, and the cop opened a locked trunk, found a gun, and the search was ruled legal via Terry as an officer safety issue- I guess the guy could have broken the handcuffs, broken the cruzer door, broken open the trunk, got the gun, and shot the officer. This was not a search incident to arrest or inventory or anything like that.
My thoughts, when people asked me, was that a small locked container that you don't physically have the ability to open and which is too small to easily hold a gun could be placed in a trunk and provide reasonable protection against warantless searches. What do you think?
If you couldn't physically open the box at the time, couldn't even access it without leaving the car, and there was no warrant, it would seem hard to justify doing anything other than impounding the car/box and applying for a warrant. What do you think?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: johnm214]
#16695576 - 08/13/12 08:09 PM (11 years, 9 months ago) |
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As far as I know, the SCOTUS has never upheld a terry frisk of a locked trunk...but that could change at any time...
Keep in mind that terry isn't limited to guns...if the container is small enough that it couldn't hold a weapon of any kind..then it probably can't be broken open for a terry frisk.
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Ask a defense attorney [Re: Enlil]
#16696004 - 08/13/12 09:44 PM (11 years, 9 months ago) |
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Quote:
Enlil said: As far as I know, the SCOTUS has never upheld a terry frisk of a locked trunk...but that could change at any time...
Keep in mind that terry isn't limited to guns...if the container is small enough that it couldn't hold a weapon of any kind..then it probably can't be broken open for a terry frisk.
Ok, I was mistaken, I conflated my idea (locked small container in locked trunk) with the actual case.
The case was as described, but with the gun in a locked glove box and the defendant inside a cruiser.
Quote:
More problematic is whether there is reason to believe that a suspect "may gain immediate control" of a weapon in a locked glove box, particularly when the suspect is in the patrol car, detained by a police officer, while another officer looks in the glove box of the suspect's car....
If Defendant had broken away from the officers, obtaining a gun from inside the glove box would have taken only a moment more than obtaining a gun from anywhere else within the passenger compartment. To be sure, the tasks of getting a key and unlocking the glove box would delay Defendant somewhat; but a suspect who is able to break free of officers detaining him could also seize the keys, and the suspect may have another means of entry to the glove box, such as a key that would not be detected during a proper frisk or a weapons search of the vehicle. Furthermore, Defendant would have access to the gun at the conclusion of the encounter, assuming that he was only issued a citation and not arrested.
http://ca10.washburnlaw.edu/cases/2004/03/03-5115.htm
What do you think of this rational to allow the search of the glove box? Seems pretty absurd to me. It seems this is how these searches expand to ridiculous lengths: a general exception to warrant requirements is made: danger to the officer. Then it gets ratcheted up case by case till suddenly a guy in police custody needs to have his car's locked glove box searched because he might break out of the police car, steal the keys to the glovebox from the police, open the door, unlock the glove box, open the box, take out the gun, and then threaten the cops.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: johnm214]
#16697274 - 08/14/12 05:12 AM (11 years, 9 months ago) |
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That's how these things go. A right is defined, and then the contours of that right are determined over time by different cases. Terry doctrine, like many legal doctrines, is in flux.
Having said that, I don't believe the case you link was heard by the SCOTUS, and I am not convinced that it would be upheld at that level. That case is only binding in the tenth circuit at this point...assuming that it hasn't been overturned by subsequent case law.
It is a bit of a stretch of Terry, but only because the glove box was locked. At some point, the SCOTUS will draw a line beyond which no terry frisk can cross...Where that line will be, I cannot say.
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Anonymous #13
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Re: Ask a defense attorney [Re: Enlil]
#16707516 - 08/16/12 12:01 AM (11 years, 8 months ago) |
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How does Western Union work in terms of receiving money for illegal sales? Do they track and investigate on it frequently?
Lets say someone receives money from someone through Western Union and the money is for a drug sale. (Can be well over $500) Would they ask for ID? If suspicious can they get the feds involved and investigate the case?
Plus what if the person receiving the money gets raided and has nothing illegal in the house? Can he/she be persecuted for having received the money?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Western union has no idea what the money is for. They don't investigate anything except fraudulent transfer of funds.
As far as what they report, they have to report under the anti-money-laundering act like everyone else does if the transaction appears suspicious or is over the threshold amount.
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Stonehenge
Alt Center


Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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Re: Ask a defense attorney [Re: Enlil]
#16709712 - 08/16/12 01:42 PM (11 years, 8 months ago) |
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If the wu transaction is $1000 or more they are required to ask for certain forms of id. They are also alert for "structuring" to avoid the requirement like for instance $600 today and $700 tomorrow. If the amount is over $10,000 then they need even more id etc plus a form filled out to be sent to govt. The $1000 thing works across the board at a lot of places like getting a money order from walmart or elsewhere.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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Anonymous #13
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Re: Ask a defense attorney [Re: Stonehenge]
#16709980 - 08/16/12 02:33 PM (11 years, 8 months ago) |
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Isn't there a "waive ID" option? Does that not apply when recieving over $1000?
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fuckmylife12
Stranger

Registered: 08/02/12
Posts: 222
Last seen: 8 years, 5 months
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Re: Ask a defense attorney [Re: Enlil]
#16709990 - 08/16/12 02:34 PM (11 years, 8 months ago) |
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Mod Edit: This is not OTD.
Edited by Diploid (08/16/12 02:41 PM)
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Doc_T
Random Dude




Registered: 03/06/09
Posts: 42,395
Loc: Colorado
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Re: Ask a defense attorney *DELETED* [Re: fuckmylife12]
#16710015 - 08/16/12 02:37 PM (11 years, 8 months ago) |
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Post deleted by Doc_TReason for deletion: x
-------------------- You make it all possible. Doesn't it feel good?
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fuckmylife12
Stranger

