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Niteshift

__________________
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.

 

PublicDefender

Okay, bad choice of words. I should have said that I wouldn't consent to a search. If they want to search, it will be done over my objection.

Niteshift

If they want to search, it will be done over my objection.

Please allow me to be blunt (no pun intended)............

If I have probable cause to search your car, you could object until you are blue in the face, because it doesn't mean a damn thing.

And, if you bother to interfere, well, that's a problem that can be fixed too.

zoltron

where you were...I knew you'd be answering that...

PublicDefender

You know Nitestick, the reality is that jerk off cops search people all the time whether they have probable cause or not and get away with it by lying on the stand. Consenting to these searches ruins just about any chance a person's lawyer has at attacking the search, not that these attacks have much chance of succeeding anyway.

Even though I never have anything illegal in my possession, I wouldn't consent to a search. I've seen enough not to trust police and I am sure as hell not going to make it easy for them to engage in a practice I find offensive and contrary to the intent of the drafters of the Constitution.

Go ahead and tell people to make nice and cooperate with the nice police officers all you want. I would caution them not to get too cozy with the enemy in this war on drugs.

If you are involved with marijuana or any other illegal drugs, the police are not your friends. To most of them you are nothing but a "doper" and they would like nothing more than to bust you and put you in jail. If you insist on using drugs, you should keep this fact in mind until the war on drugs is finally over.

 

Niteshift

You know Nitestick

After 3 years of allegedly attending law school, you have to resort to childish name games? Ok, Public Offender, I'll play your silly game if you want.

the reality is that jerk off cops search people all the time whether they have probable cause or not and get away with it by lying on the stand.

Of course you say they're lying. You're getting PAID to say that. And, the simple fact of the matter is, you will claim that, even when it's not true. I won't dispute that it has happened, but I will dispute the frequency.

First, your "client" (I'll play along and act like you're a real lawyer) does not have to be honest with you. He's not under oath when he's talking to you and there is a good chance you won't have him take the stand. That means he has NO PENALTY for lying his azz off to you. Because if you go up and parrot his lie, nothing will happen to you because you're just going on what your client said.

Second, I have either audio or video of over 90% of my consent searches. I've yet to have an attorney beat a consent on tape in court, although a few have tried. Most see the tape and take their lying azz client off for a quick huddle before dropping their motion.

Third, should I point out that in a courtroom, you are not under oath. I am.

I've seen enough not to trust police and I am sure as hell not going to make it easy for them to engage in a practice I find offensive and contrary to the intent of the drafters of the Constitution.

How is asking permission contrary to the framers intent?

Go ahead and tell people to make nice and cooperate with the nice police officers all you want.

I VERY RARELY, as in almost never, advise someone to consent. I simply answer their question honestly and as clearly as I can. That is a foreign concept for attorneys, but that's what I do here.

I do, however, advise people to be courteous and not be a wise-azz or a jailhouse attorney. Both practices are usually counter-productive.

To most of them you are nothing but a "doper" and they would like nothing more than to bust you and put you in jail.

And you base this on what? You limited interactions with a handful of cops in a limited geographic area? WOW!

I'll tell you what, I won't tell you stories about all the lying, unethical and sleazy sh*t I've PERSONALLY witnessed attorneys do (as opposed to your second-hand experience) and you can stop speaking as if you actually know what most cops think. How does that sound?

BTW, for the record, in my OPINION, most attorneys aren't your friends either. They are juducial whores who will be on whatever side of an issue you pay them to be on.

PublicDefender

"Of course you say they're lying. You're getting PAID to say that. And, the simple fact of the matter is, you will claim that, even when it's not true. I won't dispute that it has happened, but I will dispute the frequency."

Let me just clear one thing up. I did not become a government lawyer for the money. You probably make more money than I do. I make less than $45k and have to spend a good bit of that paying for books, CLE's and things I need for my job because our budget isn't enough to cover even the basic necessities we need to represent our clients. I even had to provide my own desk, chairs and computer. There are only three of us splitting just one secretary/receptionist even though we handle more than 85% of the criminal cases our county prosecutors file, the third or fourth largest caseload in the state, plus all the conflict cases from a much more populated bordering county. I do what I do because I care about the people I represent and am very distraught about the harm the drug war is causing in our country.

Now, go show off to someone more easily impressed than me. Bother someone who wants to argue with you. I have absolutely no use for your kind.

buster

I got a B S ticket and fought it. I didn't have the cash so I demanded a pd. The lawyer I got was a excellent counsel.
The cops did lie before the bench and I pointed it out in court.The judge could tell they were lying and I got off.

My point is public defenders are a rare breed in todays money grubbing, greed driven world.

__________________
"Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action."
-George Washington

Niteshift

I did not become a government lawyer for the money.

Nor did I become a cop for the money.

You probably make more money than I do. I make less than $45k

So do I.

spend a good bit of that paying for books, CLE's and things I need for my job because our budget isn't enough to cover even the basic necessities we need to represent our clients. I even had to provide my own desk, chairs and computer.

You'd be surprised what I have to spend money on....continuing training, travel, equipment. I bet I spent more on my gun than you did on your desk and chair. And that's just 1 gun. I own my work computer too.

Not really getting a lot of sympathy from me on this.

Now, go show off to someone more easily impressed than me. Bother someone who wants to argue with you. I have absolutely no use for your kind.

I don't need to show off sunshine. You're the one who came in here, CLAIMING to be a lawyer and made a statement that totally flies in the face of 78 years worth of case law.

And I have no use for your kind. It's people like you that go in front of a jury and try to make some child molestor sound like an innocent victim of a trampy 12 year old. It's guys like you that turn drunk drivers back out on the street to kill someone just because someone forgot to notarize a form. It's guys like you that go in front of a jury a LIE their ass off, just so they can claim they are ensuring their clients rights are protected.

I doubt you even remember what justice is.

marleytribute

Niteshift, I totally agree with you! Now I have just one question. I usually never have anything on me when I'm driving, unless I’m going somewhere to smoke. However, I was in an accident a week ago and I forgot that I had a bowl in my car (but has never been used for MJ or anything ILLEGAL). Lets say the cop, for some reason, wanted to search my car and I let them because I know that I do not have anything illegal in my car. So the cops are searching my car and find my bowl. Now lets say you are that cop, or any cop you know. Do they have the right to take me in for questioning or to confiscate my bowl when they do not know if that bowl has been used for anything illegal?

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