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chuckster11
Concerned Citizen
Joined: 25 Apr 2008
Posts: 2
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 Posted: Fri Apr 25, 2008 7:49 am Post subject: I have a real important question!! |
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| I dont know if you can help with this but i think this situation is unfair and something is wrong. My friend got pulled over after a cop saw him talkin to someone asking them for directions and when he drove away the cop pulled him over about a mile away. When the cop asked him where they were going he said to a fishing store(which they really were going to) but his brother said home because he thought thats where they were going because his brother hadnt told him yet he wanted to go to the fishing store so they cop starts asking if they have any weapons or drugs and they say no and give the police they're papers and the cop comes back and makes them get out of the car and starts going thru car without asking and in the process of already searching he sas to them" you wont mind if i look around" but says it while inside the car where its not clear to my friend to even hear what he said. Well the cops found a bag of 50 oxycodone pills and they knew nothing of it but the car is registered to there older brother who was not with them at the time and he has a valid perscription for the pills and turns out he had just filled his perscription earlier that day and seperated his pills and he keeps 50 in his car to take at work and the rest at home and he has a extra bottle to keep the 50 in but he just didnt get a chance to put them in the bottle to keep them in his car before his brothers borrowed his car. So my friend told the cop they must be his brothers and the cop kept tellin him he was lying and he knows he was selling them and the cop tells him hes going to arrest him and his brother who was with him so the cop tells him just say they were his and he will let his brother go home who was with him so he says there his(why he said that i dont know why??) also the cop was trying to say he just bought them from the guy he asked directions from. Also in the glove box there was a empty bottle with his brothers name on in for those pills in turns out and the cop neglected to bring that up and acted like they were just found in a bag. My friend ended up going to jail for a month before getting a bond and now is facing trafficing charges and a mandatory 3 yr sentence. Honestly there was no drug dealing/buying or anything like that going on at the time. Is there anything that he can use to help him in this case? I also found out that he had been taking the same type of pills from his brother at home without him knowing and got a nice little addiction to them so when they drug tested him he came up positve for oxy in his system but he said he really had no idea those were in the car. The reason im asking you this is because from what i was told he said there is nothin he can do about it except go to jail for a few years cause they wont offer him anything else which i think is bullshit so when i saw your video on youtube i wanted to ask if there wa sa way to ask you cause it really is a bad situaiton and it did look like something it wasnt so i dont want to see one of my best friends go to jail becuase his brother left his perscription in his car and the caops searched without asking plus it doesnt help when he tested postive for it and admitted to taking them.Thanks for reading this 4 page novel i just wrote lol and im lookin forward to hearing your opinion of the situation |
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FZRaven
Activist
Joined: 07 Aug 2007
Posts: 285
Location: Vermont
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| Posted: Fri Apr 25, 2008 1:56 pm Post subject: |
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Well if it happened like you said, you can get the evidence thrown out. The cop searched the car without consent, so any evidence obtained during the search would have to be dismissed. Simply seeing a person talking with another person on the side of the road is not probable cause for a search. The stories not matching is also not probable cause, as far as I know.
As for your friend confessing, it won't hold up. A good lawyer would argue that the only reason he confessed was to spare his brother being arrested.
I'm not an expert on the law, but I'm 90% sure of what I have said.
tell your friend to consult with a lawyer, a decent lawyer could get this case thrown out in a heartbeat. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1005
Location: Sittin in a cave, high as hell......
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| Posted: Fri Apr 25, 2008 3:18 pm Post subject: |
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If you are sure there were misdeeds on the part of Law Enforcement, take them to trial. If the case is shaky, the prosecutor must weigh the cost of a jury trial against the chances of conviction. He may offer a plea or dismissal just to avoid a costly trial. You also risk a lot more time if you lose.
Ive seen old cons bluff prosecutors effectively into pleas this way. You have to know all the particulars though to weigh the chances of success. |
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chuckster11
Concerned Citizen
Joined: 25 Apr 2008
Posts: 2
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| Posted: Sun Apr 27, 2008 12:23 am Post subject: |
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| yea from what they told me thats how it happened. He said another reason he confessed is cause the cop said if he did he would just let him go which he should had never believed but he did at the time.I just found out the cop said that he said he admitted to being a dealer and what not and had a signed statement from him which i know he didnt say cause why would someone lie and say they were a dealer for i can understand lying and saying your not but not lying to say you are one. I jst feel real bad for him and he said the attorney said theres not much he can do cause of the evidence they have and what he told them on record and hes facing 3 yrs minimun and no plea deal for probation and hes never been in trouble in his life ever before this and he even said if they would just offer him probation he would just do it just to get rid of this situation right now |
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stopthemadness
Antiprohibitionist
Joined: 20 Mar 2008
Posts: 22
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| Posted: Sun Apr 27, 2008 1:00 am Post subject: |
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| This is completely messed up. It is in the Constitution: free from illegal search and seizure. Therefore anything found in the search is inadmissible in court. The cop could find a dead body and since he had no warrant and no permission, that evidence isn't allowed. It does seem kinda off though that your friend didn't verbally say that he didn't give permission to the cop while on the scene, if I'm not mistaken, the surveillance camera has a microphone and would have heard him say that, which would also help in court. |
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socrateez
Cannabis Castaway
Joined: 01 Feb 2008
Posts: 1005
Location: Sittin in a cave, high as hell......
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| Posted: Sun Apr 27, 2008 9:51 pm Post subject: |
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| Rack up a jury then request a change of venue and a new pubic pretender. Public pretenders tend not to jostle the system with too much motion filing. Jams up the gears of justice and all. |
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shortyflow
M.I.A.M.I
Joined: 24 Apr 2008
Posts: 556
Location: Porter Pot in Brazil
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| Posted: Wed Apr 30, 2008 7:26 pm Post subject: |
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| There is entirely to much evidence. beyond a reasonable doubt. go to trial. short and to the point. Shyeah |
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