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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Psyche delics said: Would a civil matter mean he cant really do anything? Or?
Thank you for the advice!
He can probably evict you...unless you mean the officer. If the officer is told you're trespassing, he can order you to leave the roof. If you don't, he could arrest you.
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Anonymous #154
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Re: Ask a defense attorney [Re: Enlil]
#27632178 - 01/25/22 01:04 PM (2 years, 5 months ago) |
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if you go in for a job drug test. you fail. and as the person is filling out the paperwork she says, "this goes on the wall of shame" and then you realize the shelf behind you is filled with the urine samples for the past 30 years that failed and you can read their name and personal information. is this legal? proper? the person is not a doctor. they perform drug tests.
also let's say the person performing the test sniffed your sample.
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Anonymous #168
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Wtf? Did you go to “Moral High Horse Labs”??
Sounds like it’s ripe for a lawsuit. Curious what enlil says.
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Anonymous #175
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Quote:
Anonymous #154 said: if you go in for a job drug test. you fail. and as the person is filling out the paperwork she says, "this goes on the wall of shame" and then you realize the shelf behind you is filled with the urine samples for the past 30 years that failed and you can read their name and personal information. is this legal? proper? the person is not a doctor. they perform drug tests.
also let's say the person performing the test sniffed your sample.
If the testing facility is part of a health care organization like a hospital they may be in violation of HIPAA. If they are strictly an analytical lab then they may not be subject to HIPAA strictly speaking.
Assuming they were subject to HIPAA you would need to get an attorney or get the state's attorney general to sue for impermissible disclosures or mishandling of protected health information (PHI). This is subject to up to $25k per incident in fines, but there is no criminal penalty.
I am not a lawyer but do have many years experience in regulatory compliance matters.
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Anonymous #154
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It was for a mine and was an in house testing facility.
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Anonymous #128
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You got lucky from the sound of it.
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Anonymous #175
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Quote:
Anonymous #154 said: It was for a mine and was an in house testing facility.
Then they are not subject to HIPAA and you really don't have any recourse.
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Anonymous #154
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Quote:
Anonymous #175 said:
Quote:
Anonymous #154 said: It was for a mine and was an in house testing facility.
Then they are not subject to HIPAA and you really don't have any recourse.
so if you're a private agency you're allowed to display other people's bodily fluid with accurate personal information on it?
sweet.
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chibiabos
Cosmic Pond Scum



Registered: 03/16/17
Posts: 4,180
Last seen: 1 year, 3 months
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Re: Ask a defense attorney [Re: Enlil]
#27648380 - 02/06/22 02:18 PM (2 years, 4 months ago) |
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Quote:
Enlil said:
Quote:
Psyche delics said: Would a civil matter mean he cant really do anything? Or?
Thank you for the advice!
He can probably evict you...unless you mean the officer. If the officer is told you're trespassing, he can order you to leave the roof. If you don't, he could arrest you.
Speaking of trespassing, is it criminal trespass if somebody goes around a fence onto private property just figuring that the property owner won't care?
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Doc9151
Mycologist



Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 11 months
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Re: Ask a defense attorney [Re: chibiabos]
#27648458 - 02/06/22 03:51 PM (2 years, 4 months ago) |
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Quote:
chibiabos said:
Quote:
Enlil said:
Quote:
Psyche delics said: Would a civil matter mean he cant really do anything? Or?
Thank you for the advice!
He can probably evict you...unless you mean the officer. If the officer is told you're trespassing, he can order you to leave the roof. If you don't, he could arrest you.
Speaking of trespassing, is it criminal trespass if somebody goes around a fence onto private property just figuring that the property owner won't care?
Im no lawyer, but criminal trespass in Florida is what you are charged with AFTER you have already been trespassed from the property. In other words, your remaining on property that you've already been told by the owner to leave.
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  Psilocybe cubensis data collection thread. please help with this project if you hunt wild cubensis. https://www.shroomery.org/forums/showflat.php?Cat=0&Number=26513593&page=0&vc=1#26513593
Edited by Doc9151 (02/06/22 03:52 PM)
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Crazy_Horse
I’m Rick James, bitch!


