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Old 12-10-2005, 07:46 AM   #1
Mr.Spliff
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Default arrested but got the last laugh

Heres the story of my night. I went to my place of employment to split a ounce up with my buddy. (its not uncommon to do these things around my work because everyone smokes) we just finish up dividing it when a cop rolls up on us behind my work. My buddy hides his scale and his buds under his seat while i put mine in my boxers. Our idea was to say that we worked there and were waiting for our friend to get out. He never asked what we were doing there. First thing he said was "do you guys have marijuana in there" before we could reply he told my buddy to get out of car to cuff him. While doing this he told me to put my hands on the dash. He comes back fronting putting my friend in the car and tells to get out of the car. He then asked if I had any drugs on me or if there were any in the car. I gave him my really nice glass piece and about 1.2g of buds front my pocket. he pats me down and searches my pockets and just finds a fresh pack of zig-zags, some change and a few lighters (can never have too many lighters). After this we are both handcuffed and in the back of the car. He told us we were being arrested for possesion of marijuana but NEVER read our rights(can't you use that against them?). The cops starts to search the car and finds my friend's scale and his buds in a few seperate bags. We get down to the station and are taken to small room with a few cops and a holding cell. The cell had a small bench for up to 3 people and a camera in the corner. They made us give them our shoes,belts,hats,coats,hoodies everything...They patted us down and searched our socks. They found nothing. At this point i realize this guy really didnt find the half ounce in my boxers. haha. My friend was taken and asked if he was dealing because of the seperate bags and scale they found. He said "no I don't deal. The scale is so I don't get ripped off and the weed is in seperate bags bc I have a extensive smoking habbit and seperate weed for each day of the week." hah what a bull**** story but it worked. Then they do what they always do and try and get you to rat out the source.."We are professionals are can make this all go away if you talk. They won't know who told us" my buddy replied with "We both know you're wasting your time." We are then taken seperatly to gets our mugshots (good time) on the way I was worried if my buds would drop from my pant leg and leave a little trail behind me but my stash was secure in my drawers. We are then taken back to the cell were we waited about 30 min untill they came and gave us our belongings back. They told us we could leave and that we had to appear in court in a month. On my way out I realize they didnt give my brand new pack of zig-zags back to I went back and asked for them back and sure as hell did. (I think they were going to roll my friends bud up and smoke it) We left when I told my friend about the half ounce i had in my pants and he cracked up laughing. These cops don't search your boxers.....what if i had a small firearm in my boxers? What if I was a crazy phyco? anyway thats it.
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Old 12-10-2005, 08:07 AM   #2
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Hmm, cops are supposed to read you your rights, but its your word against the cops, so you really have nothing to work with on that. Of course, you can tell them you had a half ounce in your boxers and they failed to find it. That would probably get all the cops working around there fired. That would be great. Anyways, sorry you got busted. I wouldnt smoke that half yet, because youll probably end up with drug tests sometime in the future.
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Old 12-10-2005, 08:51 AM   #3
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They didnt have to read you your rights unless they were questioning you after they had cuffed you and put you in the back seat. But it sounds like they were only asking questions of your friend after you guys were in custody. But thats really beside the point, its not like they are going to need anything you guys said in court. Then your lawyer could get the statement thrown out and thats about it. They have enough evidence to make everything stick though.

That sweet that you still had your half after that. But it really sucks you got arrested and booked. Shadey car deals behind buildings are never the way to go unless you want to get caught.
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Old 12-10-2005, 04:55 PM   #4
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I'm pretty sure they have to read you your rights. In Miranda v. Arizona, the Supreme Court ruled that, prior to being interrogated, you must be informed of your rights. I'm sure there are certain exceptions (maybe TMK can fill us in on those...). But, regardless, if I were you, I'd get a lawyer ASAP.

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Q. At what point are police required to inform a suspect of their Miranda rights?

A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave.

(Taken from this website.)
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Old 12-10-2005, 04:57 PM   #5
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but they never interrogated him did they? only the other dude...

says after in custody, but before interrogation

I'm gonna go with hauptmann that they had no need to read/quote them
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Old 12-10-2005, 05:11 PM   #6
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Since they didn't read you your rights they can't use anything you said against you in court. At least, in Canada. They still found your friends bud so they've probably got enough evidence anyway.
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Old 12-10-2005, 05:12 PM   #7
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sucks that you got caught. how do you manage to keep a sac in your boxers. were u pressing ur thighs together or something
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Old 12-10-2005, 05:14 PM   #8
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No Hauptmabn is right.....so many people believe that having your rights read is a necessary part of an arrest, but thats not true. the only time rights must be read is if they are interrogating you AND they plan to you use any statements you make agaisnt you. Otherwise, they NEVER absolutely HAVE to read them to you. Take it from me.....legal issues are my area of expertise. In this case, even the statements they attempted to coerce from the guys wouldn't have fallen under the area where Miranda rights must be read, as such statements would likely never wind up in tyhe courtroom.....if they had ratted, the carges would have likely been dropped, and they would never see a courtroom, let alone have their statements used against them. Without anything they said being used in any way, they had enough evidence to make the charges stick, so its irrelavent anyway. The idea that having your rights read to you in a mandatory part of an arrest is entirely false
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Old 12-10-2005, 05:18 PM   #9
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Quote:
Originally Posted by troublemaker_42
No Hauptmabn is right.....so many people believe that having your rights read is a necessary part of an arrest, but thats not true. the only time rights must be read is if they are interrogating you AND they plan to you use any statements you make agaisnt you. Otherwise, they NEVER absolutely HAVE to read them to you. Take it from me.....legal issues are my area of expertise. In this case, even the statements they attempted to coerce from the guys wouldn't have fallen under the area where Miranda rights must be read, as such statements would likely never wind up in tyhe courtroom.....if they had ratted, the carges would have likely been dropped, and they would never see a courtroom, let alone have their statements used against them. Without anything they said being used in any way, they had enough evidence to make the charges stick, so its irrelavent anyway. The idea that having your rights read to you in a mandatory part of an arrest is entirely false
i never knew that. i thought cops were supposed to sya my rights at an arrest. learn soemthign everyday.ahhim high
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Old 12-10-2005, 05:35 PM   #10
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Quote:
Originally Posted by Stoned247
I wouldnt smoke that half yet, because youll probably end up with drug tests sometime in the future.
i highly doubt i'll be drug tested. just given an acd and will have to stay out of trouble for a few months.

Quote:
Originally Posted by Smoke_THC
sucks that you got caught. how do you manage to keep a sac in your boxers. were u pressing ur thighs together or something.
Luckily I had wore a smaller pair of boxers than usual with helped keep the bag secure.



i was never interrogated because of my clean record. my friend was because of the seperaste bags and scales. he's lucky they didnt charge him with attempt to distribute but yea he told me they never read him his rights before interrogating him.
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