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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Even if he does, he can only testify as to what he saw. He can't testify that the other officer told him x or y.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #12
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Re: Ask a defense attorney [Re: Enlil]
#16950486 - 10/02/12 07:22 AM (11 years, 8 months ago) |
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I have a question:
My supplier from europe (England) got arrested - my address information is safe because it was always sent through one time note expiration and encrypted, but I usually paid through paypal.
Is just having paypal transactions to this guy probable cause for a warrant? I live in North America - would they even bother for smaller transactions? (600$ was probably the max amount).
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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You're paying for felony illegal drugs with a traceable financial instrument? Please tell me this is a joke. 
Why did you bother to encrypt your address? If you sent it on a flaming post card, it would have exposed you less than a drug purchase with PayPal already has.
-------------------- 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 #12
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Re: Ask a defense attorney [Re: Diploid]
#16950592 - 10/02/12 08:12 AM (11 years, 8 months ago) |
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Quote:
Diploid said: You're paying for felony illegal drugs with a traceable financial instrument? Please tell me this is a joke. 
Why did you bother to encrypt your address? If you sent it on a flaming post card, it would have exposed you less than a drug purchase with PayPal already has.
In retrospect it wasn't the best idea but the guy was a friend - not some random contact.. Still no excuse but that is the past now - I can't really change it.
No address information was saved and all communication regarding drugs is wiped (as it was not through email or anything that was permanent). So in this regard is there anyway that paypal transactions would be able to be used against me? There is no link to drugs with them. They could have been for anything.
So my question is:
- Is the fact that there are paypal transactions enough to get a warrant? - Would they even bother considering it is over seas and small amounts, and the last transaction was months ago? - He was arrested around 2 weeks ago (just found out now) - If they were going to raid, how soon would it be after the arrest? - I don't have anywhere to clean house to - would a good idea to rent a storage unit for a month and store items in there with other random junk?
Edited by Anonymous (10/02/12 08:48 AM)
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Stonehenge
Alt Center


Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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I agree paypal is an incredibly bad way to buy or sell drugs.
>- Is the fact that there are paypal transactions enough to get a warrant?
If they can show probable cause that the transactions were for illegal drugs, yes.
>- Would they even bother considering it is over seas and small amounts, and the last transaction was months ago?
That is up to the authorities. If they think you will roll over and give valuable testimony, they may.
>- He was arrested around 2 weeks ago (just found out now) - If they were going to raid, how soon would it be after the arrest?
It could be a year later, the only time limit is the statute of limitations on the crime.
>- I don't have anywhere to clean house to - would a good idea to rent a storage unit for a month and store items in there with other random junk?
Under what name will you put the storage unit and how will you pay for it?
My guess is the chances are low but not zero that you will hear anything about it. His information that he sent you drugs months ago is not, imo, going to get them a search warrant for you today since its stale info. The chances of convicting you on his statement alone are zero. If you hear nothing in the next couple months i'd say don't worry but don't do anything dumb. And for heaven's sake don't use paypig for anything.
-------------------- “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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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Anonymous said: - Is the fact that there are paypal transactions enough to get a warrant?
Not by itself, no. Money changing hands is generally not enough for a warrant.
Quote:
- Would they even bother considering it is over seas and small amounts, and the last transaction was months ago?
Most likely not.Quote:
- He was arrested around 2 weeks ago (just found out now) - If they were going to raid, how soon would it be after the arrest?
There's no way to know, but it would take time for the information to get to the right US agency. Having said that, probable cause does get stale pretty quickly.Quote:
- I don't have anywhere to clean house to - would a good idea to rent a storage unit for a month and store items in there with other random junk?
The cops can get a warrant to search a storage locker with much less probable cause than it would take to get one for your home.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #23
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
#16952290 - 10/02/12 02:38 PM (11 years, 8 months ago) |
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Post deleted by AnonymousReason for deletion: none
Edited by Anonymous (10/02/12 02:42 PM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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An anonymous tip is enough for a search warrant if the tipster gives enough information that can be verified by the police. Usually, this has to include information about how he/she knows about the criminal activity, etc. Just a phone call saying "the guy at 1313 mockingbird lane is growing weed in his house" isn't enough for a search warrant.
As far as what is enough to investigate further...a hunch is more than enough for the police to do that.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #23
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would it be harder to get one for a place of business or home?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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A residence is the most highly protected place for 4th amendment purposes. Getting a search warrant for a business is not nearly as hard as getting one for a home.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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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: Enlil]
#16952665 - 10/02/12 03:23 PM (11 years, 8 months ago) |
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the tipster gives enough information that can be verified by the police
There was a guy here a few years ago who was growing in his house. His girlfriend got pissed at him for something and moved out. A few weeks later there was the po po kicking down the door based an a tip from her. Of course, she was able to give plenty of specific information to convince a judge. And funny how she was part and parcel to the grow while she lived there and benefited from the money the operation generated, but she didn't get in any trouble at all. Women get all the breaks.
That's pretty fucked up that anyone would do that to an ex, no matter what he did to piss her off.
-------------------- 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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GuruBushHippie
MountainMan


