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mirage

read this book it gives u alot of info

ASK ED: MARIJUANA LAW by ed rosenthal

 

IAD

>>Very Long Flame Extinguished<<

The GCW

I have learned some things here about the law.
Seeing Greenman the administrater get corrected helps me understand it is not personal, in being corrected in getting at the truth.

Niteshift, Although I don't care for you correcting me, I am learning. You are being helpful. The reading your rights, maranda thing straightens up that confusion. Most of us would have lost the million dollars on that one.

Even if my wording was a bit wrong technically, my advice is the same.

Do not ever let the law into your home or car or personal anything if you can help it. Of course don't break a law in doing so. But usually when the law is at your door, you'll be asked if they can be allowed in.

Simply say no, just like Nancy Reagan.

Niteshift

GCW,

Thanks.

I guess that was kind of what I was trying to get at. Although it may sound like I'm being too technical, the law really is a pretty technical thing sometimes.

It's not personal. I'm usually pretty good at letting people know when it it.

BTW, your amended advice, is accurate.

The GCW

Niteshift,
What is BTW?

 

tha_hashassin

it stands for By The Way......

Greenman

LOL, well I stand corrected, can't win em all all the time. Thanks nightshift. Its always cool to learn something new about how the law works. So in the cases where people are let off for miranda violations are a culmination of not reading the rights, as well as improperly gathering the evidence supporting the charge?

Niteshift

"Its always cool to learn something new about how the law works."

Could be useful too

"So in the cases where people are let off for miranda violations are a culmination of not reading the rights, as well as improperly gathering the evidence supporting the charge?"

Sort of. Lack of miranda will cause the testimonial evidence to be suppressed. Also, anything derived from it will be suppressed.

However, all that goes out the window if I'm not asking you the questions. If, for example, you're already under arrest for DUI, handcuffed and all, and I have you standing by the patrol car......and you say something like "I should have drank that whole bottle of Jack", even though I haven't read you your rights, that statement will most likely be admissible in your trial. It's a spontaneous utterance. Likewise, if you mumble in your drunken stupor that you sure am glad I didn't find the stolen gun under the seat. Bingo! I got the gun and it will stick.

Also, remember that miranda only applies to custodial interrogation. If you are free to leave, miranda does not apply. So, if I walk up to you and ask you if you have any pot in your pocket and you say yes, your statement is admissable as evidence against you.

The GCW

What if he says no, but you smell it, decide to search him anyway and find a small amount of cannabis. Can you say he is better or worst off by being honest and saying yes, or dishonest and getting found? I would have a harder time lying to you (or anyone) than saying I have cannabis.

What if that person does not want to lie and say no, but does not want to say yes, which is incriminating? Can he deny to answer on the grounds that it may be incriminating?

Does the card that some citizens carry to give to cops help when they are confronted? So there is not even a need to say, I do not want to speak on the grounds that it may incriminate me?

Niteshift

"What if he says no, but you smell it, decide to search him anyway and find a small amount of cannabis"

If I smell it, that's reasonable suspiscion or probable cause, depending on the situation. That changes the dynamics.

"Can you say he is better or worst off by being honest and saying yes, or dishonest and getting found? I would have a harder time lying to you (or anyone) than saying I have cannabis. "

I can only answer that from my personal viewpoint. If you are honest with me, it goes a lot more in your favor than if you try to play me. A guy who is up front with me has a better chance of getting his stash dumped and told to take a walk, than the guy who trys to whiz me with some BS story. Again, that's my personal view, but I know a lot of cops that look at it that way. Some guys are hard a$$es and they'll jam you up either way.

"Can he deny to answer on the grounds that it may be incriminating? "

Sure, it wouldn't be a first.

"Does the card that some citizens carry to give to cops help when they are confronted?"

I'm going to be completely honest with you here. If a guy hands me a card like that (I've only had it happen a couple of times), I get VERY, VERY suspicious. It might be someone who is just really in to the rights thing. Or it could be someone trying to set you up for a lawsuit. Or it could be someone who knows they're breaking the law and has planned for this from the start. 2 of the 3 set bells off for me.

Again, just my personal opinion, but I think the cards are a bad idea. They will create way more suspicion in my mind than if you simply told me, "no, you can't search my car" or "I don't want to answer that". If you have that card, that means you were planning on this encounter before you left your house. The first question I ask myself is, why?

The same cop that will jam you up no matter whether you're honest or not...........how do you think he'll view that card?