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Offlinejoshisstoned
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Re: Ask a defense attorney [Re: joshisstoned]
    #16881553 - 09/20/12 05:23 PM (11 years, 9 months ago)

He had  some cash in a wad on him and he smelled like weed. They wanted in there....

He's fucking stupid either way.

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InvisibleStonehenge
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Re: Ask a defense attorney [Re: joshisstoned]
    #16881883 - 09/20/12 06:11 PM (11 years, 9 months ago)

It just goes to prove the old maxim: do not mix business and pleasure.

If you are growing its a business. That doesn't mean you can't smoke it, just means you keep them separate. Do not go in public smelling of reefer smoke and in particular if you are leaving the house, lock it behind you. If the person spoken of had just done that, they could have smelled anything they wanted to but its hard to claim he let them in when they had to bust down the door. Even a redneck judge might not buy that.

I would go so far as to look and act straight in public if you are growing. Keep all doors and windows locked at all times. I do not recommend going outside if the cops want to talk to you. That is asking for trouble. If you can't talk through the doorjam, let them call you on the phone. If they don't like it, tough. If you open a window or door even a crack to talk to them they can swear they smelled pot. If everything is closed even if they swear to it, its a lot weaker.

Thats in addition to not having any warrants, any unpaid traffic or parking tickets and keeping your car shipshape. A busted taillight has been the downfall of many people.


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“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)

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Offlinejoshisstoned
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Re: Ask a defense attorney [Re: Stonehenge]
    #16881948 - 09/20/12 06:24 PM (11 years, 9 months ago)

Very true on all accounts. He was smoking dank. It was some Ohio lemon g. He is the nicest dude. One of the best friends ever. Not even on the drug tip, just like give you his last dollar and his last beer type dude. Just good people. Didnt snitch on anyone even though he faced TIME! I tip my hat to a motherfuckervwho gets leaned on like that and doesn't snitch.

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InvisibleDiploidM
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Re: Ask a defense attorney [Re: Enlil]
    #16883561 - 09/20/12 10:21 PM (11 years, 9 months ago)

Enlil, can you comment on this?

‘No refusal’ DUI checkpoints could be coming

By Barbara Hijek December 31, 2010 06:40 AM

Hope needles don't make you squeamish...

A new weapon is now being used in the fight against drunk driving — one that could make you more likely to be convicted, reports WTSP News in Tampa Bay.

Florida is among several states now holding what are called "no refusal" checkpoints. It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test, reports WTSP News.

It's already being done in several Florida counties, and now MADD of Hillsborough County is working to bring it to the Tampa Bay area, reports WTSP News.

The federal government says Florida has among the highest rates of breathalyzer refusal, according to WTSP News.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.

Florida Sun Sentinel

--

A separate link from a Florida Law Firm has this excerpt:

Critics question the constitutionality of the on-the-spot warrants. Specifically, how does the refusal to submit to breathalyzer, with no other evidence, provide the necessary probable cause to allow a judge issue a warrant for a blood sample? The protection from unreasonable search and seizure, including a compulsory blood sample is protected by the Fourth Amendment to the United States Constitution. Certainly, it is well established law that non-consensual extraction of blood is a violation an individual’s reasonable expectation of privacy.

We can all agree that Drunk Driving is a serious and deadly crime that kills thousands of drivers every year. However, the continued degradation of constitutional rights is worrisome. (See my earlier posts on governmental consumer regulations and lawful GPS tracking by the government). The Fourth Amendment protects us from governmental intrusion into our personal lives. Once constitutional rights are diminished, it is nearly impossible to restore them to their original state.

The rest of the analysis is at Glaades Law Group.

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OfflineOjom
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Re: Ask a defense attorney [Re: Stonehenge]
    #16883830 - 09/20/12 11:05 PM (11 years, 9 months ago)

Quote:

Stonehenge said:

If you are growing its a business. That doesn't mean you can't smoke it, just means you keep them separate. Do not go in public smelling of reefer smoke and in particular if you are leaving the house, lock it behind you. If the person spoken of had just done that, they could have smelled anything they wanted to but its hard to claim he let them in when they had to bust down the door. Even a redneck judge might not buy that.




Eh, if they have already emptied your pockets they most likely have your keys unless you have some uber stealth hiding place for them immediately after you lock your door. In this case no need to kick the door down just use the keys you got out of the suspects pocket... what's another lie?