Registered: 04/28/11
Posts: 3,434
Loc: USA
Last seen: 6 years, 9 months
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Re: Ask a defense attorney [Re: Diploid]
#16953187 - 10/02/12 04:34 PM (11 years, 8 months ago) |
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Can I be persecuted for bouncing three checks in a row? I wrote three over the weekend at three different locations and they all bounced today. I'm only in debt $200, but is that enough for me to get into trouble?
EDIT: Prosecuted, not persecuted
-------------------- Two roads diverged in a wood, and I cut straight through the forest, and that has made all the difference.
Edited by GuruBushHippie (10/02/12 04:35 PM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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You can be persecuted for having long hair...prosecuted, on the other hand....
You can be prosecuted for intentionally writing bad checks, but you have to have known that they were bad checks at the time you wrote them. Most situations like this are never prosecuted. Instead, you'll likely just have to pay them plus a bounced check fee.
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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GuruBushHippie
MountainMan


Registered: 04/28/11
Posts: 3,434
Loc: USA
Last seen: 6 years, 9 months
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Re: Ask a defense attorney [Re: Enlil]
#16953346 - 10/02/12 04:58 PM (11 years, 8 months ago) |
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Quote:
Enlil said: You can be persecuted for having long hair...prosecuted, on the other hand....
You can be prosecuted for intentionally writing bad checks, but you have to have known that they were bad checks at the time you wrote them. Most situations like this are never prosecuted. Instead, you'll likely just have to pay them plus a bounced check fee.
That's what i figured. How would they even prove that I KNEW it was bad... other than the fact that I admitted it on the net.
-------------------- Two roads diverged in a wood, and I cut straight through the forest, and that has made all the difference.
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applesmasher420
CGI and Visual Effects Artist




Registered: 09/12/10
Posts: 3,293
Loc: Kekistan
Last seen: 4 days, 2 hours
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great stuff!
thank you so much enlil for the information!
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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: Enlil]
#16955257 - 10/02/12 09:40 PM (11 years, 8 months ago) |
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So I understand that a police officer can generally arrest me without cause if they feel like it and there's pretty much nothing I can do about it because they enjoy qualified immunity.
But if a civilian, say a store security guard, detains me for shoplifting and when the police arrive it turns out their investigation confirms I WAS NOT shoplifting, do I have recourse under tort laws to claim false arrest and go after the store? Is it strictly a civil matter or can it be a criminal case too? How does it differ from kidnapping?
What if the arrest is not by civilian store security personnel but by an off-duty police officer or a police officer out of his jurisdiction?
How does "false arrest" work?
-------------------- 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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GuruBushHippie
MountainMan


Registered: 04/28/11
Posts: 3,434
Loc: USA
Last seen: 6 years, 9 months
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Re: Ask a defense attorney [Re: Diploid]
#16955742 - 10/02/12 10:43 PM (11 years, 8 months ago) |
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Shit just went down. A dude who was up at my place for my neighbor's party got his car stuck in a ditch and called AAA. It attracted attention from other older neighbors who then called the cops. The dude got arrested on the grounds of DWI, but the cops never actually saw him operating the vehicle, nor did anyone admit to him having done so. Can they actually convict him of a DWI on the basis of just being drunk and being the owner of the car?
-------------------- Two roads diverged in a wood, and I cut straight through the forest, and that has made all the difference.
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Quote:
GuruBushHippie said: Shit just went down. A dude who was up at my place for my neighbor's party got his car stuck in a ditch and called AAA. It attracted attention from other older neighbors who then called the cops. The dude got arrested on the grounds of DWI, but the cops never actually saw him operating the vehicle, nor did anyone admit to him having done so. Can they actually convict him of a DWI on the basis of just being drunk and being the owner of the car?
I can almost guarentee he did admit to driving the car. This is always the way it turns out here.
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GuruBushHippie
MountainMan


Registered: 04/28/11
Posts: 3,434
Loc: USA
Last seen: 6 years, 9 months
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Re: Ask a defense attorney [Re: johnm214]
#16956245 - 10/03/12 12:08 AM (11 years, 8 months ago) |
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Quote:
johnm214 said:
Quote:
GuruBushHippie said: Shit just went down. A dude who was up at my place for my neighbor's party got his car stuck in a ditch and called AAA. It attracted attention from other older neighbors who then called the cops. The dude got arrested on the grounds of DWI, but the cops never actually saw him operating the vehicle, nor did anyone admit to him having done so. Can they actually convict him of a DWI on the basis of just being drunk and being the owner of the car?
I can almost guarentee he did admit to driving the car. This is always the way it turns out here.
yea they probably beat it out of him.
-------------------- Two roads diverged in a wood, and I cut straight through the forest, and that has made all the difference.
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johnm214


Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Quote:
GuruBushHippie said:
Quote:
johnm214 said:
Quote:
GuruBushHippie said: Shit just went down. A dude who was up at my place for my neighbor's party got his car stuck in a ditch and called AAA. It attracted attention from other older neighbors who then called the cops. The dude got arrested on the grounds of DWI, but the cops never actually saw him operating the vehicle, nor did anyone admit to him having done so. Can they actually convict him of a DWI on the basis of just being drunk and being the owner of the car?
I can almost guarentee he did admit to driving the car. This is always the way it turns out here.
yea they probably beat it out of him.
Or, more commonly so far as I've seen, lied to him and said they didn't care, or that they'd charge him with murdering a slew of children if he didn't come clean, or they get him to say something and they 'elaborate' in the police report to describe a full confession.
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