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Chemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 1 month
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Judge Called Search of Truck Illegal , [FL]
#7956173 - 01/30/08 03:43 PM (16 years, 2 days ago) |
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Florida ------- Judge Called Search of Truck Illegal
TAMPA - An off-duty Hillsborough County sheriff's detective who tracked and arrested a man on charges of possessing large quantities of marijuana and cocaine set off a constitutional battle now headed to an appeals court.
A Hillsborough circuit judge previously ruled that the sheriff's detective acted with "extreme" misconduct when he "illegally stopped a citizen."
Prosecutors, however, announced Monday that they will appeal the decision in an effort to prevent the judge from throwing out a case involving more than 3 1/2 pounds of marijuana, more than 400 grams of cocaine and paraphernalia that includes presses used to package cocaine into kilograms.
The man's defense attorney says there is nothing to appeal and prosecutors are being "vindictive" and "frivolous."
The legal issue hinges on whether the detective had a reason to stop the driver and whether the driver thought he was free to leave while the detective questioned him.
On May 30, auto-theft Detective Jason Himmel finished his duties for the day and was driving on Falkenburg Road. He saw a truck pulling a trailer containing motorcycles and all-terrain vehicles and decided to follow.
Himmel said motorcycles often are stolen in Hillsborough County and that is the only reason he followed the truck, according to court documents. He had no report of stolen motorcycles and had no reason to suspect these motorcycles were stolen, the documents state.
The driver of the truck drove to a personal storage business and entered a code number at the gate. Himmel followed him before the gate could close, court documents state.
The only way to get out of the storage center, the defense argued, was to back up the way they came in.
Prosecutors argued that there was room for the driver, 22-year-old Anthony Paul Tumminia, to leave had he chosen to.
When Tumminia got out of the truck, Himmel asked for proof that he owned the motorcycles. Tumminia said he could have someone bring the proof.
Himmel then smelled marijuana and called for backup. When other deputies arrived, Himmel searched the back of the truck and found the drugs.
Circuit Judge Debra Behnke ruled the detective blocked Tumminia's only exit. He, therefore, did not think he was free to leave.
Had Himmel and Tumminia met in a "consensual encounter," the evidence would have been admissible in court, the judge determined. A traffic stop for the purpose of investigation, however, provides constitutional safeguards.
She ruled that Himmel's stop violated Tumminia's Fourth Amendment rights that protect him from unreasonable search and seizure.
"An off-duty officer, without pretense or cause, illegally stopped a citizen," Behnke wrote in her order.
She suppressed all the evidence found by Himmel.
On Monday, Tumminia's attorney, John Trevena, asked the judge to throw out the charges.
Prosecutors, however, said they will file with the 2nd District Court of Appeal.
Trevena said that decision amounts to harassment.
"I just don't see any basis for an appeal," he said.
Sheriff's spokeswoman Debbie Carter said the office is standing by Himmel's arrest as proper.
Assistant State Attorney Pam Bondi said she could not comment directly about a continuing case, but that prosecutors agree with law enforcement.
"We have a legal right to appeal," Bondi said, "and we are exercising our legal right."
http://www.mapinc.org/norml/v08/n104/a10.htm
-------------------- Alcoholics Anonymous Narcotics Anonymous Get help, help is free and available 24/7/365. God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!
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FurrowedBrow
Free yourself from yourself



Registered: 10/26/06
Posts: 2,439
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Re: Judge Called Search of Truck Illegal , [FL] [Re: Chemy]
#7956925 - 01/30/08 05:56 PM (16 years, 2 days ago) |
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Am I being detained officer? Am I free to leave? Good article. Congrats to Paul!
-------------------- Multidisciplinary Association for Psychedelic Studies - Become a member!
I prefer dangerous freedom to peaceful slavery. ~ Thomas Jefferson
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Magicius
Stranger


Registered: 12/30/07
Posts: 62
Last seen: 15 years, 8 months
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Re: Judge Called Search of Truck Illegal , [FL] [Re: FurrowedBrow]
#7960312 - 01/31/08 01:58 PM (16 years, 1 day ago) |
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I have a similar case at the moment; my sister's one friend's ex ecx ganster boyfriend hid pot in my room. the cops came to my house looking for stolen goods. Instead, I had showed them where the gangstas hid the dope.
I had a small baggie of shrooms in the closet and didnt want the pigs to confiscate it, since friends and I had planned a weekend. so they find my sister's friend's now ex boyfriends pot in my room; in fact i showed them where it is, they came onto the property without search warrant, looking for stolen goods, he wanted me to tell them the stuff he stole was mine; so they dissed me and entered our house searching for stolen goods, like i was one of that ho's gansta friends. so i was arrested for their dope, but the pigs didnt have a warrant or permission to be there, and they werent looking for weed they were looking for stolen goods.
so what the fuck
i am coming up in court in like a month any opinion s about this shit like i said the pigs didn have permission ro a search warrant.
or reason, they where looking for stolen goods, but found none; rather they found weed, like very little. WTF?
any laywers out there.
my constitutional right of privacy was invaded. i feel penetrat4ed and whats that word. probed. coz I literally have been probed.
COLLATERAL DAMAGE. WTF
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Diana Love
Stranger

