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Gardennub
Stranger
Registered: 10/24/18
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Re: Ask a defense attorney [Re: Enlil]
#25578674 - 10/30/18 12:47 PM (5 years, 4 months ago) |
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Hi Enlil,
Thank you for hosting this thread! One of the "common misconceptions" you posted about was needing probable cause or a warrant to search someones private property. What is actually required?
I know one way police can search your property is to trick you into "inviting" them to check your stuff. Is it legal for them to lie to you, saying something like, "You are required to let me search your car" with the intention of getting you to tell them they may.
Thank you
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Gardennub]
#25579214 - 10/30/18 04:56 PM (5 years, 4 months ago) |
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It depends. For a home, a warrant is usually, but not always, needed. For the passenger compartment of a vehicle during a stop, reasonable suspicion that a weapon may be present. For the trunk, probable cause.
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Jokeshopbeard
Humble Student
Registered: 11/30/11
Posts: 26,088
Loc: Deep in the system
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Re: Ask a defense attorney [Re: Enlil]
#25579226 - 10/30/18 05:03 PM (5 years, 4 months ago) |
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What kind of exceptions would there be that would allow a home search sans warrant?
-------------------- Let it be seen that you are nothing. And in knowing that you are nothing... there is nothing to lose, there is nothing to gain. What can happen to you? Something can happen to the body, but it will either heal or it won't. What's the big deal? Let life knock you to bits. Let life take you apart. Let life destroy you. It will only destroy what you are not. --Jac O'keeffe
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Exigent circumstances.
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Gardennub
Stranger
Registered: 10/24/18
Posts: 58
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Re: Ask a defense attorney [Re: Enlil]
#25580949 - 10/31/18 08:06 AM (5 years, 4 months ago) |
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Quote:
Enlil said: Exigent circumstances.
Can a cop claim "exigent circumstances" because he "heard a scream" or something that cant be substantiated in court? Or does it need to be a fire or reported active threat?
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bodhisatta
Smurf real estate agent
Registered: 04/30/13
Posts: 61,891
Loc: Milky way
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Re: Ask a defense attorney [Re: Gardennub]
#25581142 - 10/31/18 09:25 AM (5 years, 4 months ago) |
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I would think the entire nature of exigent circumstances would basically be "i smelled or heard something" and a cops word vs yours.
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Anonymous #154
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Re: Ask a defense attorney [Re: bodhisatta]
#25581581 - 10/31/18 12:01 PM (5 years, 4 months ago) |
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It doesn't matter. This is America. All a cop needs to do is go into someone's house, shoot them and be like yea I came illegally but than I felt threatened so I shot them. Their fault. Paid administrative leave, pension intact. The whole works.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Gardennub]
#25582694 - 10/31/18 07:48 PM (5 years, 4 months ago) |
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Quote:
Gardennub said:
Quote:
Enlil said: Exigent circumstances.
Can a cop claim "exigent circumstances" because he "heard a scream" or something that cant be substantiated in court? Or does it need to be a fire or reported active threat?
No. It's going to take more than a cop's words.
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Anonymous #152
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Re: Ask a defense attorney [Re: Enlil]
#25586968 - 11/02/18 02:11 PM (5 years, 4 months ago) |
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Enlil someone works for a temp job agency and is concerned about two incidents. One is about job offer that was accepted, and then after the job is accepted, the recruiter notifies that the pay is actually lower than discussed. Another is the person told the agency to no longer put them in jobs that will have hazardous breathing conditions. Soon after, the agency tells the person they have a warehouse position. Person accepts. Person gets there and turns out it is a very small metal work shop and the job is grinding metal all day.
Is there anyway the person can file a complaint as to let the agency know it is not ok to lie? Who to complain to?
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Well, it doesn't sound like you have a whole lot to complain about. You have been free to turn down any of these jobs at any time. Yeah, it sucks that they couldn't deliver what they promised as far as pay, and that they don't respect your conditions, but ultimately, they have no duty to give you exactly what you want. They give you an assignment, and you take it or you don't.
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Anonymous #152
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Re: Ask a defense attorney [Re: Enlil]
#25589184 - 11/03/18 02:09 PM (5 years, 4 months ago) |
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Enlil I have a question regarding filming in public after watching youtube videos, type in public freakout and there are a series of videos of people flipping out at walmart and stuff. Sometimes people say that it is against the law to film them, and others say it is allowed. What are the laws regarding filming someone flip out say at a walmart like on the videos?
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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There is no expectation of privacy for people in public. You can film it. The only problem comes if you try to exploit that footage for financial profit, such as in a monetized youtube channel.
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Anonymous #152
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Re: Ask a defense attorney [Re: Enlil]
#25602030 - 11/08/18 10:34 PM (5 years, 4 months ago) |
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Enlil I'm worried my dad is trying to scam my mom. He wants my mom to get a loan in her name for a car and house. He sounds very suspicious and insincere. I'm almost positive he wants to leave her for someone else and leave her in debt. My mom has no clue why after all these years of renting and living practically check to check, all the sudden he really wants her to get a loan in her name. He won't leave her alone about it. The way he talks about it sounds very unnatural and very insincere, I swear it's a scam. He's very untrustworthy and abusive. My mom doesn't want to and I even told my mom not to and we agree it seems suspicious.
