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MagisterMan
Profile Blog Joined December 2008
Sweden525 Posts
December 07 2009 21:45 GMT
#101
GeneralStan laid it out very well. You can't blindly follow the advice "never talk to cops".
Nachos?
Zapdos_Smithh
Profile Blog Joined October 2008
Canada2620 Posts
December 07 2009 21:53 GMT
#102
On December 08 2009 06:18 GeneralStan wrote:
I think 'don't talk to cops' is being misconstrued here.

If you get pulled over, and you think "Don't talk to the cops" means that you should clam up and not say a word, that's wrong. Initially, being friendly and courteous is likely to put them in the mindset to warn rather than go looking to write a ticket. Once they decide to charge you, there is no advantage to cooperation.

"Don't talk to cops" comes in at this point. It means that you admit no guilt. In the case of a speeding ticket, a cop may attempt to beguile you by getting you to admit that you may have been going only a few miles above the speed limit. They'll make it seem like its no big deal. The problem there is you've admitted guilt, and the fact that it was a minor infraction doesn't matter. Speeding is speeding after all! In this case, you maintain that you were going the speed limit. Make the cop work to prove your guilt, rather than admitting it and making his job easy.

And never ever consent to a search, especially when you've something to hide. It is easy for a cop to claim probable cause, but more difficult to make that stand up in court. If you can beat the probable cause, you've beat the charge, and consenting to a search robs you of a possibly easy way to evade the charge.

Basically, it comes down to a scale where you cooperate with a cop less the more they want to charge you with something. Be courteous at first, but don't consent to searches. And once they've arrested you, say nothing!


There we go, that's settled.
sith
Profile Blog Joined July 2005
United States2474 Posts
December 07 2009 22:13 GMT
#103
Yeah...by talking to the police, people really mean don't be retarded and admit your guilt before the thing has even gone to trial (whatever it is). If a cop asks you if you were going 60 in a 45 and you say you were only going 50...well look you just admitted guilt to speeding! Same with searches in the car. If a cop says "Can I search your car?" you say "I don't consent to any searches" and if they go ahead and do it anyway that's fine, but the court will then decide if they had probably cause.

Be friendly, but know your rights (and the right to shut the fuck up is #1 of them) is the key message here.
Physician *
Profile Blog Joined January 2004
United States4146 Posts
December 07 2009 22:55 GMT
#104
usually they don't let you smile in mug shots, lucky you..
"I have beheld the births of negative-suns and borne witness to the entropy of entire realities...."
old times sake
Profile Blog Joined November 2009
165 Posts
December 07 2009 23:16 GMT
#105
If Cops do something illegal, what are you going to do, spend $100,000+ trying to take it to the Supreme Court? Just leave the U.S.; it's for millionaires and slaves only.
Lol it's so funny watching the level of posting deteriorate so rapidly when supporters of this decision are confronted with such nefarious things as REASONS. --fanatacist
Freyr
Profile Blog Joined July 2004
United States500 Posts
Last Edited: 2009-12-07 23:21:57
December 07 2009 23:21 GMT
#106
On December 08 2009 04:10 cYaN wrote:
Was i the only one who laughed when the policeman said that "interviews in places like spain and italy start out physical"? And that they could do whatever they wanted there? ahahahahahaha. I'd be surprised if he'd ever traveled outside the us, let alone been part of any international investigations. Did he think he was mentioning burma or something? lol^^ loved that guy. Especially when he went on to more than imply that you're guilty until proven innocent once you're in a defendants chair.

Also, i really wish i knew more about norwegian law, because i'm pretty sure non of this shit applies to me.... unless i'm stupid enough to sign something incriminating. Then again... we don't really have the jury system, which is just a joke. I really shouldn't get into it cause i dunno enough about it to speak up against a counter argument, but i couldn't help myself


I thought he was pretty clear that he was referring to what the jury might think, which seems plausible enough to me. You have no guarantee the a jury consists of educated and intelligent people.

I don't know anything about foreign police behavior though, so I can't comment on the rest.
Number41
Profile Joined August 2008
United States130 Posts
December 08 2009 00:01 GMT
#107
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)

If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.
lone_hydra
Profile Blog Joined July 2009
Canada1460 Posts
Last Edited: 2009-12-08 00:11:59
December 08 2009 00:11 GMT
#108
On December 08 2009 05:06 omfghi2u2 wrote:
Show nested quote +
On December 08 2009 04:59 lone_hydra wrote:
Wait, I know the possession of weed is illegal but is smoking it legal? If it isn't, you have got no case.

