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 Know your rights, Take the quiz "MOE'S BIG ADVENTURE"
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| Author | Topic: Know your rights, Take the quiz "MOE'S BIG ADVENTURE" |
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lc576 Amateur Bodybuilder (Total posts: 88) |
posted August 14, 2000 08:21 PM
  
I don't think most of you know your rights. If you did you would never fear an encounter with law enforcement. Its ignorance that fuels most hate, so here's my contribution to bringing cops and citizens together in a big group hug. "MOE"S BIG ADVENTURE" Officer John E Law just started the midnight shift at 2300 hrs, patroling the streets of Eliteville. Little did Officer Law know that just ten miles away, Moe Dank and Thickdog were cruising into town. Moe was driving (the car belonged to him)and Dog was in the passenger seat. Moe reaches for his bag and hands it to Dog and says, "role a fatty." Unfortunally Dog was too drunk to role it, so Moe says, "you drive and I'll role." So they switch and swerve into town. Officer Law, ever vigilent observes said swerving and stops the car. He has Dog exit the vehicle and preform field tests, which he fails. Officer Law then cuffs and stuffs Dog. Officer Law approaches Moe (the owner of the vehicle) sitting in the passenger seat and say's, "I need you to exit the vehicle" which Moe does. Officer Law starts searching the interior compartment of the vehilce. Moe wigs and says, "hey this is my car and I don't want you to search it!" Officer Law says, "Take a seat, I'll be with you in a moment!" Law continues to search while Moe continues telling Law to get out off his car. Officer Law emerges from the vehicle holding Moe's prize bag of bud. Officer Law say's, "is this yours?" to which Moe says, "all right copper, you got me, it's mine" Law puts on that Barny Fife grin and say's, "thats right, nobody puts one over the Law." Off to jail for Moe and Dog!!!!!!!! The questions 1. Was the search a legal search? 2. Will Moe get stuck for the possession charge? Stay tuned for the answers and more info on your 4th and 5th amendment rights. Knowledge will set you free. IP: Logged |
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HackN2it Pro Bodybuilder (Total posts: 173) |
posted August 14, 2000 08:30 PM
just my 2 sents.... Was there probrable cause to search? Was there smell of herb in the vehicle? Was there a DUI test done on poor Moe? And I think if Moe says you can't search his car, without probrable cause you are shit outta luck... Not sure though so don';t flame the shit outta me. I know when I get stopped it's turn the car off, my keys on my little finger, and hands out the window, yes sir no sir... Nothing I hate more than some little guy with a gun being nervous... Hack ------------------ IP: Logged |
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Future One Pro Bodybuilder (Total posts: 187) |
posted August 14, 2000 08:37 PM
I'm gonna go out on a limb here, and say that I like the police, without them, I think we'd all fear walking on the street, and criminals would create anarchy, and I understand that Cops, just like anyone else are very stressed out, but I wouldn't mind if they weren't so damn pushy and stuff... BTW- 1. The search was not legal, and 2. he will get arrested because he admitted to possesion, in which case it won't matter if the search was or wasn't legal... ------------------ IP: Logged |
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moe dank Pro Bodybuilder (Total posts: 1468) |
posted August 14, 2000 09:53 PM
well lets see here....... I think the search was illegal due to the fact that since i am the owner of the car and hadnt commited any offence then the officer had no right to search. I really have no idea. I would have been eating the bag and what i couldnt eat i would have put in my pocket so you couldnt see the bag. Maybe the bulge, but if it doesnt feel like a weapon the officer has no right to dig through my pockets if i havent been charged with a crime. So i guess the same would apply to my car.......... Thanks for the answer to this when it comes IC. It is good to know just how far the law can go. Not that all of them arent going to stand up and lie in court, but i still like to think the majority are honest about every thing. IP: Logged |
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HackN2it Pro Bodybuilder (Total posts: 173) |
posted August 14, 2000 10:00 PM
Damn Moe!!! heheh you are a pisser!!! Eating that shit! I was with a buddy of mine one day and we where zipping around in his car. A cop saw us blow by and my friend had a shit load of Dbol and other goodies on him. He tosses all the shit out of the car when the cop was making a u turn. We get stopped he lets us go and then when he leaves he had a funny smile on his face. We turn around to get his shit on the side of the road, and there is the cop! Blam he drives right over it!!! But atleast he didn't lock us up Hack ------------------ IP: Logged |
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Cleaner Pro Bodybuilder (Total posts: 628) |
posted August 14, 2000 11:24 PM
ok LC - I'm a little rusty don't cause near as much trouble as I used to, but I'm game. 1) Dog failed the field test will driving. Being the driver that gives the officer the right to search the vechile for what ever evidence he might turn up. Even thought its Moe's car. Moe should have not claimed the bag. I don't think TD would be jumping up for that one either! Bottom line keep your attorney on retainer or stay at the club and have one of the hotties drive you home! IP: Logged |
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CalKid Amateur Bodybuilder (Total posts: 98) |
posted August 15, 2000 12:13 AM
Not a good idea to admit that the drugs were yours. Since it was a voluntary statement, it would probably be admissible even without the reading of your Miranda rights. Also, the search was probably within the scope of the 4th amendment since the police have the authority to do a "protective sweep" whenever doing a lawful arrest. Since there was P/C for an arrest (failed field test), the protective sweep of the entire of the car is alright. (The US Supreme Court cuts the line at the trunk, but the entire passenger compartment can then be searched.) However, it can only be searched for weapons that are within your "wingspan." Alternatively, if you are under arrest, the cops can do an "inventory search" of the entire car. Regardless, if drugs are found instead of weapons, then they are taken. (and thus there's also P/C to search the trunk.) Your "reasonable expectation" of privacy in your car is much lower than your house due to the mobility of the car. Thus, many searches such as this have been upheld. You can always make creative arguments for keeping evidence out (we do it all the time.) If you need a good criminal defense attorney in the San Diego, let me know. I'll get someone at my firm to hook you up. IP: Logged |
