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InvisibleNuShroomPharmerII
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Registered: 11/03/99
Posts: 453
Post deleted by users_request [Re: MNmyc]
    #333669 - 06/04/01 03:32 AM (19 years, 9 months ago)



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OfflineMNmyc
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Registered: 02/26/01
Posts: 175
Loc: MN
Last seen: 13 years, 11 months
Re: Cultivation , The Shroomery and the Law [Re: NuShroomPharmerII]
    #333850 - 06/04/01 09:21 AM (19 years, 9 months ago)

I agree, and have a friend who was the victim of an asset seizure. My circumstances are such that my bank would rather see me pay them the mortgage amount rather than get nothing. There is no equity to seize.

I pay my mortgage by the schedule, the bank gets 150% of the original principal. The DEA sells it, the bank gets what they already got plus the payoff amount, the DEA gets nothing, because there is no money left by the time they get their hands on it. They have more lucrative prospects than me... I hope.

This excerpt and all characters contained within are entirely fictional...

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Offlinemaria420
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Re: Cultivation , The Shroomery and the Law [Re: NuShroomPharmerII]
    #333868 - 06/04/01 09:53 AM (19 years, 9 months ago)

Is there any way to find out what the per state penalties are for posession? Hightimes has the info re: marijuana, but not shrooms.

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Offlinejuliahardt
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Loc: Midwest, USA
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Re: Cultivation , The Shroomery and the Law [Re: NuShroomPharmerII]
    #333911 - 06/04/01 11:15 AM (19 years, 9 months ago)

This is info I received from hightimes. It is a long read but well worth it for anyone wanting to protect themselves.

KNOW AND EXERCISE YOUR RIGHTS
Rights are like muscles--if they are not exercised, they wither away. Whether or not someone is guilty of a crime, there are certain rights that should always be firmly asserted.
The Fourth Amendment to the Bill of Rights of the United States Constitution states:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The Fifth Amendment reads, in part:
"No person shall be ... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. ...
These amendments provide the foundation for the rights that protect all U.S. citizens from intrusive law enforcement practices. Several rules of thumb have been derived through which law enforcement can be most effectively handled. These rights should be exercised by everyone in all circumstances, regardless of whether or not an individual is guilty of a crime:

Never leave anything in "plain view": Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue.
A "roach" in the ashtray, a pipe or baggie on the dashboard or coffee table, or a joint being smoked in public are common mistakes which all-too-frequently lead to arrests.


Never put anything incriminating into the trash: Various courts have ruled that law enforcement officers are allowed to rummage through curbside trash bags without a warrant. A few seeds or stems can then be used as a basis for obtaining a warrant to search the individual's home.
In fact, anything discarded into the public domain can be picked up by the police and used as evidence. For example, if an individual throws an illicit substance out of his or her car window and a police officer sees it and picks it up, the person is almost certain to be arrested.


NEVER CONSENT TO A SEARCH: Most individuals arrested on marijuana charges could have avoided the arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant.
Law enforcement officers are trained to intimidate people into consenting to searches. If an individual does consent, the officer can--and will--conduct the search without a warrant. If the officer finds any contraband, the person will be arrested. Moreover, the validity of the evidence will almost definitely hold up in court because consenting to a search essentially amounts to handing the evidence to the officer and saying, "Here it is--arrest me."

If an individual does not consent, the officer must either release the person or detain the person and attempt to get a warrant. The fact that an individual refuses to consent does not give the officer grounds to obtain a warrant. The individual should politely say:

"I do not consent to a search of my person, belongings, home, or vehicle. I retain my Fourth Amendment rights and all other rights under the United States Constitution. I will say nothing until my attorney is present."

If the officer conducts a search anyway--without a warrant--any contraband will likely be declared invalid evidence by the judge, and any charges will probably be dropped. If the officer does attempt to get a warrant and is successful in doing so, any contraband discovered may still be excluded as evidence if the individual's lawyer can convince the judge that the warrant itself was invalid--which, in many cases, it is.

No matter what a law enforcement officer threatens or promises, it is always better to refuse to consent to a search.


Loose lips sink ships: Whether arrested or not, individuals should always exercise the right to remain silent. Anything a person says to law enforcement officers, reporters, cellmates, or even their friends can--and probably will--be used as evidence against them.
Individuals have the right to have an attorney present during questioning. Only a qualified attorney can ensure that the suspect or defendant does not say anything damaging. The right to remain silent should always be exercised; three hypothetical examples follow:


Cop: "Is this your pipe?"
Joe Citizen: "My attorney advised me to remain silent unless she is present."


Cop: "If I look in your trunk, I'm not going to find any drugs?"
Jane Citizen: "I do not consent to a search of my trunk, and I'd rather not answer any questions without an attorney present."