Registered: 12/20/07
Posts: 1
Last seen: 15 years, 10 months
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Re: Judge Called Search of Truck Illegal , [FL] [Re: Magicius]
#7961049 - 01/31/08 04:53 PM (16 years, 1 day ago) |
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Quote:
Magicius said: I have a similar case at the moment; my sister's one friend's ex ecx ganster boyfriend hid pot in my room. the cops came to my house looking for stolen goods. Instead, I had showed them where the gangstas hid the dope.
I had a small baggie of shrooms in the closet and didnt want the pigs to confiscate it, since friends and I had planned a weekend. so they find my sister's friend's now ex boyfriends pot in my room; in fact i showed them where it is, they came onto the property without search warrant, looking for stolen goods, he wanted me to tell them the stuff he stole was mine; so they dissed me and entered our house searching for stolen goods, like i was one of that ho's gansta friends. so i was arrested for their dope, but the pigs didnt have a warrant or permission to be there, and they werent looking for weed they were looking for stolen goods.
so what the fuck
i am coming up in court in like a month any opinion s about this shit like i said the pigs didn have permission ro a search warrant.
or reason, they where looking for stolen goods, but found none; rather they found weed, like very little. WTF?
any laywers out there.
my constitutional right of privacy was invaded. i feel penetrat4ed and whats that word. probed. coz I literally have been probed.
COLLATERAL DAMAGE. WTF
Thats complete bull shit. You really, really need to hire a defense attorney for this. Seriously.
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TheFish
Shakedown Street



Registered: 10/07/03
Posts: 440
Last seen: 8 years, 6 months
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Re: Judge Called Search of Truck Illegal , [FL] [Re: Diana Love]
#7961684 - 01/31/08 07:13 PM (16 years, 1 day ago) |
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And learn how to speak before the judge asks you a question.
-------------------- "Comes a time when the blind man takes your hand, Says, 'Don't you see?' Gotta make it somehow on the dreams you still believe. Don't give it up. You got an empty cup only love can fill." Jerry Garcia
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Judge Called Search of Truck Illegal , [FL] [Re: Chemy]
#7972051 - 02/03/08 08:34 AM (15 years, 11 months ago) |
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"We have a legal right to appeal," Bondi said, "and we are exercising our legal right."
Ah, so when the rules go in the police's favor, they exercise and defend them, but when the rules go in favor of a citizen... fuck the citizen.
There are cops who are very cool and decent people. I've had run-ins with them. But lately more and more of them seem to be flaming assholes who break the law whenever they think it convenient.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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numnum59
Pro-Am Mycologist


Registered: 12/07/11
Posts: 1,189
Last seen: 5 months, 21 days
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Re: Judge Called Search of Truck Illegal , [FL] [Re: Chemy]
#16882637 - 09/20/12 08:13 PM (11 years, 4 months ago) |
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"Alcoholics Anonymous
Narcotics Anonymous
Get help, help is free and available 24/7/365.
God bless you all and I hope you receive the help you need to turn away from your lives of sin. Mushrooms and drugs make you gay, you can reverse this homosexual condition with rehab, get help! Stop being gay!"
why are you on this site? what if i said believing that a man traveled across the middle east "performing miracles", was crucified, died and then was resurrected was gay? lol
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Ojom
member




Registered: 10/27/99
Posts: 2,148
Last seen: 3 years, 5 months
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Re: Judge Called Search of Truck Illegal , [FL] [Re: numnum59]
#16884961 - 09/21/12 06:16 AM (11 years, 4 months ago) |
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Since someone bumped this thread for no apparent reason, thought it would be worth noting this dude apparently got busted for weed again more recently. Heh, further searching reveals this dude just needs to get the fuck out of Florida. Those guys down there have his number.
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numnum59
Pro-Am Mycologist


Registered: 12/07/11
Posts: 1,189
Last seen: 5 months, 21 days
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Re: Judge Called Search of Truck Illegal , [FL] [Re: Ojom]
#16892440 - 09/22/12 01:59 PM (11 years, 4 months ago) |
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lol damn i did not realize this thread was this fucking old my bad
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