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| | #1 |
| Jr. Member Join Date: Feb 2002
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| My best friend just got busted with an ounce of bud and a scale. He was in a convenience store at about 2am really stoned and when he came out of the bathroom there were 2 cops there. The cops noticed he was toasted and started asking him trick questions and sh*t. well they asked him if they could search his bag, and he said no, but they somehow managed to do it anyways, and thats where they found his stash and scale. And the other thing was that they didnt read him his rights when they arrested him. I'm wondering if there is a way that he could argue this in court, since it seems like they violated his 4th amendment rights. Any response is appreciated. Peace! |
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| | #2 |
| Seasoned Activist ![]() ![]() Join Date: Apr 2001
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| I guess you could try but it seems like cops never really seem to read you your rights. And the person who gets busted alwayz brings thats up. But it never works. ![]()
__________________ Half of the people can be part right all of the time, Some of the people can be all right part of the time. But all of the people cant be right all of the time. |
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| | #3 |
| Sophist ![]() Join Date: Jun 2001
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| i bet nightshift would have the answer for that one. i don't think they HAVE to read you your rights. it just might be a myth.
__________________ I wish outer space guys would conquer the Earth and make people their pets, because I'd like to have one of those little beds with my name on it. If your friend is already dead, and being eaten by vultures, I think it's okay to feed some bits of your friend to one of the vultures, to teach him to do some tricks. But only if you're serious about adopting the vulture. |
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| | #4 |
| Seasoned Activist ![]() ![]() Join Date: Apr 2001
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| Was he a minor?... |
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| | #5 |
| Novice Healer ![]() ![]() Join Date: Oct 2000
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| Ohh the many things one can avoid by using their right to remain silent. I never pass this right up, not even when i got busted a couple years ago. But, unless you are blatantly smelling of weed, with bloodshot red eyes and drawing tons of attention to yourself im sure you could walk away from a cop if you encountered one. Your friend had a scale eh? Sucks man, i dont want to sound negative but hes pretty screwed. An ounce and a scale is a sure fire way of saying hey i intend on selling this. Which of course suffers heavier penalties. Check www.norml.org for the laws in connecticut regarding possession and intent to sell. You wont get off if the cops dont read you your rights, right away. This is a common occurence in threads posted, even i recall asking niteshift this a couple years ago, but he assured me there isnt anything wrong if the cop doesnt read you your rights. Well hopefully niteshift will venture on in and offer you some decent legal advice, but i dont know what good that will do cause it looks like yer friend is pretty much up the creek unless hes a minor, and even then an intent to sell charge is a bad thing. Moral of this story, dont be so obvious and dont carry a scale and large amounts of marijuana on you in public places. Duh! Cleric![]() |
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| | #6 |
| Jr. Member Join Date: Dec 2001
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| It just happened this Thursday. He was driving along in between two counties(always stupid...two sets of cops in one area) and the car he was in got pulled over. Anyway, the cop just started cuffing people and searching them. He found about a dub sack and a freshly packed bowl in my friend's pockets. My friend got thrown back into the car and left there in cuffs for what he said was 30~40 minutes. The cop comes back with a possession charge paper dealy for him and the other three get a "warning". First off, shouldn't the cop have done something before cuffing and searching these fine folks? I wasn't there first hand, but the guy who it happened to wouldn't bullsh*t us. There wasn't anything left out in the open in the car but they had been smoking before the run in with the man(smell factor?). I don't know the laws all that well, but if he didn't even ask to search the car and he didn't ask to search them, isn't there something wrong with this? The guy has to go to court March 25th, which means he ain't goin' to Panama City for Spring Break. Sucks, he's gonna fight it but I doubt he gets out of it. Anyway, I just thought I'd share my group's sad story involving those guys in the blue uniforms. I've got nothing against cops, but shouldn't he have asked to search the car first or something? Oh whatever, I'm just glad it wasn't me! (P.S. One piece of advice.....don't have your sack in the car for longer than you've absolutely got to!)
__________________ Nothin' left to do but smile, smile, smile... |
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| | #7 |
| The Other One ![]() Join Date: Oct 2000
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| dude, that sucks man, an ounce and a scale are a very bad combination in the eyes of the law, not to worry you or anything but AFOAF i know of got caught with an ounce and a scale... and he got locked up for a few months... sry man but hope stuff works out as well as it can |
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| | #8 |
| Seasoned Activist ![]() Join Date: Oct 2001
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| So the miranda rights are optional now? When did that happen?
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| | #9 |
| Jr. Member Join Date: Feb 2002
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| thanks for all the replies. I think he should be alright since he is only 17. I'll check out the NORML site to check out what the penalties are. |
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| | #10 |
| Keeper of the Time ![]() Join Date: Jul 2001
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| Miranda rights refer to interrogation. If the cop found anything because of probable cause ( assuming he had PC to search your friend, more details would help on that one) that would be admissable, regardless of whether or not he was read his rights. Now, after he is in custody, anything that your friend told the cops would be inadmissable since he was not read his rights and was not informed of his right to remain silent. At least this is a learning experience. You have to learn how to deal with cops. You gotta know your rights and you gotta know how not to put yourself in a situation where you could get busted.
__________________ peace and much love |
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