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OfflineBrennus
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Re: Ask a defense attorney [Re: Diploid]
    #16884439 - 09/21/12 02:22 AM (11 years, 9 months ago)

Quote:

Diploid said:
Enlil, can you comment on this?

‘No refusal’ DUI checkpoints could be coming

By Barbara Hijek December 31, 2010 06:40 AM

Hope needles don't make you squeamish...

A new weapon is now being used in the fight against drunk driving — one that could make you more likely to be convicted, reports WTSP News in Tampa Bay.

Florida is among several states now holding what are called "no refusal" checkpoints. It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test, reports WTSP News.

It's already being done in several Florida counties, and now MADD of Hillsborough County is working to bring it to the Tampa Bay area, reports WTSP News.

The federal government says Florida has among the highest rates of breathalyzer refusal, according to WTSP News.

U.S. Transportation Secretary Ray LaHood has recently said he wants to see more states hold similar programs.

Florida Sun Sentinel

--

A separate link from a Florida Law Firm has this excerpt:

Critics question the constitutionality of the on-the-spot warrants. Specifically, how does the refusal to submit to breathalyzer, with no other evidence, provide the necessary probable cause to allow a judge issue a warrant for a blood sample? The protection from unreasonable search and seizure, including a compulsory blood sample is protected by the Fourth Amendment to the United States Constitution. Certainly, it is well established law that non-consensual extraction of blood is a violation an individual’s reasonable expectation of privacy.

We can all agree that Drunk Driving is a serious and deadly crime that kills thousands of drivers every year. However, the continued degradation of constitutional rights is worrisome. (See my earlier posts on governmental consumer regulations and lawful GPS tracking by the government). The Fourth Amendment protects us from governmental intrusion into our personal lives. Once constitutional rights are diminished, it is nearly impossible to restore them to their original state.

The rest of the analysis is at Glaades Law Group.





Most states are "implied consent", meaning that you give up the right to refuse a chemical analysis in exchange for the right to drive. My state recently outlawed refusing to blow at a checkpoint (I received my DUI 4 months before this took effect.. refused.. had a search warrant ordered for my blood.. paid +$670 on top of the other ridiculous fines when I was convicted.. legally, if you refuse now, you are automatically guilty of aggravated DUI). The best way to avoid being convicted of a DUI is to call for a cab.

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Diploid]
    #16884841 - 09/21/12 05:16 AM (11 years, 9 months ago)

There will certainly be a test of such warrant rubber stamping.  I am pretty sure that the SCOTUS will eventually limit the practice.  I really don't see how the argument can be made that such warrants are based on anything but refusing a breathalyzer.  Unless the SCOTUS is willing to go so far as to say that refusing consent for a search is probable cause for a search, this will have to be curtailed some.


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InvisibleStonehenge
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Re: Ask a defense attorney [Re: Enlil]
    #16886025 - 09/21/12 11:05 AM (11 years, 9 months ago)

No doubt the cops will include statements that the suspect was weaving in traffic or whatever it was that they pulled him over for so it won't be just refusal to take the test, it will be that plus the other stuff.

>just use the keys you got out of the suspects pocket... what's another lie?

True, but a witness might see them use keys to open the door whereas its much harder to refute that the suspect said go ahead and enter if the door was already open. They could claim he told them to use the keys so you do have a point but the suspect could scream "don't open my door" which a witness might overhear. I'm just saying that if the door is open they could stick their noses in much easier.

If you do all the things i mentioned they will have no easy opening to bust you.


--------------------
“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)

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Anonymous #22

Re: Ask a defense attorney [Re: Stonehenge]
    #16886050 - 09/21/12 11:09 AM (11 years, 9 months ago)

Just a quick question for Enlil is it actually illegal to say you did drugs online? And if so what are the odds of being prosecuted or being watched because of some comments you may or may not have said on an online message board.

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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Stonehenge]
    #16886085 - 09/21/12 11:17 AM (11 years, 9 months ago)

Quote:

Stonehenge said:
No doubt the cops will include statements that the suspect was weaving in traffic or whatever it was that they pulled him over for so it won't be just refusal to take the test, it will be that plus the other stuff.




