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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Illegal search and seizure?
    #5940715 - 08/07/06 12:40 PM (17 years, 5 months ago)

Ok so last night i was sitting at a park with a buddy and we were smoking some reefer and the cops pulled up. The cops made us get against the cars and took out everything in my pockets and said htey were gonna impound my car, well the cop asked me if there was any more pot in the car and i said if there is it would be visible through my window. Well the cops searched my car and found about 100$ of mushrooms in my backpack without me saying yes you can search my car. Aint that illegal? right now i am being charged with possession of a schedule 1 substance. Anyone wanna help?


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"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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InvisibleShroomOmatic
Ethno Apprentice
Male User Gallery
Registered: 10/14/04
Posts: 2,373
Loc: Sailing the Seas of Chees...
Re: Illegal search and seizure? [Re: apfrommsp]
    #5940749 - 08/07/06 12:51 PM (17 years, 5 months ago)

I hate to tell you this, but since you were caught smoking a controlled substance in public, and you were placed under arrest for being in possession of a controlled substance they have consent to search you and your car for more drugs. Not to be rude or anything, but that was pretty foolish smoking in public like that. Best of luck :thumbup:


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: ShroomOmatic]
    #5940754 - 08/07/06 12:53 PM (17 years, 5 months ago)

It was at 1030 at night, and we were not really caught smoking, but my friend was caught with a bag on him and they are dropping those charges but its just the whole shroom thing....whats the typical punishment do you think for that?


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"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
Re: Illegal search and seizure? [Re: apfrommsp]
    #5940778 - 08/07/06 12:59 PM (17 years, 5 months ago)

The cops "inventory" a car when it is impounded to negate any claims of theft. Once they impound the car, they can search it and anything in it. Same goes for you upon arrest. Once you are under arrest, they can search you and anything in your possession. In your case, once the cops detected you breaking the law, you were pretty much screwed. At that point, they had every right to legally arrest you, search you, impound your car, and search your car. On the bright side, at least they haven't charged you with intent to distribute. Get yourself a good lawyer and stay absolutely clean until this is over. (I'm not a lawyer.)


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Just another spore in the wind.


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: Seuss]
    #5940784 - 08/07/06 01:01 PM (17 years, 5 months ago)

Yea i am getting a really good lawyer, but they didnt say anything about me being under arrest until they searched my car,


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"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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Invisibleshymanta
Mad Scientist
 User Gallery

Registered: 01/27/05
Posts: 907
Re: Illegal search and seizure? [Re: apfrommsp]
    #5940787 - 08/07/06 01:02 PM (17 years, 5 months ago)

Get a good lawyer. He might be able to get it suppressed via some technicality.

Loopholes in the law are great but if you don't know them or have someone who does, they will bend you over and fuck your loophole for all your worth. Fuck your rights. They're the goddamned government. They'll do what they want because none of us are brave enough (or have the power) to stand up to them.

(Shakes fist in a revolutionary fashion)


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OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
Re: Illegal search and seizure? [Re: Seuss]
    #5940789 - 08/07/06 01:02 PM (17 years, 5 months ago)

I would answer your questions, but I just wasted a bunch of my time because you lied about what happened. Get yourself a good lawyer and stay absolutely clean until this is over.


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Just another spore in the wind.


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: Seuss]
    #5940795 - 08/07/06 01:04 PM (17 years, 5 months ago)

was it smart for me to say i wont speak without my attorney?


--------------------
"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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InvisibleZippoZM
Knomadic
 User Gallery

Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Re: Illegal search and seizure? [Re: apfrommsp]
    #5941013 - 08/07/06 02:46 PM (17 years, 5 months ago)

yes, if you didnt confess you probably have a good case.

were you caught smoking in your car in the park?


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PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


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Offlinelemon_lw
Stranger

Registered: 10/17/04
Posts: 3,622
Loc: That Way
Last seen: 16 years, 4 months
Re: Illegal search and seizure? [Re: apfrommsp]
    #5941041 - 08/07/06 02:56 PM (17 years, 5 months ago)

how the hell did you get out so fast?


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In the belly of the Leviathan, one can either despair and perish, or be cheerful and persevere.-Dean Koontz


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InvisiblesLucky
Lucky
Registered: 08/03/06
Posts: 153
Re: Illegal search and seizure? [Re: lemon_lw]
    #5941060 - 08/07/06 03:04 PM (17 years, 5 months ago)

Attention...


