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Sad Drug Bust
    #6796927 -

Drug conviction brings three-year prison term
TROY -- A 22-year-old Brunswick man was sentenced Monday to three years in prison for possessing 3 pounds of hallucinogenic mushrooms as he was about to board a train for Buffalo in February.

William Gallagher pleaded guilty last month to a count of third-degree criminal possession of a controlled substance and was sentenced before Judge Patrick McGrath to the prison time and two years post-release supervision.

The Rensselaer County Sheriff Department deputies apprehended Gallagher while patrolling the Rensselaer train station. Gallagher told McGrath during his plea that one of the deputies stopped him and searched his bags because he smelled of marijuana.

Police got a bigger surprise when they searched Gallagher's Seneca Street home. Officers said they discovered a marijuana-growing operation consisting of 116 marijuana plants. They also seized two safes containing mushrooms, bagged marijuana, LSD, ketamine, hashish and 346 ephedrine tablets.

http://www.timesunion.com/AspStories/story.asp?storyID=581461&category=REGION&newsdate=4/17/2007


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:berternie:

Edited by mystery (04/17/07 08:22 AM)

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Re: Sad Drug Bust [Re: mystery]
    #6799116 -

Quote:
one of the deputies stopped him and searched his bags because he smelled of marijuana.


Wasn't this recently ruled as not probable cause for a search?

Damn shame about the stuff tho

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Re: Sad Drug Bust [Re: mystery]
    #6799308 -

That's really not sad..

The dude only got 3 years for all that shit??

That's a gift

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Re: Sad Drug Bust [Re: Boom]
    #6799440 -

Booooom said:
That's really not sad..

The dude only got 3 years for all that shit??

That's a gift


its a gift to be put in prision for possession of something that grows naturally? Ok, he broke the law, I understand that...but I wouldnt exactly call it a gift. Probation would have been a gift in these circumstances. I do believe you have to pay the consequences for breaking the law (if you dont like the law fight to change it, breaking it doesnt help your cause), however I dont believe taking away someones right to freedom (by putting them in prison) should ever be a consequence for a non-violent crime. Freedom is the most precious thing we have, nothing is worth having that taken away.

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Re: Sad Drug Bust [Re: dedjam]
    #6799474 -

That's sad... considering he could have just stood up for his right NOT to be searched. Even if it all went to trial, he could have fought to have the 3 pounds of shrooms thrown out, as well as any evidence gathered after the fact... fruit of the poisonious tree.

At 22, he was probably just strong armed into an illegal search of his bag, but by not saying "no" he gave up his 4th Amendment right...

"I do not consent to any search."

"Am I being detained?"

Reapeat.

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Re: Sad Drug Bust [Re: RoosterCogburn]
    #6799663 -

That sucks that he got busted with that much.  Some of that was bound for my stomach and lungs. :laugh:

Anyway, i'm still trying to understand the complexities of the law.  So, hypothetically, if he was walking around smelling of marijuana and an officer stopped him to look in his bag and he said, "I do not consent to any search," the officer couldn't do anything?

I've tried reading stuff about my rights and the law but it's complicated.  I'm not trying to sound like a retard, i just would greatly appreciate if someone explained how it would work to me.


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All keystrokes performed on this user's account are completely random and are not to be taken seriously.

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Re: Sad Drug Bust [Re: archetype]
    #6799747 -

archetype said:
That sucks that he got busted with that much.  Some of that was bound for my stomach and lungs. :laugh:

Anyway, i'm still trying to understand the complexities of the law.  So, hypothetically, if he was walking around smelling of marijuana and an officer stopped him to look in his bag and he said, "I do not consent to any search," the officer couldn't do anything?



No, the officer would probably search anyways. But then he would have a leg to stand on in court to have that evidence throw out because of an unlawful search. However, if the cop asked to search him and he complied, then he gave up his rights.

The legal system sucks in the perspective of: you arent getting out of shit if you dont have money. Cops know this, they see some kid and know they can harass him because he probably doesnt have the money to fight it anyways.

