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Offlinedarealjoker
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Re: Got raided n have a question [Re: LySergic D]
    #18079752 - 04/08/13 10:42 PM (11 years, 1 month ago)

Ive been looking into Illinois case law or at least trying to and im pretty sure the word of ci is only good if they've worked for the police before. Ive found cases where cops have lied about even having a CI. I cant just say oh so n so is doing this n have ur door kicked in. There has to be more than that. But maybe not cause really its of no consequence to the police if they get a conviction or not. It is pretty hard to compel the state to give up the CI name before trial. U definetly can find out during trial but that's scary

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InvisibleEnlilMDiscord
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Re: Got raided n have a question [Re: darealjoker]
    #18080622 - 04/09/13 06:36 AM (11 years, 1 month ago)

Quote:

darealjoker said:
I think bonding out is more of a priorty than a paid attorney.


This is absolutely true
Quote:

I can dismiss the court appointed attorney at anytime.


This isn't.

If you let the case go far enough, you're not going to be able to switch attorneys on the eve of trial.


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Offlinech1ck3n.s0up
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Re: Got raided n have a question [Re: Enlil]
    #18080860 - 04/09/13 08:46 AM (11 years, 1 month ago)

On a knock/no-knock warrant, is there any value to stating that one does not consent to any searches?


--------------------

"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

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InvisibleEnlilMDiscord
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Re: Got raided n have a question [Re: ch1ck3n.s0up]
    #18080876 - 04/09/13 08:49 AM (11 years, 1 month ago)

Consenting makes the validity of the warrant irrelevant, so you never want to consent, even if they have a warrant and are going to search anyway.

Specifically saying, "I do not consent" is no more legally effective than simply keeping your mouth shut.


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Offlinelovecheese
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Re: Got raided n have a question [Re: Humility]
    #18084577 - 04/09/13 10:13 PM (11 years, 1 month ago)

Quote:

Humility said:
UNless 2 years on the inside leads to your death or requires you to commit a crime (like defending yourself) that results in more prison time and you wind up getting caught up on 5-10 years of cumlative charges.


It is almost NEVER a good idea to report to prison.  You are risking your life and freedom.  Tell yourself if you want a story about how in X days you'll be doing X Y Z.  Tell yourself that story and see what happens.  When you walk into that box you have lost so many facets of control of the rest of your life.


You think you're above having 2-3 people threaten you with constructed knives?  You think people can't/won't threaten to kill you, and follow through on it, if you refuse to suck their dick, or get fucked in the ass, or run drugs, or murder/stab someone else?

Who is going to keep your safe while you're doing "2 years"?  Who are you going to cry to for help if you're being stabbed in the showers?


If you think it's a good idea to report to prison you don't understand the nature of prison.




LOL Illinois prisons aren't that bad. Don't run from it.
First offense? Class 1 Felony? Just buy a good ass lawyer - you won't be doing any hard time. I can recommend a firm if you're in the northern/northwest suburbs of Chicago.
If you're white, I would say lawyer > bail. Unless you're in Cook County. Fuck that jail.
I spent 10K on a lawyer instead of 10K on bail when I got raided, and got a Class X and Class 1 reduced to a Class 4. 103 days served, $3,000 fine, and 2 years probation (Keep in mind this was my 3rd drug arrest).

They tested some old jars I had laying around with dead, dehydrated mycelium (I think they were about 8 months old when they got tested) and they didn't come back as anything.

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Offlinedarealjoker
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Re: Got raided n have a question [Re: lovecheese]
    #18088089 - 04/10/13 04:45 PM (11 years, 1 month ago)

What did u get charged with then if u don't mind me asking? I have 2 felonies for burglary that r 8 yrs old.

Edited by darealjoker (04/10/13 05:06 PM)

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Offlinelovecheese
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Re: Got raided n have a question [Re: darealjoker]
    #18093917 - 04/11/13 07:38 PM (11 years, 1 month ago)

possession of controlled substance and intent to deliver

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Invisiblejohnm214
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Re: Got raided n have a question [Re: Enlil]
    #18094038 - 04/11/13 07:58 PM (11 years, 1 month ago)

Quote:

Enlil said:

Specifically saying, "I do not consent" is no more legally effective than simply keeping your mouth shut.





Why do you say that?  Are you speaking purely as a matter of law that neither are consents and therefore neither grant the police cause to search?