Cop [during search of apartment--with a warrant--upon discovering and examining a tiny bag of leaves and stems]: "Looks like a couple pounds of good bud here ... too bad. You can do some serious time in the state slammer for this."
John Citizen: [says nothing at all]

Do not stick around any longer than is required: From the time a law enforcement officer approaches, it is wise to remain calm and not arouse suspicion. Nevertheless, individuals should always find out if the officer requires them to stay; if not, they should explain that they are in a hurry, then leave.
Law enforcement officers are trained to create the impression that their suspects are obliged to stay. Individuals being questioned by an officer should simply say:

"Am I under arrest or otherwise detained? If not, I really need to get going. Have a nice day."


Do not be hostile; do not physically resist: Some law enforcement officers do not care about citizens' rights; sometimes, the suspect is caught red-handed; other times, there are special-case qualifiers to certain rights, or there are loopholes beyond the scope of discussion in this publication. In any case, there are times when individuals politely assert their rights and refuse to talk or give consent, but the officers disregard their wishes and proceed to detain, search, or arrest them.
In such cases, it is important to keep in mind that law enforcement officers have clubs, mace, handcuffs, guns, back-up, and usually the trust of the court. Aggression against the officers can make matters far worse. This does not mean that individuals facing such circumstances should give up all rights. Sometimes it is best to simply say, "Do what you feel you must; I will not physically resist. However, I do not consent to this."


Do not be a snitch: The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Sometimes a person's own defense attorney will even encourage him or her to comply!
A wise marijuana consumer will avoid the issue entirely by reducing the possibility of apprehension by knowing his or her rights. However, prudent marijuana consumers will keep in mind that the possibility of arrest always exists. They remember the adage: "Don't do the crime if you can't do the time."

Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an attorney and examining one's own conscience.

Saving one's self by pointing the finger at others is the most cowardly thing a person can do. There is no justification for being a traitor in the War Against Marijuana Consumers.








All information contained herein is fictional and for entertainment purposes only.

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All information contained herein is fictional and for entertainment purposes only.

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InvisibleNuShroomPharmerII
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Registered: 11/03/99
Posts: 453
Post deleted by users_request [Re: MNmyc]
    #333979 - 06/04/01 12:42 PM (19 years, 9 months ago)



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OfflineMNmyc
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Registered: 02/26/01
Posts: 175
Loc: MN
Last seen: 13 years, 11 months
Re: Cultivation , The Shroomery and the Law [Re: NuShroomPharmerII]
    #334250 - 06/04/01 06:53 PM (19 years, 9 months ago)

The story of my friend (and it really isn't me) goes like this...

Bought that month's stash, went to bar. (He's been told how dumb that was already) Left bar and got into an argument with a friend of his in the bar's parking lot. Local authority figure observing development then proceeds to approach and more closely scrutinize the situation. Friend gets DWI and possession charges (1/4 lb mj). Totally guilty and convicted.

County likes the idea of selling his car since it was only 2 years old and they have that nifty new law on the books that says the sherrif is OBLIGATED to do just that. But before they get their ducks in a row, the vehicle is totalled. Insurance begrudgingly prepares to pay someone for the covered car.

Now here's where you assume that the county gets the check. Except that it didn't work out that way.

The bank was a secured party that had no control over his actions. And was fully entitled, as owner of collateral, to any insurance proceeds up to the amount of loan payoff. Which left the county emptyhanded and my friend with no car and $1500 left to pay after the insurance paid. County whined, judge said Waah, go away.

Bankruptcy would clear that whole house thing right up. And I bet my mortgage company has some pricey lawyers that could argue the dea don't get shit until their liabilities are satisfied.

Some time ago, the local paper ran an interview with some key figures regarding that whole seizure thing. Seems that the government can't make a dollar without spending two. The problem was that it cost more to sell the seized assets than they were worth. Even though they were acquired for free (i.e. STOLEN). Granted this is only on a statewide scale.

So I'll stick to my original comment. I figure that something else will get me before this innocent information exhange will. If we are so dangerous and skillfully prolific in our cultivaton, then why is there not any around on the street corners? I figure that it's because the mature crowd around here isn't the type to of cat that would do like the CIA did with crack. And I don't know many teens that are smart enough to actually make a racket out of this hobby.

I guess we all have some angle...

*
*Without bumping this, I just want to say that I defer to the idea that one can't be too safe. And I get the impression from the post below that we can all assume that would be in a case of financial gain ('taxes' and therefore tax fraud due to unreported income, poor Al).

I hope that is not the impression that you have of me. I pay all my taxes, and work hard too. I, nor anyone I know, gets any more gain from this forum than the pleasure of interaction with like-minded people. Who, without this forum, would be alienated from each other.

This excerpt and all characters contained within are entirely fictional...

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Edited by MNmyc on 06/04/01 08:29 PM.



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