Registered: 08/15/16
Posts: 13,918
Loc: Hampsterdam
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Re: Ask a defense attorney [Re: Doc9151] 1
#27648543 - 02/06/22 04:44 PM (2 years, 4 months ago) |
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Doc9151
Mycologist



Registered: 02/23/17
Posts: 13,753
Loc: Gulf Coast USA
Last seen: 1 year, 11 months
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That's an interesting read! Thanks for sharing it, some states really break it down to specific places, like Illinois.
From what I have personally witnessed in Florida, specifically Northwest Florida. Before a person is arrested for criminal trespass, an officer will warn them in person that if they return, they will be charged with criminal trespass. Every single time the person arrested had been warned previously in person by an officer or with a certified letter, either way there's documentation stating that person isn't welcome on the property.
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  Psilocybe cubensis data collection thread. please help with this project if you hunt wild cubensis. https://www.shroomery.org/forums/showflat.php?Cat=0&Number=26513593&page=0&vc=1#26513593
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NothingsChanged
Striving for Excellence


Registered: 05/28/11
Posts: 10,368
Loc: North/Western WA
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Re: Ask a defense attorney [Re: Doc9151]
#27648989 - 02/06/22 11:36 PM (2 years, 4 months ago) |
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Around here a criminal tresspass is what they reduce a burg to if you take a deal.
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TheDrake



Registered: 06/15/07
Posts: 1,720
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This afternoon I was driving home after spending the day with my kids. I was pulled over because they received an anonymous ⁷tip of a possible drunk driver (i wasn't drunk or impaired at all)matching the description of my vehicle.
I gave him all the proper paperwork and he then starts to ask all the questions who/what/why/where/when. He makes me do the watch his finger tip as he moves it around. Then asks me to step out to do field sobriety tests and I refuse. After arguing back and forth for a bit he said "listen your going to do these tests or else I'm going to arrest you for obstruction which is a 2 year felony and I'm going to have cps come take your kids"
I repeated you'll arrest me and my kids if I refuse? He said yes. I pass the tests with flying colors. Then he tells me to blow in the b.a.c. machine and I protest, he says it'll be $100 fine if I refuse and that me not blowing will work against me when this whole thing makes its way into the court room. Of course it's all zeros.
Then asks to search my van I say hell no and he sends me on my way.
This whole thing stinks and my youngest son is very shaken up about this whole ordeal. Do I have any leg to stand on for recourse? Other than to just file a grievance with the police department?
I know this is all very minor in the grand scheme of things but this prick should be held accountable.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: TheDrake]
#27656624 - 02/12/22 05:17 PM (2 years, 4 months ago) |
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Well...I'm not sure what you think he did that was illegal, but you consented to everything except the search, which he didn't do. You have no legal leg to stand on as a result.
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TheDrake



Registered: 06/15/07
Posts: 1,720
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Re: Ask a defense attorney [Re: Enlil]
#27656652 - 02/12/22 05:45 PM (2 years, 4 months ago) |
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I thought I had the right to refuse the field sobriety tests? Without fear of arrest.
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Edited by TheDrake (02/12/22 05:46 PM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: TheDrake]
#27656676 - 02/12/22 06:11 PM (2 years, 4 months ago) |
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You did, but you consented anyway.
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TheDrake



Registered: 06/15/07
Posts: 1,720
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Re: Ask a defense attorney [Re: Enlil]
#27656984 - 02/13/22 01:44 AM (2 years, 4 months ago) |
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He said he was going to arrest me if I refused? Oh, I forgot he can lie. Well I guess I need to keep that in mind if there's a next time. Had I refused and he arrested me would that open him up for litigation for unlawful arrest.
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Edited by TheDrake (02/13/22 01:46 AM)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: TheDrake]
#27657177 - 02/13/22 08:07 AM (2 years, 4 months ago) |
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Maybe. Maybe not. Yes, he can lie. He can also arrest you if he has probable cause. I don't know if he had probable cause at that point in the encounter, so I can't tell you if he would be vulnerable to litigation. All of these things are incredibly fact-specific and would need to be determined down the line in a court.
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Mr.GuessWork
Stranger

Registered: 03/30/13
Posts: 4,569
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Re: Ask a defense attorney [Re: Enlil]
#27657474 - 02/13/22 12:35 PM (2 years, 4 months ago) |
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You could probably go to the police station and ask to talk to whoever was his supervising officer about his behavior if you got the guy's name. That might give him a bad day. The police tend not to like it when somebody makes them all look like a bunch of assholes, and they tend to take that stuff seriously when it comes from law abiding citizens. I'd mention how he threatened you with CPS in front of your kids and how it made your kids upset, and that you don't appreciate that kind of disrespect, particularly without any cause. taking to his supervisor might help the guy learn some accountability when he has to explain himself in front of his supervisor.
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