Registered: 08/02/12
Posts: 222
Last seen: 8 years, 5 months
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Re: Ask a defense attorney [Re: Doc_T]
#16710023 - 08/16/12 02:38 PM (11 years, 8 months ago) |
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Is that better?.. (srs)
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Stonehenge
Alt Center


Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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>Isn't there a "waive ID" option? Does that not apply when recieving over $1000?
Anon13, i don't know for a fact because i've never tried to receive over 1k by wu. It stands to reason they do require it. I think the waive id feature is only for smaller amounts. Maybe someone with more experience can weigh in on that end of it?
As for depositing money orders or checks, there is no problem even if large. They just put a hold on it until it clears.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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Anonymous #8
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Re: Ask a defense attorney [Re: Stonehenge] 1
#16714264 - 08/17/12 11:07 AM (11 years, 8 months ago) |
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waive ID works for under 900$, sometimes you will get a clerk who says it's necessary for under 900$ by a store policy which is generally wrong but probably best not to push considering the reason you are sending.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Diploid]
#16721008 - 08/18/12 02:49 PM (11 years, 8 months ago) |
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I heard this story on NPR about a lawyer who's looking at jail time and disbarment for doing a Saul Goodman with a drug case. Thought it apropos so here's an excerpt.
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For more than 30 years, Charles Daum made a living by defending people accused of run-of-the-mill crimes. Then he met a charismatic Washington, D.C.-area man charged with distributing cocaine.
What happened next is a plot worthy of a television crime drama.
The accused drug dealer, Delante White, turned the tables and helped convict his own defense lawyer of manufacturing evidence and putting on false testimony to help the drug dealer's case.
Assistant Attorney General Lanny Breuer said the Justice Department pursued the unusual case because Daum crossed the line. "You do not get to manufacture evidence," Breuer said. "You do not get to suborn perjury. You do not get to have people purposefully lie and mislead.
"And that's what we believe occurred in this case and that's what Mr. Daum was found guilty of."
Some of the most potent evidence turned out to be phone calls that White made to his friends and family members from inside jail, where all inmate calls are recorded as a matter of course.
Take this call, from September 2008. While White is on the line, from inside jail, his longtime girlfriend, Candice Robertson, calls the lawyer's office and gets his secretary.
"Mr. Daum there?" Robertson asks.
The secretary replies that she is still waiting for Daum to come in.
"OK, tell him I'm going to come this morning because I went to New York to get the stuff that he want me to get," Robertson says.
The secretary repeats the message, as she jots it down: "You went to New York to get what he wanted you to get."
"Yes," Robertson confirms. "Tell him I got a 4-3."
That stuff the defense lawyer wanted her to get was a pair of men's Gucci boots, size 43 — a decoy — one size smaller than a pair the police photographed in White's home. The size 43 boots wouldn't fit on White's size 45 feet.
Justice Department prosecutors say the fancy boots were just one part of an elaborate scheme to point the finger away from White.
The rest of the story is at NPR.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Anonymous #14
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Re: Ask a defense attorney [Re: Enlil]
#16722055 - 08/18/12 06:12 PM (11 years, 8 months ago) |
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I live in a house with some pretty irresponsible roommates. They smoke, drink, and party all the time and they deal weed too. We live in a family oriented neighborhood, so I'm sure this behavior doesn't go unnoticed.
As it stands, I don't currently have the financial ability to pay all the fees to terminate the lease and find a place to live on my own. Its my own fault for choosing to live in a place like this, but how can I protect myself against possible legal backlash?
I figure I'll get a lock on my door to prevent it being searched in case the rest of the house is, but other than that, is there anything I can do?
Don't get me wrong, I want to move out, but I just can't afford to at the moment.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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I would guess that the illegal activity going on in the house would be taken as a "constuctive eviction" which would allow you to break the lease without any further obligation...having said that, the state you're in might require that you give the people notice and time to cure the problem...ie...stop the illegal activity.
If that still isn't an option, you can simply make sure that none of the illegal activity or substances are in your private area within the dwelling. It isn't foolproof, however, and you might still have a lot of explaining to do in the event of a raid.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#16723334 - 08/18/12 10:21 PM (11 years, 8 months ago) |
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There are dishonest people in every profession, but I am pretty proud to say that lawyers are generally among the most honest people you can find...in addition, we are scrutinized more than just about any other profession which tends to keep us honest.
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joshisstoned
Motorcycle Enthusiast


Registered: 05/24/09
Posts: 3,544
Loc: Ohio
Last seen: 9 years, 9 months
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Re: Ask a defense attorney [Re: Enlil]
#16725594 - 08/19/12 09:50 AM (11 years, 8 months ago) |
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Enlil, I asked you earlier about my friend growing and busted with shrooms. Update, he got two years suspended sentence with three years probation. Your responses were helpful buddy. Thanks.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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That's good to hear. If he keeps his nose clean, he should be golden.
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LySergic D
Drink all day and rock all night


Registered: 10/20/11
Posts: 7,583
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Re: Ask a defense attorney [Re: Enlil]
#16727194 - 08/19/12 02:56 PM (11 years, 8 months ago) |
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An update on me, Im gonna be pleading guilty to 1 felony of delivery/manufacture. My lawyer got rid of the two other felony counts and the misdemeanor. I will also be getting my car back this week. Im not sure how long i will be going to jail but im fairly certain i will.
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Broken heart don't feel so bad You ain't got half of what you thought you had Rock you baby to and fro Not too fast and not too slow
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