Marijuana.com

Niteshift

Without knowing what state you are in, I can't give you a specific answer, but no, generally it wouldn't be against the law. Against policy, maybe, depending on the agency, but not illegal.

Just like an officer can break traffic laws if it is needed to perform his duty, it is sometimes allowed in cases like this.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

 

SirSmokesAlot

Niteshift,

It is unfortunate that we have a law on the books that could be so broadly interpreted. It looks as though the "aim" of the law was designer drugs, but it also appears that this law could be used to make almost any substance, including natural plants and compounds, illegal on-the-fly if an officer or the DA decide to go after someone for it. Have you ever seen this law used in this manner?

As far as the problem we were having with analogs... Most of them were of an unmentionable naturally occuring metabolite (metabolites are classified as food supplements by the FDA) which is found in almost everything we eat, and is also found in every cell of the human body. Ironic what they see fit to outlaw...

stavia hippie

what good is law, when the people who make it and uphold it can break it. i am so sick of having people that need to watch over us, tell us what to do, determine our lives. we are not free in this country, government is a double edged sword i guess, but i dont like any of it.

law is law, there should be no exceptions to the law. but just like outside cyber space, i need to watch what i say. so i will stop while i am ahead.


peace,

Niteshift

Smokesalot:

I've honestly never seen that law misused. The fact is, it would actually be hard to abuse it. The determination does not lie with the officer.

Hippie:

what good is law, when the people who make it and uphold it can break it.

You're looking at this with too narrow of a focus. Look at it in the broader sense. How would we ever catch a speeding car if we couldn't break the speed limit to catch up to it? Would you want me to respond to a violent crime in progress at your home by doing the speed limit and following every traffic law?

What does that have to do with this? Simple, when you start making blanket statements about a police practice (in this case being able to "break" a law), you often cover a lot of things that you would find normal and acceptable. Before condemming a practice, you need to understand the full implication of it.

DrugLawReform

1. Confidential Informant- Will and can use drugs with you. They provide information to police in exchange for money, drugs, and the ability to break the law at random.

2. Police may also use annoymous tips. These are very convient for obtaining warrants on suspects that fit police profiles. Or ones they can't set up.

3. Any deals the police make do not effect whether the state brings charges against you. Any deals you make are not legally enforceable. GET A LAWYER BEFORE MAKING ANY STATEMENT TO POLICE.

4. The police are allowed to lie to a suspect in order to obtain information in a case. This practice has been upheld in federal court as legal, and is commonly used

 

Niteshift

"1. Confidential Informant- Will and can use drugs with you. They provide information to police in exchange for money, drugs, and the ability to break the law at random. "

Most departments will NOT allow a CI to use drugs as part of the investigation. Not only do they sign argreements to that effect, they are also given random drug tests.

Next, they are NOT "paid" in drugs. That is simply not true.

Third, while there have been cases of CI's being let off of minor charges, this practice is much more rare now. In fact, part of the agreement that is signed by most places now, the CI is warned, in writing, that committing other crimes negates any negotiated deal and they will be prosecuted.

"2. Police may also use annoymous tips. These are very convient for obtaining warrants on suspects that fit police profiles. Or ones they can't set up."

Only if the tip is very specific and facts can be corroborated. It is not common.

"3. Any deals the police make do not effect whether the state brings charges against you. Any deals you make are not legally enforceable."

There has been case law to the opposite. If the defendant had a good faith reason to believe that the deal was enforceable, it takes force, even if the person offering it did not have the authority to do so.

"4. The police are allowed to lie to a suspect in order to obtain information in a case. This practice has been upheld in federal court as legal, and is commonly used"

Absolutely true.

DrugLawReform

In Aug of 2001, Dubois Co., Ind. served a search warrant at my house based on a information recieved from a confidential informant. I knew the guy...we were friends..then we had an argument. Obviously, I didn't know he was an informant.
He told police I had cultivation records on my computer,
that i was actively growing pot, and that my uncle, who owns 3 liquor stores, employed a state trooper that gaives me info.
When they searched they recovered 1 joint and a roach.
I was charged with a felony for the joint.(2and possession under 30 grams-felony in Indiana.
The state police had my computer for 4 months.
Nothing was found and no charges were filed for cultivation. There was no state trooper working for my uncle. And I wasn't growing pot.
Nightshift- Please do not tell me I don't know how things work. I know for a fact, their informant sold drugs regularly. I saw him do cocaine with someone he then got busted. And if you don't think informants get alittle something on a big buy, you're a fool. I hate to tell you the police will lie, cheat and steal to get a bust. I've spent $$$$$ on fighting this. In my motion to supress evidence, the judge ruled even though the police informant may have perjured himself, as long as police believed it to be true, it was sufficient for a warrant.Corroboration my ass! I have transcripts of all proceedings.
P.S. This paticular informant must not be walking the walk, since they released his name so readily.

Niteshift

". I know for a fact, their informant sold drugs regularly. I saw him do cocaine with someone he then got busted."

If you'd actually READ what I wrote, I said "Most departments will NOT allow a CI to use drugs". MOST. MOST. MOST. Your statement made it sound like all of them do. This is not true.

"And if you don't think informants get alittle something on a big buy, you're a fool."

I KNOW my CI's don't. And I'll thank you to not call me a fool unless you have something other than unsubstantiated BS to back it up.

"I hate to tell you the police will lie, cheat and steal to get a bust."

Your gross stereotype of the 740,000+ LEO's in the US based upon your dealings with a couple is childish.

Read more carefully and don't be so quick to stereotype. You might actually find out a thing or two.

DrugLawReform

People, I told you what happened to me. I have factual court documents. If want to apply niteshifts agency, of knights in shinning armor, as a standard, you better watch out. ALWAYS GET A LAWYER BEFORE TALKING TO POLICE. (no matter what they tell you!)

Niteshift

Be as sarcastic as you want, it only proves that you have little to refute what I said. If all you can do is result to attacking me, you've lost.

BTW, you'll notice I never advised against consulting a lawyer.