Because it does not matter whether or not you believe the law is stupid, the fact is it is the law and you broke it and it is the police's job to uphold the law no matter how silly or wasteful you think it is.

Yes, if you had a self rolled joint on your year, that warrants a police search of the car because that is more than enough reason(even evidence) to warrant a search based on suspicion.

GG, next time you smoke pot illegally, dont put the evidence behind your ear.


The police just stumbled upon them because it happened to smell in the area.

And GG you son because my buddy doesnt have shit on his record. Though he paid the same amount as the fine for the lawyer.


Wait... thats like saying you stole some money, and the police just happened to to stumble onto you by following the pieces of dropped loot.

Good for your buddy, he must have a good lawyer to get himself out. This by no means you are the victim still as you guys did use an illegal substance and did get caught. Just did not get punished for it.

I still stand by my belief that the cops were right to investigate and do what they did. They got the scent of an illegal substance, investigated, found more evidence to warrant a search. Nothing wrong with that, just doing their jobs.
Fav Gamers: 2)Stork 5)Bisu
Foreplay
Profile Joined May 2008
United States1154 Posts
December 08 2009 00:22 GMT
#109
i loled at how you just smiled for your mug shot like it was your school picture or something haha. That was really dumb of your friend to let them search the car though
Better than Pokebunny
Ichigo1234551
Profile Blog Joined October 2008
United States649 Posts
December 08 2009 01:02 GMT
#110
On December 08 2009 09:01 Number41 wrote:
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)

If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.


The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?
I WILL DESTROY YOU IN 2009 OK???????????????
Jayme
Profile Blog Joined February 2009
United States5866 Posts
Last Edited: 2009-12-08 01:29:16
December 08 2009 01:25 GMT
#111
On December 08 2009 10:02 Ichigo1234551 wrote:
Show nested quote +
On December 08 2009 09:01 Number41 wrote:
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)

If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.


The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?


No you can't... if your buddy retardedly consented to a search of the vehicle then that means a full bumper to bumper search as well as anything inside the damn thing. Sadly that's the way it goes when you consent to a full on search like that. They also brought in a dog when you consented which would have given them the probable cause they would need to open that bag in the first place. You don't always need a warrant to search/arrest people. There are warrantless arrest authorities and once they arrest someone you can search incident to arrest in a great deal of cases.

I'm telling you from personal experience that if people actually knew how many civil rights they had and just how much they could say no to an officers job would be hard as hell. Fortunately (or unfortunately for some people) they have no clue whatsoever.

If your buddy will fess up to the fact that it is HIS drug paraphernalia then you will get off no problem. If you just point fingers at each other...chances are both of you will get nailed. In most states you can be charged with possession because you were in the same vehicle as the vaporizer...and the vaporizer had been very recently used. This means that you made no attempt to get away from the illegal paraphernalia and that's where they will hang you.

Also some advice from a guy that actually patrols...don't smoke in a god damn parked vehicle anywhere remotely close to an abandoned building. I and every other police officer in the united states looks there for people like you who are smoking it up in the car.

In general police don't give a shit what you do in your own home unless you're beating your wife...but your parked car? Yea, don't do it.
Python is garbage, number 1 advocate of getting rid of it.
meaculpa
Profile Blog Joined November 2009
United States119 Posts
December 08 2009 02:10 GMT
#112
+ Show Spoiler +
[image loading]


Well good luck with the case and don't land yourself in jail. I can't really provide advice, but awesome video there. This was the last thread I read at night and I was on the verge of collapsing. I doubted I could even do 5 minutes of Starcraft. But somehow, this video excited me to watch attentively for 45 minutes. It's one of the best videos ever on the subject.
Blessed is the mind too small for doubt.
Terranist
Profile Blog Joined March 2009
United States2496 Posts
December 08 2009 02:21 GMT
#113
lmao why are you smiling in your mugshot? the police probably thought "holy shit this guy is stoned out of his mind".
The Show of a Lifetime
Number41
Profile Joined August 2008
United States130 Posts
December 08 2009 02:35 GMT
#114
The following is a typical scenario I've witnessed with courts in Lake county, Fl., for someone in your situation. (I am not sure how things will go for you in Pinellas, but we aren't very far apart so I would guess it is similar.)

