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OfflineHawkeye2
Resident TranceAddict

Registered: 04/05/04
Posts: 626
Last seen: 7 years, 9 months
This cop had absolutely NO fucking reason to search the car!!!!!!
    #3954292 - 03/22/05 05:24 PM (13 years, 3 months ago)

My brother was driving and he was pulled over for doing 59 in a 45. The officer pulled him over and noticed an empty bottle of Effexor (Anti-depressant) that was written IN HIS NAME and perscribed exactly ONE MONTH AGO. This was a COMPLETELY LEGAL PERSCRIPTION, obtained by a doctor for my brother and my brother only and specifically, and the cop decided he thought it was ok to search the car. The reason? The cop claims that since the bottle was empty, and/or it was in the car, he didn't know if my brother had been selling the pills.

Obviously everyone knows you can't abuse many anti-depressants, Effexor especially, but the cop claimed that he could be selling them anyway. (Why not bust me for having aspirin?)

Anyway, to make a long story short, he ends up with posession of marijuana and a speeding ticket. This isn't the first time he's got one, so it's REALLY important that this charge be non-existent because these multiple charges make him look really bad. Anyway, what do you think? Do you think the search was justifiable? Do you think the charge could get dropped?


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InvisibleDNKYD
Turtle!

Registered: 09/24/04
Posts: 12,326
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Hawkeye2]
    #3954302 - 03/22/05 05:28 PM (13 years, 3 months ago)

If he consented to the cop doing the search, he's fucked. If he refused the search, and stated his rights to the cop that he is not allowed to search his car without a court ordered warrant, then it might be able to be contested in court.


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OfflineMikeOLogical
Doctor ofShroomology
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Registered: 01/31/04
Posts: 4,132
Loc: florida
Last seen: 1 month, 25 days
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Hawkeye2]
    #3954385 - 03/22/05 05:44 PM (13 years, 3 months ago)

here's a hint- any time a cop feels its necessary to take the time to give you a legal argument as to why he's allowed to search, you can be sure that he knows damn well he doesn't have the right to search, but he figures that if you think he does have it, then you won't say anything about it later...

its the ol jedi mind trick...

a decent lawyer will have no problem getting those charges dismissed


--------------------
We got Nothing!
we're no longer selling jars.  :laugh:


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OfflineHawkeye2
Resident TranceAddict

Registered: 04/05/04
Posts: 626
Last seen: 7 years, 9 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: MikeOLogical]
    #3954491 - 03/22/05 06:02 PM (13 years, 3 months ago)

I fucking hate the fucking pigs. OH BY THE WAY all that was found was a pipe that hadn't even been smoked in much and was given possession-there was a minute amount of resin!! BULLSHIT!


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Offlinelid
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Registered: 10/12/05
Posts: 563
Loc: People's Republic of New ...
Last seen: 4 years, 11 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Hawkeye2]
    #4814215 - 10/17/05 02:09 AM (12 years, 9 months ago)

We can thank all this to the patriot act. Its my understanding that because of this searches (of your car) can be done solely on suspicion. (i have been searched for no reason at all, and the police had told me they had jurisdiction under the patriot act. I'm am the epitome of white just as my ancestors were when they came off the boat from Europe.) I do know that if you own or live on a boat you are definitely fucked. Under the patriot act the coast guard can confiscate you boat indefinitely for suspicion (whether it is suspicion of terrorism or drugs or both i am not to clear). So a coast guard guy could see your boat and be really jealous of it, and decides that he'll just commandeer it from you based on suspicion only. Pigs are people who take the job because they want power and control over peoples lives, nothing else. To protect and to serve may be one of the reasons they sign up but i guarantee power and control is #1. They will do whatever the fuck they feel like at any given moment regardless of the rights of others.


--------------------
molon labe.


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Offlinegregorio
Too Damn Old
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Registered: 09/08/05
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: lid]
    #4815111 - 10/17/05 08:45 AM (12 years, 9 months ago)

Quote:

lid said:
We can thank all this to the patriot act.  Its my understanding that because of this searches (of your car) can be done solely on suspicion. 




Cops have been doing this long before there was any Patriot Act. If faced with that kind of predicament I think you only have a couple choices.

1. Don't consent to the search, they will probably bring out the dogs if you do that. It happens on COPS all of the time. :wink:

2. Come clean to the cop and tell him you have a small amount of weed in your car and hope he really does appreciate your honesty. Sometimes it works.

But the whole thing probably could have been avoided by not driving 15 MPH over the speed limit while your holding.



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Offlinewilshire
free radical
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Registered: 05/11/05
Posts: 2,421
Loc: SE PA
Last seen: 8 years, 5 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Hawkeye2]
    #4815150 - 10/17/05 09:22 AM (12 years, 9 months ago)

in a lot of situations, the cops have nothing to lose by conducting an illegal search. maybe you'll get a lawyer and call them on it, maybe you won't. they don't lose any points for trying.

they always land some kind of bullshit excuse on you. they did on me. it was bullshit, and after my attorney talked to the DA, most of the charges were dropped.