This is probably misleading if its what you're saying, because the prosecutor will often argue consent is inferred, and if the police lie about the initiation of the search, its usually going to be a little lie rather than outright making up an explicit consent.  Things like he handed over the keys voluntarily to the officer, he was not in handcuffs and was interacting with the officers, et cet.  Does stuff like this ever get a search ruled voluntarily without explicit approval?

Seems your always better to say explicitly "I don't consent".

Around here the cops will just walk into your place if its unlocked and claim there was an open door party going on and based on their experience, the owner allowed anyone to just come on in at those types of partys.  In such a case, telling the cop "I don't consent to any search, leave my property" is probably very useful.  If that happens quickly enough, they're very limited in the probable cause they can claim to have obtained.

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InvisibleEnlilMDiscord
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Re: Got raided n have a question [Re: johnm214]
    #18095806 - 04/12/13 04:37 AM (11 years, 1 month ago)

Silence is not enough to imply consent. See United State v. Gonzalez, 71 F.3d 819.  See also Roe v. Texas Dept. of Protective and Regulatory Services, 299 F.3d 395.

If you're a robot, saying "I do not consent to any search today" over and over is probably the most effective way to preclude a claim of consent...but that's not how these things go down in the real world.  In the real world, cops know how to work people.  They keep the subject talking until he equivocates in a way that could be taken as consent...and then they claim consent.

So yes, a person who ONLY repeats the mantra "I do not consent" over and over is probably the easiest situation in court when fighting a claim of consent....but I've never seen that situation or heard of one in real life.

The person who says "I do not consent" and then keeps talking is MUCH, MUCH harder to deal with in court because of the little lies/misunderstandings that can occur (and cops know this and do it intentionally)

The middle ground is silence.  Silence can never infer consent by itself.  Sure, if the subject opens the door and motions for them to walk in, that's consent...but that's consent even if he says "I do not consent" at the same time. 

So given the three choices, and knowing human/cop nature...I always tell clients to just keep the mouth shut.  I don't know a single person IRL who has the fortitude to mantra "I do not consent" in the face of police coercion.  I'd imagine this is even more difficult when impaired.


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Offlinech1ck3n.s0up
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Re: Got raided n have a question [Re: Enlil]
    #18100385 - 04/12/13 11:39 PM (11 years, 1 month ago)

We need an app for that.
Quote:

Enlil said:
So given the three choices, and knowing human/cop nature...I always tell clients to just keep the mouth shut.  I don't know a single person IRL who has the fortitude to mantra "I do not consent" in the face of police coercion.  I'd imagine this is even more difficult when impaired.



I'm going to write an app that just says, over and over, "I do not consent."

Then when The Man asks me to step up, I can just whip out my phone, start the app, and let it do its job. :tongue2:


--------------------

"Inspiration ~ Move me brightly ~ light the song with sense and color ~ hold away despair ~ more than this I will not ask ~ faced with mysteries dark and vast ~ statements just seem vain at last" --Jerry Garcia, Terrapin Station

"Officer, I'm going to remain silent, and I would like to speak with a lawyer. I'm not resisting, but I don't consent to any searches.

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Invisiblefastfred
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Re: Got raided n have a question [Re: ch1ck3n.s0up]
    #18109580 - 04/14/13 06:38 PM (11 years, 1 month ago)

Quote:

That doesn't sound like a very good idea - A lifetime on the run to avoid 2 years or so on the inside.




I disagree.  Leaving the state is not a lifetime on the run.  It's not even considered running and you won't get any extra time for it.

Leave the state and if they do press charges you will at some point have a warrant out for your arrest.  This is not "being on the run" it's just an open warrant for something you haven't been convicted of.  Since there's no bond it's not bail jumping or fleeing or anything like that.

I know a couple people that have done this just fine.  Chances are that the warrant will be non-extraditable, meaning that your home state doesn't want to spend the money to import a criminal like you back into their state.

This happens all the time, and as long as you never set foot in your home state again you'll never have to face the music.  Considering they have budget and overcrowding problems then I think it's highly likely you would get a non-extraditable warrant issued.

OTOH you're a two time felon.  This would make your third strike, and you're quite likely to do a nickel or better in the joint.


-FF


--------------------
It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy

The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed

"If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP)

I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid

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Re: Got raided n have a question [Re: fastfred]
    #18109815 - 04/14/13 07:23 PM (11 years, 1 month ago)

I know someone currently living outside of a state that he was facing felony charges in.  He has been arrested since then in another state and the state in which he committed his felony (the original state) was told of his apprehension and declined to pay the costs associated with having him extradited.  Apparently if he's greater than 300 miles away from the state they have no interest in having him sent there.