The judge or hearing officer will read your charges, offer pre-trial intervention (PTI), and ask how you plead. (The judge will also make a decision whether this was a legit charge based on the info in the police report. There is a small chance that he or she will drop the charge at this time.) If the defendant tells the judge that it wasn't his item and he didn't know it was there, the judge will often then ask the defendant whether he wants to take a drug screen. If the defendant passes the screen, the charges will be dropped. If the defendant does not think he can pass the screen it is best to decline and accept the PTI.

In your situation, I suggest obtaining a copy of the police report to see what evidence they have directly linking you to the item (find out if your buddy squealed or if the officer witnessed you using the item). If there is a lot of evidence against you, the judge is less likely to give you the chance to take the screen.

Has a hearing date been set? If so, and it is coming up soon, ask the clerk if you can delay your hearing date until after the holidays. Stop doing drugs so you can pass the screen if given the chance. Ask for PTI or similar deal if you aren't offered the screen or can't pass the screen.

Acquiring a lawyer, pleading not guilty and going to trial will be costly. PTI isn't all that bad and the charges will be dropped if you comply with the terms.

Also, dress respectfully for the court. Most people around here walk in looking like trash. I believe you are more likely to receive a break if you dress respectfully.

If you really want to fight it, call an attorney. Most offer free initial consultations.
Deleted User 3420
Profile Blog Joined May 2003
24492 Posts
December 08 2009 02:39 GMT
#115
you should have used your bankai
Slaughter
Profile Blog Joined November 2003
United States20254 Posts
December 08 2009 02:51 GMT
#116
On a related note: the supreme court is considering making Miranda rights more implicit.

http://news.yahoo.com/s/ap/20091207/ap_on_go_su_co/us_supreme_court_miranda
Never Knows Best.
sith
Profile Blog Joined July 2005
United States2474 Posts
December 08 2009 03:02 GMT
#117
On December 08 2009 10:25 Jayme wrote:
Show nested quote +
On December 08 2009 10:02 Ichigo1234551 wrote:
On December 08 2009 09:01 Number41 wrote:
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)

If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.


The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?


I AM A POLICE OFFICER AND I PATROL.


You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.

I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?

And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?

Thanks, feel free to answer all my questions or none at all.
Archaic
Profile Blog Joined March 2008
United States4024 Posts
December 08 2009 03:27 GMT
#118
On December 07 2009 17:17 {88}iNcontroL wrote:
smiled for your pic haha baller

Sorry for the arrest.. but yeah, shouldn't be smoking n stuff

This perfectly represents how I feel. Great mug shot, but it does suck =\.
Jayme
Profile Blog Joined February 2009
United States5866 Posts
Last Edited: 2009-12-08 03:55:12
December 08 2009 03:53 GMT
#119
On December 08 2009 12:02 sith wrote:
Show nested quote +
On December 08 2009 10:25 Jayme wrote:
On December 08 2009 10:02 Ichigo1234551 wrote:
On December 08 2009 09:01 Number41 wrote:
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)

If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.


The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?


I AM A POLICE OFFICER AND I PATROL.


You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.

I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?

And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?

Thanks, feel free to answer all my questions or none at all.


Party busts usually happen because teenagers are stupid...I'm being serious here. The main thing loud parties do is draw attention. Officers don't give a rats ass if your party is contained and indoors. Most wouldn't care if it was loud either but then people complain.

What happens is that they get too loud or roudy and the neighbor will call it in. Any call with a complainant HAS to be investigated by a police officer (at least here it does). If I get a noise complaint dispatched to me I'll generally see if it has a complainant or not. If not I'll drive by briefly to see how bad it really is and make my decision from there. If it does...well I have to knock on the freaking door, I have no choice.

Here is the thing. I'll normally tell you to keep it down and keep your party inside the house. As long as it isn't a habitual place of offense I'm more than willing to leave without busting a party. I was a teenager once too.

The issue is that there are usually empty beer cans outside, open beer cans in view, or I am forced back because they didn't listen to me the first time. Once I see any of those things I can go inside the house with a warrant...and they are pretty easy to get if you have probable cause.

If your backyard is FENCED IN an officer cannot just go back there and and peek through a backdoor. A fenced in area means it's part of the curtiledge of your home and thereby inaccessible without a warrant. Most officers I know personally would be too lazy to do this anyway.

Anyway around here as long as when an officer tells the party to shut the hell up and they do so...they will be left alone.

Smaller town cops generally have nothing better to do so they might be just a bit more aggressive in trying to get you with something. Just know this... answer the door with ONE person, make sure all open containers are out of sight of the doorway, and make sure the person answering the door is sober enough to communicate readily with an officer without flipping out. Keep your party inside the house if at all possible and every now and then one person should go outside to see if you can hear the party outside of the house.