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lc576 Amateur Bodybuilder (Total posts: 88) |
posted August 15, 2000 12:35 AM
Not bad calkid, but your mixing up your case law. The wingspan test has nothing to do with this type of search, thats a different issue. This type of search is not a protective sweep per se, that came from another case, however it does apply to a degree. And it is not an inventory search. Although it will turn into one in the end. [This message has been edited by lc576 (edited August 15, 2000).] IP: Logged |
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YellowD98 Pro Bodybuilder (Total posts: 522) |
posted August 15, 2000 01:04 AM
Did all this really happen or is it just hypothetical? IP: Logged |
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T-BONE Pro Bodybuilder (Total posts: 376) |
posted August 15, 2000 02:11 AM
It doesn't matter if the search was legal or not. The cop found dope, and will find a way to make it stick. All he has to do is say he smelled it, or saw a bud on the floor. There's his probable cause (even though he's lying). When it goes to court, the judge is gonna believe the cop, not you. I've seen it happen a thousand times around here. IP: Logged |
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Thick dog Pro Bodybuilder (Total posts: 1693) |
posted August 15, 2000 09:21 AM
Dog would have beat the Police officer....with his own club. I imagine I'd be charged with a DUI and possession, while Moe gets charged with possession. IP: Logged |
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ryry Pro Bodybuilder (Total posts: 805) |
posted August 15, 2000 02:22 PM
who fucking cares! their both going to jail. now they just got to decide which one is going to be whose bitch on those long lonely nights....  ------------------ "The greatest risk is not taking one." [This message has been edited by ryry (edited August 15, 2000).] IP: Logged |
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Checkmatebloated Pro Bodybuilder (Total posts: 888) |
posted August 15, 2000 02:43 PM
Illeagel search and seizure in Texas. IP: Logged |
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lc576 Amateur Bodybuilder (Total posts: 88) |
posted August 15, 2000 06:01 PM
Ok, heres the answer. Remember this is only a guideline analysis, these types of issues can be very complicated. The search is a legal search. It falls under what the courts term the "Belton Rule" This stemed from the 1981 case of New York v Belton. Without going into mind numbing detail this case gave the police the authority to searh a vehilce "incident to an arrest." The only condition placed on the officer is that he/she may only search what was readily accessable to the suspect prior to the stop and it must be contemporaneous to the arrest. The confession from Moe would most likely hold up in court as Miranda is only required when the suspect is "in custody". At the point the officer questioned Moe he was not in custody, therefore, Miranda was not required. IP: Logged |
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moe dank Pro Bodybuilder (Total posts: 1468) |
posted August 15, 2000 08:43 PM
so in other words........run forest.......run! IP: Logged |
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Cleaner Pro Bodybuilder (Total posts: 628) |
posted August 15, 2000 08:52 PM
NO next time party with me and will put TD in the back seat and you can deal with the weed. The whole problem was he failed the field test. I'll have my attorney on the cell before Jonny Rotten Cop has us stopped. That or will have LC drive and will drunk as fuks. Nothing better than parting with the cops - they have special rules for themselves. [This message has been edited by Cleaner (edited August 15, 2000).] IP: Logged |
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lc576 Amateur Bodybuilder (Total posts: 88) |
posted August 15, 2000 10:04 PM
Cleaner, your right about that. Don't want to give away too manny secrets but cops party hard. Of course this is only amongest themselves. I have been to some wild ass shift parties!!!!!! Keep in mind I am talking about legal shit. I was at one shift party, though, and i swear these two cops were absoulty higher than shit. they laughed at the stupidest shit and of course thats a dead give away. Didn't agree wit that!!! Wish it were legal, it seemed as if they were having a better time than anyone else. IP: Logged |
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moe dank Pro Bodybuilder (Total posts: 1468) |
posted August 15, 2000 10:12 PM
IC do moe a favor, take a trip to amsterdam, see the rembrant and van gough museums and stop by the bluebird or the greenhouse coffee shops and smoke you a joint of a mostly sativa mix or even a full sativa. Then at night smoke a full indica. You will have the best time of your life. Just because "the man" says you shouldnt smoke weed, doesnt mean your god didnt put it here for you to use. It use to be illegal to represent people in court as well. some laws are assinine(cant spell) it just time to realize just how stupid they are. IP: Logged |
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Cleaner Pro Bodybuilder (Total posts: 628) |
posted August 15, 2000 11:13 PM
LC - you know what more messed up than that. Is police chiefs kids - man they can get away with everything. Best friend growing up was one and it was a great big get out of jail sign. Once the dumb fuk shot the neighbors house a couple times. Just being stupid - no one was home but it was a clapboard house and when they got home. They found a bunch of holes in the wall. Everyone knew who did it and they all tried to put on the show. Shit Ron no soon hit the police station and he was off for lack of evidence. In high school I would throw kegger's and have him work out front telling people what to do. Everytime a cop pulled up - Ron would yell someone bring him a beer - shit I had guys ready to run beers out. They would come from across the district to get them. Shit they loved it. The night we won our dist football champ the under cover guys partied most of the night with us. About 3 in the morning they would tell us to shut it down. Fuk was that fun - shit to be teen again. IP: Logged |
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