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Buzzby · 05-07-2008, 10:02 PM

This is from an article in The Village Voice by Nat Hentoff:

In 2007 alone, there were 39,700 misdemeanor arrests for the possession of small amounts of marijuana. But such possession hasn't been a crime in New York State since the Marijuana Reform Act of 1977. Under that law, which is still in effect, an offender can usually expect to get only a ticket, punishable by a fine of not more than $100.

But most of the 353,000 New Yorkers arrested for having these small amounts from 1997 to 2006 got much more than a ticket: They were handcuffed, photographed, and fingerprinted, held overnight, arraigned in criminal court, plagued with permanent criminal records, and charged with the crime of having marijuana "burning or open to public view."

Since most of these people arrested had the pot hidden in a pocket, backpack, or purse, how did these stop-and-frisks turn into an arrest for "burning" marijuana" or having it "open to public view"?

As "Marijuana Arrest Crusade" demonstrates, this is done "by tricking and intimidating" suspects to take out the concealed marijuana, so that police officers can then claim they saw it "open to public view." In fact, a longtime Legal Aid supervisor quoted in the study says that this process happens "all the time." And such routine deception by the police to set someone up for arrest on a criminal-misdemeanor charge is perfectly legal.

mufasa5446 · 05-07-2008, 10:27 PM

Glad I don't live there.

That's awful! We're supposed to expect the police to help the community and here they are backstabbing the lawmakers by twisting the laws, that were put into play by majority rule I'm guessing, to their means. AWFUL! Someone should be getting charged here, and not the "pot-pocket" people

shibshib · 05-08-2008, 02:08 AM

So are you trying to say it is better to have the cop take out the marijuana than you taking it out? BEcause if you take it out then they can get you for public display... but if they take it out, then its just part of procedure?

steakii · 05-08-2008, 02:09 AM

this should be illegal.

mufasa5446 · 05-08-2008, 03:03 AM

Quote:

Originally Posted by shibshib

Because if you take it out then they can get you for public display... but if they take it out, then its just part of procedure?

That's what it sounds like to me.

Buzzby · 05-08-2008, 04:09 AM

Quote:

Originally Posted by shibshib

So are you trying to say it is better to have the cop take out the marijuana than you taking it out? BEcause if you take it out then they can get you for public display... but if they take it out, then its just part of procedure?

Exactly. If you pull it out, you are "displaying it in public". That's a criminal misdemeanor. If the cop pulls it out, he's just confiscating contraband in a civil citation possession bust.

Didn't you say you graduated from law school? You should be explaining this to us!

ADIDAS · 05-09-2008, 12:18 PM

Wow, great advice Buzz. Might come in use one of these days visiting my sister's, hopefully not though haha.

kinghelwig · 05-09-2008, 02:41 PM

if the only way for the cops to bust you is to set you up for it then let it be thats what good over priced lawyer's are for,dirty cops you bet I wouldn't want to live in N.Y.

THC Fiend · 05-09-2008, 04:31 PM

new york's finest.

**Dark** · 05-09-2008, 04:43 PM

Thanks for the heads up.
This may only happen in New York for the time being but it could spread to other states in the future.
So what if you tell him you have marijuana in your pocket and he tells you to pull it out? Entrapment? maybe they are more careful than that..