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Invisiblefastfred
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Re: Got raided n have a question [Re: Humility]
    #18110613 - 04/14/13 09:59 PM (11 years, 1 month ago)

That's exactly what I'm talking about.  The cops will detain you because they will see the warrant, but after a bit of digging they will let you go.  The first time it may take an hour or two, but after that your warrant will be flagged in their database as non-extraditable.

You don't hear about this much because everyone likes to act like they're really tough on crime.  But in the end it just doesn't make sense to pay thousands to import a criminal, then many more thousands to jail him, then have the criminal be turned loose penniless on your streets.

It's way cheaper, easier, and better all around to just tell the criminal he better not set foot in your state again.

Remember also that this will just be a warrant to face the charges, it won't be like you're a convicted felon on the run.


--------------------
It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy

The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed

"If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP)

I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid

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Offlinedarealjoker
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Re: Got raided n have a question [Re: fastfred]
    #18114008 - 04/15/13 04:49 PM (11 years, 1 month ago)

I disagree on the time. I have no drug priors nor have had any felonies in 8 or so yrs. Illinois has an incentive for counties that don't send ppl to the state.

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OfflineAlan RockefellerM
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Re: Got raided n have a question [Re: fastfred]
    #18114060 - 04/15/13 05:02 PM (11 years, 1 month ago)

Quote:

I disagree.  Leaving the state is not a lifetime on the run.  It's not even considered running and you won't get any extra time for it.

Leave the state and if they do press charges you will at some point have a warrant out for your arrest.  This is not "being on the run" it's just an open warrant for something you haven't been convicted of.  Since there's no bond it's not bail jumping or fleeing or anything like that.

I know a couple people that have done this just fine.  Chances are that the warrant will be non-extraditable, meaning that your home state doesn't want to spend the money to import a criminal like you back into their state.

This happens all the time, and as long as you never set foot in your home state again you'll never have to face the music.  Considering they have budget and overcrowding problems then I think it's highly likely you would get a non-extraditable warrant issued.

OTOH you're a two time felon.  This would make your third strike, and you're quite likely to do a nickel or better in the joint.





I agree that if things are getting hot but you haven't been arrested yet, it's a good time to leave the state. 

I don't know much about extradition between states, but some people slip through the cracks and others don't.  Seems kind of random.

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Offlinecherry_darling
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Re: Got raided n have a question [Re: Alan Rockefeller] * 1
    #18114161 - 04/15/13 05:26 PM (11 years, 1 month ago)

i'm sure every state/county is different, but i can tell you this:

my bf did some dumb credit card fraud shit when he was like 19 and got indicted for it (rural uptight county in ohio).
he fled the state to california.  a few months later, he was pulled over on a traffic stop, the calif. cop saw the outstanding warrant and took him to LA County Jail.  they told him in there they were going to hold him for 90 days.  if the ohio county where the warrant was out of didn't come and get him in 90 days, they would just let him go.  ohio came and got him on day 89 :lol:  he then got on that interstate transit bus and got a national tour of many federal prisons where they stopped at to sleep along the way and pick up other prisoners for transport.  it took him over two months to get back to ohio!  which they didn't include as time in custody and time served later on, which is bullshit.  the warrant was for one count of credit card fraud, it was only a fifth-degree felony and they extradited him for that :frown:

if I was facing some serious time, like some 3rd strike bullshit, i'd probably say fuck it and run however.  :shrug:

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Invisiblefastfred
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Re: Got raided n have a question [Re: cherry_darling]
    #18116000 - 04/15/13 10:43 PM (11 years, 1 month ago)

Yeah, it can go down all different ways.  Getting a non-extraditable warrant is more or less standard procedure for some crimes, I wouldn't call it "slipping through the cracks" though, just an alternate form of punishment.

I imagine they consider a lot of things when deciding how bad they want you.  If you have victims, or seem like you'd be a danger wherever you go... they'll probably want you.  A small-time general sort of fuck-up type would probably have the best odds.

Quote:

cop saw the outstanding warrant and took him to LA County Jail.  they told him in there they were going to hold him for 90 days.




Think how much money they spent to import a common criminal from the other side of the country!  They had to pay an 89 day bill to LA, two months of travel expenses/charges to the transportation company, and two months worth of nights to every podunk jail or prison along the way.  I figure that's 7 months worth of bills!

Now they have to pay to keep him locked up plus probation/treatment, and they have one more petty criminal to deal with in their state.