We're not talking about a situation where someone is pulled over.  Where talking about a sobriety checkpoint where everyone is subjected to the test.  In that case, there's really no way for them to claim that everyone was weaving.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Anonymous #22]
    #16886110 - 09/21/12 11:19 AM (11 years, 9 months ago)

Quote:

Anonymous said:
Just a quick question for Enlil is it actually illegal to say you did drugs online? And if so what are the odds of being prosecuted or being watched because of some comments you may or may not have said on an online message board.



1.  It is not generally illegal to lie.
2.  Statements made by you can be used as evidence of guilt, but in and of themselves, they usually are not enough to convict you.

Your odds of being prosecuted for your statements alone are very, very little.  The odds of being convicted even less.

As far as being watched...They can watch you on a hunch.  They can watch you because you look like a stoner.  That's entirely up to the discretion of law enforcement.


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Anonymous #22

Re: Ask a defense attorney [Re: Enlil]
    #16886142 - 09/21/12 11:25 AM (11 years, 9 months ago)

Quote:

Enlil said:
Quote:

Anonymous said:
Just a quick question for Enlil is it actually illegal to say you did drugs online? And if so what are the odds of being prosecuted or being watched because of some comments you may or may not have said on an online message board.



1.  It is not generally illegal to lie.
2.  Statements made by you can be used as evidence of guilt, but in and of themselves, they usually are not enough to convict you.

Your odds of being prosecuted for your statements alone are very, very little.  The odds of being convicted even less.

As far as being watched...They can watch you on a hunch.  They can watch you because you look like a stoner.  That's entirely up to the discretion of law enforcement.



Understood

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InvisibleDiploidM
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Re: Ask a defense attorney [Re: Enlil]
    #16886250 - 09/21/12 11:49 AM (11 years, 9 months ago)

They can watch you because you look like a stoner.

Racial profiling is bad.
Drugie profiling is good.

:what:


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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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Re: Ask a defense attorney [Re: Diploid]
    #16886261 - 09/21/12 11:51 AM (11 years, 9 months ago)

Legal...whether it's good or bad is not my area of expertise.


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InvisibleStonehenge
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Re: Ask a defense attorney [Re: Enlil]
    #16886844 - 09/21/12 01:42 PM (11 years, 9 months ago)

Quote:

Enlil said:
Quote:

Stonehenge said:
No doubt the cops will include statements that the suspect was weaving in traffic or whatever it was that they pulled him over for so it won't be just refusal to take the test, it will be that plus the other stuff.




We're not talking about a situation where someone is pulled over.  Where talking about a sobriety checkpoint where everyone is subjected to the test.  In that case, there's really no way for them to claim that everyone was weaving.




That was not made clear in the article, it could have been an observation checkpoint. However, lets say all who pass a certain checkpoint are asked to submit to a breath test. They still can pick and choose who to do the warrant on. If someone seems sober they aren't likely going to ask to do the blood test and those who refuse but seem drunk, they can ask them to step out of the car, do a field sobriety test and so on. They can tell the judge he/she had bloodshot eyes, was uncoordinated, breath smelled of alcohol, etc. My point was that unless they were determined to bother the judge over every wiseapple who declines the breath test, they will have some observations to back up their request.

In the past before breath tests, they were able to get dui convictions on field sobriety tests alone so that should be enough probable cause for the warrant. If some asshat cop forces someone to give blood who was not drunk without failing any tests and so on, then you may have a case. IMHO.


--------------------
“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)

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InvisibleDiploidM
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Re: Ask a defense attorney [Re: Stonehenge]
    #16886988 - 09/21/12 02:16 PM (11 years, 9 months ago)

My point was that unless they were determined to bother the judge

I don't think you're getting this.

They're not "bothering the judge". The judge is THERE, sitting at a mobile desk waiting to robo-sign warrants on demand from the police. I think that's the basic civil rights problem with all of this. It bypasses the check and balance on the police conferred by separating enforcement from an independent judiciary.

But the judge is there SPECIFICALLY to do nothing else than sign warrants as cops walk up and put them on his desk. It's his one and only duty during the checkpoint. It isn't like he's going to weigh the merits each time. He's not there for that. He's there to force people who refuse to blow the machine to give up blood, thereby bypassing your right to refuse to blow.

That effectively removes the check and balance that underpins the Fourth. With this system, the police can do what they want under judicial sanction even when they don't have probable cause or reasonable suspicion. Simply refusing to blow is sufficient. So you essentially lose your right to refuse because when faced with a forcible needle of a voluntary tube to blow, you're trapped.