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



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OfflineShroomArtist84
Stranger
Registered: 08/09/05
Posts: 2,414
Last seen: 12 years, 5 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: wilshire]
    #4816339 - 10/17/05 04:05 PM (12 years, 8 months ago)

ouch that fucking sucks.
i fucking hate cops.


--------------------
No matter what I say and no matter what I write here.

I'm sick of always looking at this page with a blank stare.


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InvisibleJackTackle
pinningmycologist

Registered: 09/18/05
Posts: 282
Loc: behind you
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: lid]
    #4819863 - 10/18/05 10:45 AM (12 years, 8 months ago)

Quote:

lid said:
We can thank all this to the patriot act. Its my understanding that because of this searches (of your car) can be done solely on suspicion. (i have been searched for no reason at all, and the police had told me they had jurisdiction under the patriot act. I'm am the epitome of white just as my ancestors were when they came off the boat from Europe.) I do know that if you own or live on a boat you are definitely fucked. Under the patriot act the coast guard can confiscate you boat indefinitely for suspicion (whether it is suspicion of terrorism or drugs or both i am not to clear). So a coast guard guy could see your boat and be really jealous of it, and decides that he'll just commandeer it from you based on suspicion only. Pigs are people who take the job because they want power and control over peoples lives, nothing else. To protect and to serve may be one of the reasons they sign up but i guarantee power and control is #1. They will do whatever the fuck they feel like at any given moment regardless of the rights of others.




this has ABSOLUTELY NOTHING to do with the patriot act. people blow that shit out of proportion all the time. The patriot act says that if you are suspected of terrorism then they can search your shit BUT anything they find that does not have anything to do with terrorism can not be held against you.

if you are growing shrooms in your place and they come searching under the patriot act and find your grow you CANNOT be charged for anything unless they can prove you were using the grow for terrorist activities.


--------------------
Stay Blue!


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OfflineTheCheat
son of the lamb

Registered: 05/14/04
Posts: 426
Loc: Maillardville, Coquitlam,...
Last seen: 11 years, 7 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: JackTackle]
    #4820197 - 10/18/05 01:06 PM (12 years, 8 months ago)

Here are some good tips on how to handle situation similar to these.

Statement to the pohlice:
"Officer, if I am under arrest or being detained, please tell me so. If I am free to go, please tell me so. If I am not free to go, please tell me why. I wish to exercise all my legal rights including my right to silence and my right to speak to a lawyer before I say anything to you. I do not consent to be searched. I wish to be released without delay.
Please do not ask me questions, because I will not willingly talk to you until I speak to my lawyer.
Thank you for you respecting my right...pig." (haha you dont gotta say that part but I dare you)

Police arrest: Silence is golden
Each situation is different and you must use your common sense. Stay calm and remember everything that happens. Remember your rights!

Silence: You can refuse to talk to police or answer their questions, unless you're in a bar or a cinema, driving a car or they say you broke the law. In these cases, you must give your full name, birthdate and address, or show your ID, but other than that, you  don't have to say more.

to sum up, MY RIGHTS:
1. Silence
2. I can say "No" if the police ask permission to search me or my things. Saying "No" does not mean I have something to hide.
3. I can leave unless I am being detained or arrested.
4. If I am being detained or arrested, I have a right to know why, and a right to speak privately to a lwayer without delay-even if I can't affort to pay.
5. I can only be strip-searched in private and by officers of the same sex.
6. I have a right to know a police officer's name and badge number.
7. I can report a police officer who abuses me, swears at me, or violate my rights.

shroomery EXERCISE YOUR RIGHTS WHEN YOU CAN! It's freaking fun!

peace  :stoned::thumbup:


--------------------
?Religion is science, politics is Hollywood, and 50 cent is more influential than Dali Lama; welcome to the future?
-Fontaine

"Blessed are the peacemakers." Matthew 5:9


Edited by TheCheat (10/18/05 01:11 PM)


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OfflineKaptKid
Spaced Pirate
Male User Gallery

Registered: 12/11/03
Posts: 6,248
Loc: Bright Side of the Sun
Last seen: 1 year, 4 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: TheCheat]
    #4826628 - 10/19/05 09:09 PM (12 years, 8 months ago)

Cops do what they want. Have since I was a kid and will do so long after I'm gone. A good lawer will stand up to them.

Peace


--------------------
Child of the 60's, Tripping ever since.