05-07-2008, 10:02 PM	#1
Buzzby Buddhist Curmudgeon Join Date: Aug 2004 Posts: 13,613 Grams: 36,626.52 Groans: 26 Groaned at 34 Times in 29 Posts Thanks: 436 Thanked 2,793 Times in 1,468 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	WARNING: NYPD tricks pot smokers into more serious charges This is from an article in The Village Voice by Nat Hentoff: In 2007 alone, there were 39,700 misdemeanor arrests for the possession of small amounts of marijuana. But such possession hasn't been a crime in New York State since the Marijuana Reform Act of 1977. Under that law, which is still in effect, an offender can usually expect to get only a ticket, punishable by a fine of not more than $100. But most of the 353,000 New Yorkers arrested for having these small amounts from 1997 to 2006 got much more than a ticket: They were handcuffed, photographed, and fingerprinted, held overnight, arraigned in criminal court, plagued with permanent criminal records, and charged with the crime of having marijuana "burning or open to public view." Since most of these people arrested had the pot hidden in a pocket, backpack, or purse, how did these stop-and-frisks turn into an arrest for "burning" marijuana" or having it "open to public view"? As "Marijuana Arrest Crusade" demonstrates, this is done "by tricking and intimidating" suspects to take out the concealed marijuana, so that police officers can then claim they saw it "open to public view." In fact, a longtime Legal Aid supervisor quoted in the study says that this process happens "all the time." And such routine deception by the police to set someone up for arrest on a criminal-misdemeanor charge is perfectly legal. __________________ "Say, don't you remember, they called me Al; it was Al all the time. Say, don't you remember, I'm your pal? Buddy, can you spare a dime?" ~ Yip Harburg, 1931 Theocracy Watch

05-07-2008, 10:27 PM	#2
mufasa5446 Member Join Date: Sep 2007 Posts: 296 Grams: 3,867.83 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 113 Thanked 32 Times in 28 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: -1.000%	Glad I don't live there. That's awful! We're supposed to expect the police to help the community and here they are backstabbing the lawmakers by twisting the laws, that were put into play by majority rule I'm guessing, to their means. AWFUL! Someone should be getting charged here, and not the "pot-pocket" people __________________ none but ourselves can free our minds

05-09-2008, 12:18 PM	#7
ADIDAS Represent. KY Join Date: Sep 2005 Posts: 3,252 Grams: 7,797.60 Groans: 3 Groaned at 2 Times in 2 Posts Thanks: 190 Thanked 171 Times in 123 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Wow, great advice Buzz. Might come in use one of these days visiting my sister's, hopefully not though haha. __________________ All Day I Dream About Smoking

05-09-2008, 04:31 PM	#9
THC Fiend Wonko the Sane Tournaments Won: 1 Join Date: Oct 2005 Posts: 2,310 Grams: 2,371.85 Groans: 3 Groaned at 9 Times in 5 Posts Thanks: 111 Thanked 212 Times in 131 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	new york's finest. __________________ "Nietzsche is dead." -God brevity is... wit

05-09-2008, 04:43 PM	#10
Dark Fool on the Hill Join Date: Jun 2004 Posts: 4,483 Grams: 7,616.89 Groans: 40 Groaned at 15 Times in 12 Posts Thanks: 977 Thanked 1,291 Times in 720 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Thanks for the heads up. This may only happen in New York for the time being but it could spread to other states in the future. So what if you tell him you have marijuana in your pocket and he tells you to pull it out? Entrapment? maybe they are more careful than that.. __________________ Sometimes you have to lose your mind before you come to your senses

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05-08-2008, 02:08 AM	#3
shibshib Sr. Member Join Date: Aug 2007 Posts: 587 Grams: 7,044.24 Groans: 22 Groaned at 3 Times in 2 Posts Thanks: 124 Thanked 171 Times in 110 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	So are you trying to say it is better to have the cop take out the marijuana than you taking it out? BEcause if you take it out then they can get you for public display... but if they take it out, then its just part of procedure?

05-08-2008, 02:09 AM	#4
steakii Sr. Member Join Date: Nov 2006 Posts: 1,578 Grams: 15,474.95 Groans: 7 Groaned at 25 Times in 11 Posts Thanks: 171 Thanked 318 Times in 260 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	this should be illegal.

05-09-2008, 02:41 PM	#8
kinghelwig Jr. Member Join Date: Mar 2006 Posts: 157 Grams: 1,694.27 Groans: 0 Groaned at 3 Times in 2 Posts Thanks: 0 Thanked 6 Times in 4 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	if the only way for the cops to bust you is to set you up for it then let it be thats what good over priced lawyer's are for,dirty cops you bet I wouldn't want to live in N.Y.

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