Officers in big cities usually have other things to do than bust parties. Even on the rare circumstances I'm forced to do so I just make everyone go home. I have no desire to fill out 20000 booking slips to arrest that many kids who are just having fun anyway.

Oh yea, don't joy ride -.- That'll actually piss people off because you're starting to endanger other people.
Python is garbage, number 1 advocate of getting rid of it.
sith
Profile Blog Joined July 2005
United States2474 Posts
Last Edited: 2009-12-08 04:59:51
December 08 2009 04:57 GMT
#120
On December 08 2009 12:53 Jayme wrote:
Show nested quote +
On December 08 2009 12:02 sith wrote:
On December 08 2009 10:25 Jayme wrote:
On December 08 2009 10:02 Ichigo1234551 wrote:
On December 08 2009 09:01 Number41 wrote:
In Florida you do not have to physically possess contraband to be considered in possession. You can be found to have constructive possession. A defendant can be found to have constructive possession where the contraband was in plain view in a common area under control of the defendant. Constructive possession can be exclusive or joint. (For example, both driver and passenger can be found to have constructive possession of contraband found on the passenger-side floor mat of a car. The contraband is in plain view, and both have reasonable control and access to the contraband. If neither fesses up or points fingers, both will likely be charged with possession.)

If this is your first offense, you will likely be eligible for pre-trial intervention. You will sign a contract admitting guilt and placed on something similar to probation. You will have to complete certain conditions, such as: complete a drug treatment program, pay applicable fines and remain drug free for a set amount of time. If you complete the conditions, the charges will be dropped.


The item was in a walmart plastic bag. So can i say that its not in plain view? you seem to know a lot. can you help me in my case?


I AM A POLICE OFFICER AND I PATROL.


You seem to be a police officer! Seeing as you're right here, I was wondering about busting parties.

I'm sure it depends on where you live, but how do party busts usually happen (talking about high school age here)? Is it called in by the neighbors? How much do cops actually care about parties assuming it's under control and indoors?

And I'm aware that you can simply refuse entry to police officers at your door if you want, they need a search warrant to enter, but they don't need one if they can see illegal activities occurring in plain view. Would a police officer actually go to a backdoor or downstairs window slit to try and view illegal activities (probably drinking)? And can they actually go and get a search warrant that night and come back?

Thanks, feel free to answer all my questions or none at all.


Party busts usually happen because teenagers are stupid...I'm being serious here. The main thing loud parties do is draw attention. Officers don't give a rats ass if your party is contained and indoors. Most wouldn't care if it was loud either but then people complain.

What happens is that they get too loud or roudy and the neighbor will call it in. Any call with a complainant HAS to be investigated by a police officer (at least here it does). If I get a noise complaint dispatched to me I'll generally see if it has a complainant or not. If not I'll drive by briefly to see how bad it really is and make my decision from there. If it does...well I have to knock on the freaking door, I have no choice.

Here is the thing. I'll normally tell you to keep it down and keep your party inside the house. As long as it isn't a habitual place of offense I'm more than willing to leave without busting a party. I was a teenager once too.

The issue is that there are usually empty beer cans outside, open beer cans in view, or I am forced back because they didn't listen to me the first time. Once I see any of those things I can go inside the house with a warrant...and they are pretty easy to get if you have probable cause.

If your backyard is FENCED IN an officer cannot just go back there and and peek through a backdoor. A fenced in area means it's part of the curtiledge of your home and thereby inaccessible without a warrant. Most officers I know personally would be too lazy to do this anyway.

Anyway around here as long as when an officer tells the party to shut the hell up and they do so...they will be left alone.

Smaller town cops generally have nothing better to do so they might be just a bit more aggressive in trying to get you with something. Just know this... answer the door with ONE person, make sure all open containers are out of sight of the doorway, and make sure the person answering the door is sober enough to communicate readily with an officer without flipping out. Keep your party inside the house if at all possible and every now and then one person should go outside to see if you can hear the party outside of the house.

Officers in big cities usually have other things to do than bust parties. Even on the rare circumstances I'm forced to do so I just make everyone go home. I have no desire to fill out 20000 booking slips to arrest that many kids who are just having fun anyway.

Oh yea, don't joy ride -.- That'll actually piss people off because you're starting to endanger other people.


Thank you for the well written response, I do appreciate it. I'll take this advice into consideration when...uh....advising others about parties.

Edit: Just curious, what type of area do you live in/patrol? I live in a suburban area myself.
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