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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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just arrested with felony possession UPDATE: charges DROPPED
#8068185 - 02/25/08 10:54 AM (15 years, 11 months ago) |
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I was pulled over in tennessee for tailgating behind a van (3 car lengths is what is on the ticket). the officer asked for consent to search the car and I refused. I had to wait 45 minutes for a dog to show up and of course, they found 1oz of cannabis.
they arrested me on the spot, seized my automobile, cell phone, all my cash. I wont be able to have a chance to get any of this back until after may. What sucks more is the car wasn't even mine. I had a lot of cash on my because I don't use banks. FUCK~!
I need help, this is my first offense, first time being arrested. I don't know what to do. (i know i need a lawyer, im looking around)
any advice is greatly appreciated.
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
Edited by derx (07/11/08 10:05 AM)
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itsallnines
mush-head



Registered: 04/17/07
Posts: 385
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Re: just arrested with felony possession [Re: derx]
#8068204 - 02/25/08 11:02 AM (15 years, 11 months ago) |
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get a lawyer. first offense? what state do you live in? interesting that they would bother with the dog. also, how did the dog find it if you wouldn't let the dog in the car?
-------------------- by their fruits ye shall know them.
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smily
lookin 4 my ass wit both handz



Registered: 07/13/06
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Re: just arrested with felony possession [Re: derx]
#8068206 - 02/25/08 11:03 AM (15 years, 11 months ago) |
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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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Re: just arrested with felony possession [Re: smily]
#8068244 - 02/25/08 11:23 AM (15 years, 11 months ago) |
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Quote:
smily said: look at this ???
http://norml.org/pdf_files/state_penalties/NORML_TN_State_Penalties.pdf
I've already seen that. The law in tennessee states more than 14grams is felony possession.
The dog cop let the dog run around inSIDE my car. stupid dog couldnt smell the jar of stanky weed though, but they found it after searching for about a hour.
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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Re: just arrested with felony possession [Re: derx]
#8068255 - 02/25/08 11:27 AM (15 years, 11 months ago) |
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BTW: now im stranded in tennessee with no car, no cellphone and no fucking money.
FUCK THE
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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robbyberto
Water Boy


Registered: 05/11/06
Posts: 15,499
Loc: Netherlands
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Re: just arrested with felony possession [Re: derx]
#8068294 - 02/25/08 11:41 AM (15 years, 11 months ago) |
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Not consenting to a search doesn't constitute probable cause. There must have been something that would have helped them get a warrant.
-------------------- “People say having kids is life changing, well that doesn’t necessarily mean a good thing, does it? I could take one of my legs off. That would change my life.” -Karl Pilkington
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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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Re: just arrested with felony possession [Re: robbyberto]
#8068301 - 02/25/08 11:44 AM (15 years, 11 months ago) |
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the DOG signalling there was narcotics in the car is probably cause, according to the police. I warrant was not obtained before i was searched, arrested or jailed.
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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robbyberto
Water Boy


Registered: 05/11/06
Posts: 15,499
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Re: just arrested with felony possession [Re: derx]
#8068318 - 02/25/08 11:51 AM (15 years, 11 months ago) |
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Well that is it then. I'm sure that they also train their dogs to signal for no reason just to have probable cause, but that doesn't apply in your case. I don't get it though. They weren't arresting you for anything, but they made you stay there for 45 minutes? That seems fishy. Tailgating would just be a ticket, right? After the issue a ticket you're free to go. Did you even get a ticket?
-------------------- “People say having kids is life changing, well that doesn’t necessarily mean a good thing, does it? I could take one of my legs off. That would change my life.” -Karl Pilkington
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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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Re: just arrested with felony possession [Re: robbyberto]
#8068344 - 02/25/08 12:04 PM (15 years, 11 months ago) |
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the officer gave me a warning ticket. He said I am free to go, even though a dog is on the way. I asked him if he could repeat this again on video, he restated, you are free to go. You are not under arrest, you don't have to stay here BUT the car is currently under investigation and cannot be moved.
IE. im from 1000 miles away from home and a hour from the closest town, but im free to go. He says, 'you can walk a mile up the road and there is a diner but i think it's closed'
the story is really fishy and fucked up man!
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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CidneyIndole
www.shroomery.OG



Registered: 05/16/05
Posts: 4,761
Loc: Love's Secret Domain
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Re: just arrested with felony possession [Re: derx]
#8068352 - 02/25/08 12:06 PM (15 years, 11 months ago) |
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1- I thought they could only walk the dog around your car. I could be wrong there.
2- What do you mean by "stupid dog couldnt smell the jar of stanky weed though, but they found it after searching for about a hour?"
-------------------- ------------------------ I am me. We are You.
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robbyberto
Water Boy


Registered: 05/11/06
Posts: 15,499
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Re: just arrested with felony possession [Re: derx]
#8068354 - 02/25/08 12:07 PM (15 years, 11 months ago) |
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That sounds really bizarre. I think a lawyer may be able to get you out of this. If not, I'm sure the charge will get seal/expunged relatively soon.
-------------------- “People say having kids is life changing, well that doesn’t necessarily mean a good thing, does it? I could take one of my legs off. That would change my life.” -Karl Pilkington
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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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Re: just arrested with felony possession [Re: CidneyIndole]
#8068356 - 02/25/08 12:08 PM (15 years, 11 months ago) |
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i mean, the only thing the dog picked up on was some shake in my grinder that was in the center console, hidden away from view. I had an oz in the backseat in a sealed mason jar. The dog signalled for the grinder but not the oz of weed in the back seat.
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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Ojom
member