Enlil correct me if I'm wrong, but I thought that refusing a breath test is not against the law. In fact, it's your right under the Fourth (perhaps with the exception of you causing a serious accident). You can lose your license to drive for refusing because driving is a privilege, not a right, but you can't be compelled to blow a machine on demand. So it follows that you can't be compelled to give up blood for simply refusing to blow. And refusing to blow the machine isn't alone probable cause or reasonable suspicion that you have committed a crime.


--------------------
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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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Re: Ask a defense attorney [Re: Diploid]
    #16887213 - 09/21/12 02:54 PM (11 years, 9 months ago)

Refusing to blow into the breathalyzer is not a crime in any state as far as I know.  If such a law were passed, I doubt it would be valid under the 4th.  Having said that, such a refusal is admissible in court to prove consciousness of guilt.  This is similar to evidence of fleeing the police, etc.

It's not an automatic conviction, of course...but it doesn't help the defense.


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OfflineRen
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Re: Ask a defense attorney [Re: Diploid]
    #16887223 - 09/21/12 02:56 PM (11 years, 9 months ago)

Howdy Enlil,

Situation
Today after I confronted my pseudo business partner (nothing in writing, not an employee etc..) for arriving hours late he said that was done with working with me. I have a rental property with a large amount of retail items. The property is only in my name, the sole prop is also in my name. He currently owns the website associated with business. Upon renting the land he donated a good sum of items to the business roughly $3000 worth. Additionally, he has found a number of retail items that are now at the property.

So at this point he wants to go in and take essentially whatever he believes he is entitled to. He will not have a reasonable discussion and threatened to illegally enter the property or sue me if I do not allow him to grab what he wants.

Questions

1. What is my liability?
2. Does he have any claim to any items? (lets say he has a receipt too)
3. Am I in danger of a promissory estoppel case if worse comes to worse?
4. Is there any way to acquire (or otherwise shut down) the URL associated with the business?
5. What would you recommend I do in this situation? I don't hate the guy and I do want to give him a fair share.

Much thanks!


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Re: Ask a defense attorney [Re: Ren]
    #16887301 - 09/21/12 03:12 PM (11 years, 9 months ago)

First, we need to determine the business relationship.  It appears that you have no written partnership agreement.  Nonetheless, a partnership probably exists.  If you and this guy decided to go into this venture together and split the profits, you've got a partnership.

Having said that, not all partnerships are 50/50.  Without a written agreement stating other terms, that is the default split, however.

1. What you owe him is going to be based on many factors...but you definitely owe him something.  This gets a bit complicated.  Most likely, you owe him half of the value of the business at this time...meaning half of the assets.  Of course, at this time he has possession of some of those assets (like the website).  The value of each asset is beyond the scope of this post, of course.  You'll have to work that out with him.

2. He probably has a 1/2 ownership claim to everything including those things in your name alone.  Having said that, ownership and possession are two different concepts.  Currently, he has full possession of the website...you have full possession of everything else.  This means he can't just come in and take it (that's theft - ask OJ).  He can, however, sue you for it and make you pay cash instead of returning items to him.  I suspect that is something you'd like to avoid.

3. I don't see any promissory estoppel here.  I see an unlawful ouster claim.  More details might change this opinion, but it doesn't look like he relied to his detriment on a promise made by you.  Instead, it looks to me like the partnership has terminated and you've failed to dissolve the business and distribute the assets properly.

4. See 5.  other than that, it would have to be a court order.

5. The answer here is very clear.  You owe the guy money and/or property.  You want the website.  It seems pretty obvious that you need to sit down with him and work out a fair way to dissolve this business.  You seem to want to continue to run the business, and that's probably not impossible.  It will, however, mean that you have to do the right thing and compensate the guy for what he invested in the business.  I'm pretty sure that he couldn't care less about the website and will give that up gladly in exchange for his fair share of the business....unless, of course, you push it too far and make it all personal.


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Re: Ask a defense attorney [Re: Enlil]
    #16887540 - 09/21/12 03:52 PM (11 years, 9 months ago)

It goes to show words spoken in haste often bite you in the ass. Rather than get all worked up, cooling down and having a talk, perhaps after apollogizing for the harshness of your tone, you might come out way better. I see nothing you've said that indicates the partnership isn't working except for the blow up. Always always try to work things out first. If you do work things out, then have a written agreement.


--------------------
“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)

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