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InvisibleAliceDee
-L S D-
Male
Registered: 08/10/03
Posts: 3,957
Re: Illegal search and seizure? [Re: lemon_lw]
    #5941067 - 08/07/06 03:05 PM (17 years, 5 months ago)

probly cuz they werent felony charges...

do you have any prior convictions afro?


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OfflineJadian
Ninja
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Registered: 07/07/05
Posts: 7,404
Loc: The desert
Last seen: 6 years, 1 month
Re: Illegal search and seizure? [Re: apfrommsp]
    #5941090 - 08/07/06 03:12 PM (17 years, 5 months ago)

I've been caught in a very similar situation and the easiest loophole to squeeze through is the illegal impounding of your car. If they didn't have the right to impound your car, they sure as hell didn't have the right to go through it afterwards. If they searched your car after you told them they couldn't, or if they had no just cause to search your car in the first place, you could be alright.

Getting caught with weed on your person does NOT give them the right to search your car, unless you are in your car or maybe sitting on the hood or something.


--------------------
LNC's official Alaskan stoner
:jackdaniels::drooling::jackdaniels:


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: Jadian]
    #5941762 - 08/07/06 06:55 PM (17 years, 5 months ago)

we were not even smoking, he found pot on my friend and a pipe on me, outside in the park. I got out quickly cuz i told them i had doctor appointments all day today, which i did until about 1 so they told me my health is more important and let me go.


--------------------
"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: apfrommsp]
    #5941767 - 08/07/06 06:56 PM (17 years, 5 months ago)

this was my first offense


--------------------
"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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Offlinelemon_lw
Stranger

Registered: 10/17/04
Posts: 3,622
Loc: That Way
Last seen: 16 years, 4 months
Re: Illegal search and seizure? [Re: apfrommsp]
    #5941792 - 08/07/06 07:01 PM (17 years, 5 months ago)

im sure they asked, they probably worded it very weird so that you didnt even notice(according to busted thats how it works). thats why youve got to say, "i dont consent any unwarranted searches". did you or your friend take the weed out of your pocket. cause i was reading during the weapons search they try to trick you and tell you to take that out and you dont have to unless it is a weapon (but this whole issue is a big grey area in law). if they took it out of your pocket then you might have a case to dismiss, but then you still hav ethe drugs in the car.

the moral of this story is this. smoke at home.


--------------------
In the belly of the Leviathan, one can either despair and perish, or be cheerful and persevere.-Dean Koontz


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: lemon_lw]
    #5942193 - 08/07/06 08:47 PM (17 years, 5 months ago)

They put us against the cars and emptied our pockets for us. Then they found the drugs, i guess ill just get me a good jewish lawyer for now.


--------------------
"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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Offlinemusicturkey
Mitakuye Oyasin
Male

Registered: 07/11/06
Posts: 303
Loc: MidWest
Last seen: 10 years, 5 months
Re: Illegal search and seizure? [Re: apfrommsp]
    #5942213 - 08/07/06 08:52 PM (17 years, 5 months ago)

dude did you watch the cops come walking right towards ya? Fuck man I bolt if theirs danger.


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Offlineapfrommsp
Just a box ofrain

Registered: 07/17/06
Posts: 1,171
Last seen: 16 years, 1 month
Re: Illegal search and seizure? [Re: musicturkey]
    #5942225 - 08/07/06 08:54 PM (17 years, 5 months ago)

They pulled up in their cars and my car was parked at the park we were at while we sat on a bench eating burger king....bunch of fucking pricks.


--------------------
"It's a joke. Greed and the desire to take drugs are two separate things. If you want to separate the two, the thing you do is make drugs legal. Accept the reality that people do want to change their consciousness, and make an effort to make safer, healthier drugs."


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InvisibleSkunk420
 User Gallery

Registered: 06/13/04
Posts: 18,524
Loc: inside
Re: Illegal search and seizure? [Re: apfrommsp]
    #5942325 - 08/07/06 09:25 PM (17 years, 5 months ago)

Dont sit at a park late at night, expecally with drugs on your possession. The cops check parks late at night, expecially at that time of night, just after dark...Good luck!


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