I can't really see how it would hurt to take off.  If they issue an extraditable warrant and eventually pick you up it's treated the same as your initial arrest on the charge.  Warrants issue all the time, and nobody really expects people to know they have a warrant or turn themselves in even if they did.  Your first clue that you have a warrant is usually the cop who arrests you.

OTOH if you leave you will have time to figure things out.  You may find the warrant is non-extraditable, and cops usually have no problem telling you this if you're long gone.  They love to rub it in that you better never show your face in their jurisdiction.

But say you find that the warrant is extraditable... I say that is also good.  You can contact the prosecutor and tell them you're voluntarily returning, then show up whenever to face the music.  At your bond hearing you have a good shot at getting ORed (released for free).  When they see you traveled a thousand miles to show up the judge isn't going to think you're a flight risk.

It's always better to turn yourself in on your own terms.  For example, Tuesday morning is WAY better than Friday night since you can see the judge right away for a bail hearing.  That avoids the worst part of jail.  I'd take a week in the can knowing my release date vs. 3 days in the can not knowing when or if I would get out.

Any time you choose your jail time it's a million times better.  You have lawyer, bail, phone numbers, etc. ready and you don't have to worry.  You can have someone come slap a c-note on your books right away and you'll be set for your stay.


I once fled my state.  Cops had my place surrounded and taped off.  They even brought up a semi truck with space suit guys to seize all my stuff.  I thought for sure something would get me in trouble.  There was certainly plenty of minor charges/tickets to be had there.

When I got a good 2k miles away I settled down a bit, and a few days later I called the detective in charge.  He told me they were having everything tested and asked me a bunch of questions.  I explained everything away, although I probably should have said nothing.  He asked my why I left the state and I told him I was moving out anyways when this happened.  I also told him I didn't feel like sitting in jail for months while they tested everything.  He laughed about that and said he didn't blame me.  Nothing more came of it.  Later I asked him if I could have my glassware back.  He told me, "Sure, come on down to the police department anytime."

I eventually decided that, charges or not, that would be a really bad idea.  Walking into the PD and saying, "Can I please have my scale size clandestine laboratory equipment and chemicals back?" would not have been too bright.


Another time the cop secretary or dispatcher called me.  She said that they had a new program to allow people to turn themselves in rather than be arrested in front of family and friends.  My name had come up with a bench warrant for unpaid fines.

I said fine, I'll turn myself in to the PD at 10am the following day.  Apparently that wasn't good enough.  I asked how long before the cops came if I did nothing, she told me "minutes".  I pleaded with her to give me time to call around for bail money, explaining I had an O-Chem final at 8am.  Again I pleaded to let me turn myself in tomorrow morning.  Either she was a total bitch or the rules of that "new program" sucked ass.

Anyways, I figured the cops were probably already outside or close.  So I grabbed my books and went out the back window.  Sure enough the cops showed up not long after I left.  I studied all night at the library, passed my test, and went home.  I never bothered to take care of my problem (a mistake), and about a week later the cops showed up and arrested me.  The lesson to the wise is to take care of your shit, or at least be prepared for your jail stay.  But always try to turn yourself in on your own terms.


-FF


--------------------
It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy

The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed

"If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP)

I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid

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Re: Got raided n have a question [Re: fastfred]
    #18116849 - 04/16/13 03:40 AM (11 years, 1 month ago)

fastfred will get you all gamed up.


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Offlinedarealjoker
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Re: Got raided n have a question [Re: Humility]
    #18219348 - 05/05/13 07:29 PM (11 years, 16 days ago)

I went to workout the other day n my buddy comes up to me n tells me this girl that he went to school with asked him about me. She also asked him if I knew she was a cop. n said that they were trying to set something up n asked if hed be willing to work with them n that it pays 300. She just became a cop so I know shes no detective. A little strange for a beat cop. This all happened at the gym. Then I called my other buddy n told him about it. He said that about a week ago he was at intake because he was getting his probation transferred to the county we reside in. He said he got asked about me n how close of friends we r. Also who I hang out with n if Im growing anything right now. Im wondering if they screwed up on the search warrant or something n they trying to put another case on me. Or if they r just salty Im out walking around right now. What do u guys think?

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Invisiblefastfred
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Re: Got raided n have a question [Re: darealjoker]
    #18219619 - 05/05/13 08:31 PM (11 years, 16 days ago)

Most people go straight back to their old games, so it's not surprising they will try to catch you again.

Have some fun and feed them fake info and take them on a wild goose chase.

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