:sun:


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Invisiblecateyes
 User Gallery
Registered: 12/16/03
Posts: 2,754
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: JackTackle]
    #4838746 - 10/22/05 07:23 PM (12 years, 8 months ago)

Quote:

JackTackle said:
Quote:

lid said:
We can thank all this to the patriot act. Its my understanding that because of this searches (of your car) can be done solely on suspicion. (i have been searched for no reason at all, and the police had told me they had jurisdiction under the patriot act. I'm am the epitome of white just as my ancestors were when they came off the boat from Europe.) I do know that if you own or live on a boat you are definitely fucked. Under the patriot act the coast guard can confiscate you boat indefinitely for suspicion (whether it is suspicion of terrorism or drugs or both i am not to clear). So a coast guard guy could see your boat and be really jealous of it, and decides that he'll just commandeer it from you based on suspicion only. Pigs are people who take the job because they want power and control over peoples lives, nothing else. To protect and to serve may be one of the reasons they sign up but i guarantee power and control is #1. They will do whatever the fuck they feel like at any given moment regardless of the rights of others.




this has ABSOLUTELY NOTHING to do with the patriot act. people blow that shit out of proportion all the time. The patriot act says that if you are suspected of terrorism then they can search your shit BUT anything they find that does not have anything to do with terrorism can not be held against you.

if you are growing shrooms in your place and they come searching under the patriot act and find your grow you CANNOT be charged for anything unless they can prove you were using the grow for terrorist activities.




not sure where you getting your information from but you are wrong. locally they busted a teacher at an all girls school for distributing hardcore child pornography over the internet using patriot act provisions. how does child porn relate to national security? large scale drug smuggling/production operations are covered under guidelines of the patriot act because it has already been defined as a crime that undermines society. i know some of this because i worked for producers at pacifica's radio station wbai in manhatten who had developed multiple programs through interviews with constitutional lawyers who opposed the patriot act on many levels. of course none of this relates to hawkeyes initial post...

what about probable cause? here in nj seat belt laws are used to pull people over with cause... whatever occurs during that traffic stop afterwords is legitimately admissible in court...

peace

cateyes


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OfflineRedstorm
Prince of Bugs
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: lid]
    #4838871 - 10/22/05 08:30 PM (12 years, 8 months ago)

Quote:

lid said:
We can thank all this to the patriot act. Its my understanding that because of this searches (of your car) can be done solely on suspicion. (i have been searched for no reason at all, and the police had told me they had jurisdiction under the patriot act. I'm am the epitome of white just as my ancestors were when they came off the boat from Europe.) I do know that if you own or live on a boat you are definitely fucked. Under the patriot act the coast guard can confiscate you boat indefinitely for suspicion (whether it is suspicion of terrorism or drugs or both i am not to clear). So a coast guard guy could see your boat and be really jealous of it, and decides that he'll just commandeer it from you based on suspicion only. Pigs are people who take the job because they want power and control over peoples lives, nothing else. To protect and to serve may be one of the reasons they sign up but i guarantee power and control is #1. They will do whatever the fuck they feel like at any given moment regardless of the rights of others.




That's pure and utter bullshit. I bet all of your sources of this info is hear-say. If not, I would love to see where it says these things in the Patriot Act.


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OfflineRedstorm
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: cateyes]
    #4838874 - 10/22/05 08:31 PM (12 years, 8 months ago)

What were these Patriot Act provisions that they used?


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Offlinelid
Insert TitleHere

Registered: 10/12/05
Posts: 563
Loc: People's Republic of New ...
Last seen: 4 years, 11 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Redstorm]
    #4839232 - 10/22/05 10:29 PM (12 years, 8 months ago)

Well, as far the boat information goes I am a member of "Boat US" and "Tow Boat US" and that is where my information came from. I seriously doubt that they would spread mis-information about such a thing, as they would have a lot to lose if they were lying to their members. As to the police, I stated that it was my "understanding" I did not claim that it was a fact. The police did not state what provision they were using, they just ignored me when I asked, and I wasn't about to push the issue seeing as there was nothing illegal in my vehicle. But I would bet that if they can permanatly take your boat away (even if you live aboard) based on suspicion alone, it wouldn't be unreasonable for them to search your vehicle without probable cause.


--------------------
molon labe.


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OfflineRedstorm
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: lid]
    #4839256 - 10/22/05 10:33 PM (12 years, 8 months ago)

I really don't believe the Patriot Act gave police officers any more leeway in understaking searches of private property.


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Offlinelid
Insert TitleHere

Registered: 10/12/05
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Last seen: 4 years, 11 months
Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Redstorm]
    #4839292 - 10/22/05 10:46 PM (12 years, 8 months ago)

"The U.S. Code allows the Coast Guard to "make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction... of the United States, address inquiries to those on board, examine the ship's documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance."


http://www.montereyherald.com/mld/montereyherald/news/12579953.htm


--------------------
molon labe.


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OfflineRedstorm
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: lid]
    #4839315 - 10/22/05 10:55 PM (12 years, 8 months ago)

Apparently I was wrong. Touche, my friend. :wink:

I still don't think this applies to regular LEO's, though.


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Offlinelid
Insert TitleHere

Registered: 10/12/05
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: Redstorm]
    #4839386 - 10/22/05 11:14 PM (12 years, 8 months ago)

I really hope it doesn't, maybe they were just using the patriot act as a ruse to search my vehicle.

PS: Dont ever grow on a boat... :hook:


--------------------
molon labe.


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OfflineRedstorm
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Re: This cop had absolutely NO fucking reason to search the car!!!!!! [Re: lid]
    #4839412 - 10/22/05 11:19 PM (12 years, 8 months ago)

Probably. My last Con. Law teacher told me that they will say anything to get you to consent to a search.


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