Is there anything we should keep in mind to further protect my mom from him scamming her? What usually happens in cases like this, is he likely to forge her signature on something? Should we research if he opened up some sort of suspicious insurance policy or maybe he has already done something to set her up? He would do something like this. I'm just worried. I think he is giving up on life and wants to make some sort of move. He keeps talking about social security and he's been talking to shady people who convince him he can get into flipping houses or investing in things. He's also very gullible and has been scammed before. Do you think it's possible he's going to leave her scammed or possibly kill himself? Are these symptoms of anything in particular? It's strange because he seems to not have any plan or desire to put any of the grand kids through college. He didn't put any of his kids through college either nor did he ever take us to the doctor or dentists. He only let us live there and my mom supported and took care of us. I just have a bad feeling, he's acting very suspicious. I know he owes the IRS money and one time he made my mom owe the irs too and she got mad and said he wronged her, he likes doing this kind of stuff to her. And one time when my mom was going to become a permanent U.S. citizen, he filed her for just a temporary renewal. He's sick and likes to screw my mom over.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Sounds like a healthy relationship. Why would she ever make a large purchase at this point? She should just flat out refuse.
He can't take out a life insurance policy on her without her knowing.
As to the questions about suicide, that's out of my expertise.
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Sulfurshelfsean
Defender of Cubes
Registered: 07/29/10
Posts: 4,077
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Re: Ask a defense attorney [Re: Enlil]
#25616705 - 11/15/18 03:31 PM (5 years, 4 months ago) |
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Hello Enlil. I was recently brought in for criminal mischief: reckless property damage. The officer told me hewasnt going to charge me with the class D felony it could have been and went for a lesser degree. I received a call from my public defender today letting me know that my court date was moved and that the ADA was charging me with a felony. She didn't say what. The long and short of my question I guess would be, can the ADA change the charges, or was I perhaps lied to by the officer? I was given an appearance ticket for the offense, section 145.0003 of the penal law. I am from upstate NY.
-------------------- Everything is better when it is done ON TOP OF A MOUNTAIN!
Edited by Sulfurshelfsean (11/15/18 03:34 PM)
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Anonymous #159
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Enlil,
This already posted to you in private, but figured it would be good to post on thread too, no? In any case..
A friend of mind ordered spore prints from the Free SPore Ring Espana )Spain) and has received a letter from the US Postal International Research Group, stating that the SPAIN gov wants to know if my friend received the letter.
It was sent with tracking by FSPR Espana. My friend has not answered the letter, but is deathly afraid now. Could you please advise? THank you.
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MysticMoteToter
Registered: 07/26/15
Posts: 2,036
Loc: Who nose.
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Re: Ask an attorney [Re: Enlil]
#25620962 - 11/17/18 12:47 PM (5 years, 4 months ago) |
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Since psychedelics will not be legal in the foreseeable future, I was wondering if it would be possible to form a "religion" that incorporates all classical psychedelic states into the form of "worship/sacrament". Basically just wondering if there's a way to form a religion in order to legally use/obtain psychedelics without legal repercussions.
It wouldn't take donations, ideally wouldn't need a place of worship, wouldn't have preachers/formal congregations that try to explain "why were here", etc, or a mold which to follow.
Basically a "religion" just stating that psychedelic's are tools given by "God", whatever that may be, and access to them is a human right that should be available to people wanting to attain different states/perspectives on what it means to exist, and their particular journey through life. Not saying that people would all get together and trip, but rather that people have a right to have access to these substances as tools for self-growth.
Could this even be considered a religion, is there a sort of checklist needed to form a legitimate, legally recognized religion in the United States? Thanks for your time.
-------------------- Half Homo Hardly Sapient Overview Effect Fuck War, Feed Birds.
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Enlil
OTD God-King
Registered: 08/16/03
Posts: 66,981
Loc: Uncanny Valley
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Even if it were recognized as a legitimate religion, that wouldn't mean that people could use controlled substances legally. That's not how the 1st Amendment works. You would have to get Congress to pass a law specifically exempting religious use of the substances.
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Alan Rockefeller
Mycologist
Registered: 03/10/07
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Quote:
Sulfurshelfsean said: Hello Enlil. I was recently brought in for criminal mischief: reckless property damage. The officer told me hewasnt going to charge me with the class D felony it could have been and went for a lesser degree. I received a call from my public defender today letting me know that my court date was moved and that the ADA was charging me with a felony. She didn't say what. The long and short of my question I guess would be, can the ADA change the charges, or was I perhaps lied to by the officer? I was given an appearance ticket for the offense, section 145.0003 of the penal law. I am from upstate NY.
The police don't decide what to charge you with, the DA decides that based on the report that the police write. Sounds like the cop cut you a little bit of a break, as it's easier to get released on a misdemeanor arrest, but the DA read it and thought they could make a felony out of it.
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Sulfurshelfsean
Defender of Cubes
Registered: 07/29/10
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Ok that makes sense.Thank you.One more question if I may? At the time of my arraignment I was able to qualify for a public defender. If I am able to get enough money to hire a different attorney, am I able to do that? I know if you have hired an attorney you can fire them at any time but is it up to the judge's discretion when it comes to a public defender?
-------------------- Everything is better when it is done ON TOP OF A MOUNTAIN!
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