A fight over the legality of that search would probably lead to appeals court and further...and you are looking at 10k-20K+ of attorney fees. Yea freedom is priceless, but sometimes people just dont have the money to fight shit.

He took a deal, he coped out, but because of the way our legal system works that was probably the best thing for him to do. IMO id rather fight things to the end and always maintain my innocence, but I also know the value of having good friends that are criminal defence lawyers (i married one :smile: )

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Re: Sad Drug Bust [Re: dedjam]
    #6801241 -

gopenguins said:
Booooom said:
That's really not sad..

The dude only got 3 years for all that shit??

That's a gift


its a gift to be put in prision for possession of something that grows naturally? Ok, he broke the law, I understand that...but I wouldnt exactly call it a gift. Probation would have been a gift in these circumstances. I do believe you have to pay the consequences for breaking the law (if you dont like the law fight to change it, breaking it doesnt help your cause), however I dont believe taking away someones right to freedom (by putting them in prison) should ever be a consequence for a non-violent crime. Freedom is the most precious thing we have, nothing is worth having that taken away.


I think he was speaking in relative terms

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Re: Sad Drug Bust [Re: Hix]
    #6801284 -

yeah.. I was talking about getting popped with 3 pounds of shrooms, cultivating over a hundred plants, LSD, and ketamine


Three years really is nice for all that shit

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Re: Sad Drug Bust [Re: Boom]
    #6801601 -

This is a shit deal no doubt, and I bet if he would have known not to conscent to any search and still got popped with those he could have gotten mad help with funding from the ACLU. What do you guys think? I know this local festival that goes on once a month during spring/summer called schwagstock and people were getting searched coming and going to this campsite/outdoor theater. The ACLU jumped in and was ready to take it to court from what I hear.


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I love poo, any friend of my mushrooms is a friend of mine..

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Re: Sad Drug Bust [Re: jash420]
    #6801678 -

That definitely is sad. Such a young age to be looking at 3 years in a state pen. We should all learn from his mistake, don't try to take large amounts of drugs on public transportation, and if you're in a car, put it in the trunk. And like RoosterCogburn said:

"I do not consent to any search."

"Am I being detained?"

You don't have to say anything but those 2 lines, not another word. Most cops will try to be tough guys and lie to you, saying this or that, but if you don't say anything but those 2 lines, you greatly improve your chances of not getting searched *in most cases*.

Blessings to this guy :'(

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Re: Sad Drug Bust [Re: Quais]
    #6802898 -

its sad he had the good intent :frown:

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Re: Sad Drug Bust [Re: indica]
    #6805118 -

While I don't know the specifics of the law, I doubt he would have had any chance of getting the search thrown out as illegal even if he had not consented. He was most likely about to board public transportation with luggage. I honestly believe all public transportation providers have the right to search all luggage being brought on board. I know Greyhound and Amtrack do. I live in the south and public transportation is limited mostly to buses here. With one driver who is always late, I seriously doubt they ever search anyones baggage, but wouldn't be surprised if they do in fact have the right to do so.

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Re: Sad Drug Bust [Re: Ojom]
    #6805233 -

That sucks. Sounds like he had a good collection going on.


--------------------
Long you live and high you fly
And smiles you'll give and tears you'll cry
And all you touch and all you see
Is all your life will ever be.
-Pink Floyd-

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Re: Sad Drug Bust [Re: jash420]
    #6808708 -

jash420 said:
This is a shit deal no doubt, and I bet if he would have known not to conscent to any search and still got popped with those he could have gotten mad help with funding from the ACLU.  What do you guys think?  I know this local festival that goes on once a month during spring/summer called schwagstock and people were getting searched coming and going to this campsite/outdoor theater.  The ACLU jumped in and was ready to take it to court from what I hear.


Schwagstock is the BOMB. :laugh:

Thanks for the clarification of law.


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All keystrokes performed on this user's account are completely random and are not to be taken seriously.

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