Registered: 10/27/99
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Re: just arrested with felony possession [Re: derx]
#8070262 - 02/25/08 09:22 PM (15 years, 11 months ago) |
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I would definetely get a lawyer. You should be able to beat the charges on the basis of how long it took for the dog to get there. While the officer said you were free to go, they effectively impounded your car which essentially detained you. I don't know where you were pulled over, but it may even have been illegal for you to be a pedestrian along that road. Sounds like the officer was trying to skirt the recent court decision which said that drug dogs must get to the scene in a "reasonable" amount of time which basically equates to the amount of time a normal traffic stop may take.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: just arrested with felony possession [Re: Ojom]
#8073416 - 02/26/08 04:56 PM (15 years, 10 months ago) |
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People can and have gotten off on pounds of narcotics charges based on being unreasonably detained.
You did the right thing and I think you have a good case. Get a good lawyer, it will be worth every penny.
One other thing you need to do is go to the copshop and file a records request. Ask for the police report and all video and audio on your case.
Even though it's highly illegal exculpatory evidence has a habit of getting lost, taped over, camera problems, camera not turned on, etc.. It's a lot harder for them to pull this BS if you request it immediately upon getting released. Getting it yourself will also save you some money in legal fees and will help get a lawyer to take your case in the first place.
There's also a good chance that they'll offer you a misdemeanor charge with just a fine. If that happens you'll have to decide weather the expense of getting a lawyer justifies beating the system.
Good luck!
-FF
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AndhesEcuador
Primitive and Proud



Registered: 08/29/07
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Re: just arrested with felony possession [Re: fastfred]
#8073447 - 02/26/08 05:00 PM (15 years, 10 months ago) |
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You are gonna be alright, the fact its a felony won't help however.
Get a good lawyer and he will get it severely reduced or taken away completely.
All this means is that you will have to pay a lot of money.
It sucks man. All pigs should have their faces stomped imo.
-------------------- NO EGO WBS TEK
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tak
geo's henchman




Registered: 11/20/00
Posts: 3,776
Loc: nowhereland
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Re: just arrested with felony possession [Re: AndhesEcuador]
#8073607 - 02/26/08 05:39 PM (15 years, 10 months ago) |
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I was under the impression that they were allowed to detain you for up to 120 minutes without a reason.
-------------------- The DJ's took pills to stay awake and play for seven days.
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Ojom
member




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Re: just arrested with felony possession [Re: tak]
#8074628 - 02/26/08 09:04 PM (15 years, 10 months ago) |
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http://stopthedrugwar.org/chronicle-old/314/dogsearch.shtml
That article indicates that police cannot detain you merely for a drug dog to get to the scene. If the dog gets there in a reasonable amount of time for a traffic stop then they can use the dog, but without probable cause, or maybe its reasonable suspicion, they can't prolong your detention waiting on the dog to arrive.
That ruling is 5 years old so maybe there is a newer precedent. Thats why you really need a lawyer in this case.
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derx
who run it



Registered: 05/29/03
Posts: 2,459
Loc: dx/dt
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Re: just arrested with felony possession [Re: Ojom]
#8074944 - 02/26/08 10:04 PM (15 years, 10 months ago) |
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thanks for that information. It is reassuring.
does anybody know how much a retainer fee for a lawyer usually is?
-------------------- better living through chemistry OVERGROW the government!! it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.
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smily
lookin 4 my ass wit both handz



Registered: 07/13/06
Posts: 2,592
Loc: Lee HO FooKs
Last seen: 9 months, 3 days
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Re: just arrested with felony possession [Re: derx]
#8074992 - 02/26/08 10:12 PM (15 years, 10 months ago) |
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depends friend just hired Bill Panzer for a case he wanted like 10,000 so its gonna vary on par with how heavy weight lawyer ya get.
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usg543
◕‿◕


Registered: 02/11/07
Posts: 5,192
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Re: just arrested with felony possession [Re: derx]
#8077469 - 02/27/08 02:35 PM (15 years, 10 months ago) |
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do you look like a hippy? i've been pulled over in tennessee many times, doing retarded stuff and never have i been searched. however my friend had really long hair and looked skaterish/emo and always gets searched.
When I was younger, all in TN:
I was drag racing stoplight to stoplight in the middle of my hometown, got pulled over for 60 in a 40. I got a huge speech (think i was 16 or 17 at the time). Got a ticket and was let go.
Was going 110 mph in a 70 on I-40 at like 2 am, had two 8ths on me in my jacket pocket. Cop got me at 99, I was so nervous that I gave him my debit card instead of my license... He was nice, gave me a ticket, and let me go.
And recently, I had been drinking beer (maybe like 3) and smoking bowl after bowl of some dank, got pulled over for not having my lights on. He let me go no problems.
Just curious, there has to be a reason the cop wanted to search you. Past record? Look like a hippy? Did the car smell like bud? Was it a bad part of town, or a place just known for police to hassel you? Just trying to better understand the story so I can avoid what just happened to you. Getting pulled over and searched for 'tailgaiting' sounds like a bunch of bullshit.
Either way, that sucks a lot man, I would get a lawyer and try to make it go away. My friend got pulled over for the same shit, but in Florida, and all he has to do is a year probation and he gets his record expunged. But he is also in debt to his parents, because his lawyer cost a lot.
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