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Odd ruling about a drug bust - Cast your VOTE!

Should he serve the 20 years or get out of jail due to illegal search and seizure??

  • THEY FOUND THE COKE HE NEEDS TO BE IN JAIL!

    Votes: 5 55.6%

  • IT WAS A SETUP AND THEY WENT AROUND THE LAW LET HIM GO!

    Votes: 4 44.4%
  • Total voters
    9
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LGHT

LGHT

Got into a little debate with a few co-workers about an odd court rulling. Before I disclose the outcome I would like to get some votes to see where everyone stands. It will be a private vote so don't worry about being judged.

Here is how the case went.

Cops are staking out a KNOWN drug house and decide to pull over a suspicious man driving away from the house after a quick 5 minute stop. They tail him a few miles and eventually pull him over for not coming to a complete stop at a stop sign. They ask for drivers license and insurance. The man couldn't produce either, but he indicated he had a valid licesnse and gave the officers the license number. Not good enough so they arrest the man and impound his car. For safty purposes all impounded vehicles must go through a mandatory search. The find 2 kilo's of cocain under his seat and prosecute him. He gets 20 years for traffiking. The man hires an Attorney and fights based on illegal search and seizure because they didn't have a warrant to search his car.

So the question is does the Attorney get him off on the illegal search and seizure or does the man serve his 20 year sentence because by law all impounded cars must be searched and as a result they found 2 kilos.
 
i think dude is a idiot for not being all legal with his license and car if he is going to drive with any amount of drugs. i also think 20 years is crazy this country puts so much wasted money on the war on drugs effort. i also though believe when you do the crime you do the time,,so just because we have some stupid rules if they are rules be prepared to follow them,....


i can not vote because i dont believe it was a set up,,,nor do i believe some one needs to be in jail just because of drugs.
 
sicman said:
i think dude is a idiot for not being all legal with his license and car if he is going to drive with any amount of drugs.
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Well that's the kicker he DID have a license he just didn't have it on him. I know a buddy who was pulled over and they simply looked him up in the system gave him a speeding ticket and let him go.
 
LGHT said:
Well that's the kicker he DID have a license he just didn't have it on him. I know a buddy who was pulled over and they simply looked him up in the system gave him a speeding ticket and let him go.
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I have just given the cop my SS# and thet looked it up and let me go. more than once this happened but I live in a town that is pop.2000 so it is a little more personal than being in a city where nobody knows anybody.

Anyway I vote for sicman
 
In the state of Texas, you can be detained, arrested, and taken to a magistrate for ANY traffic violation except speeding and open container. Any vehicle that is impounded must be inventoried before it can be released to the tow operator.

In Texas that is a textbook minor traffic violation stop in refernce to an ongoing drug investigation sting.

Good arrest, no civil violations
 
sicman said:
this isnt just texas but any state ive ever lived in,,,,,


i figured id see u chime in armac,hehe.
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I can only spek legally for Texas law, good bust.

So you think nobody should be in jail for drugs? 2 kilos? You think he should get a ticket, what is a jailable offense in your book?
 
i agree with sicman. Only offenses that harm other people should warrant any kind of jail time. He can shoot napalm in the vein under his cock for all I care, just don't hurt anyone else. Personal freedom all the way. And it was totally a setup. Like the DUI checks except the citizen had no idea what the rules of engagement were in this instance.

I also believe any member of law enforcement or any government official should do twice the amount of time for any convictions solely on the ground that they have not only broken the law but violated the public trust.
 
no actually 2 kilos im sure is trafficking ! also im sure thisnt was the first time dude had that much drugs in that car before.. my statment was basically drugs should not be auto jail,,,i also think 20 years without murder and other charges is just crazy.. any time you start giving out those kind of stretches,maybe we should just have done death,which r death penalty is stupid and useless since we dont do it rght. but to answer your question,,,armac,,,,,,i do think that this dude should do some time,i think it was a clean stop.... but 20 years is stupid even if he has ,"and im sure he has been" busted before! are prison system is messed up,and im not just talking about drug charges but most other charges.. i believe in the death penalty and i believe in our country and are systems!! i also think there are lots of problems with everything,.......................lol :rofl: i was going to type a novel im glad i came to my senses,sorry fo so much reading yall,lol.
 
Let me start with the premise that a warrant is usually not required to search a car, but the search has to fit with a recognized exception to the warrant requirement, and there are not enough facts provided to say whether this was a valid inventory search.

Under the automobile search doctrine, police can search without a warrant if they have probable cause to believe the vehicle contains contraband. Leaving a known drug house after a 5 minute visit probably doesn't satisy the probable cause requirement.

No proof of insurance is probably an arrestable offense anywhere, but that won't necessarily get you a search of the car incident to arrest.

If the car was going to be towed due to the defendant's arrest, and a police policy requires an inventory of the car and that policy was followed, it is probably a good search. However, some states (like my state - Kansas) say that before you tow a car, police have to give you the option to legally park it if that can be done. I don't know if that is a requirement where this guy lives.
 
sicman said:
i think dude is a idiot for not being all legal with his license and car if he is going to drive with any amount of drugs. i also think 20 years is crazy this country puts so much wasted money on the war on drugs effort.
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Couldn't agree more on both points...

Sethsquatch said:
i agree with sicman. Only offenses that harm other people should warrant any kind of jail time. He can shoot napalm in the vein under his cock for all I care, just don't hurt anyone else. Personal freedom all the way...I also believe any member of law enforcement or any government official should do twice the amount of time for any convictions solely on the ground that they have not only broken the law but violated the public trust.
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Na'er have more beautiful words been spoken in the English language...and I agree with the last point...

armac said:
So you think nobody should be in jail for drugs? 2 kilos? You think he should get a ticket, what is a jailable offense in your book?
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Rape, murder, burglary, theft, etc...
 
armac said:
I can only spek legally for Texas law, good bust.

So you think nobody should be in jail for drugs? 2 kilos? You think he should get a ticket, what is a jailable offense in your book?
Click to expand...

Lets put this into perspective....

2 Kilos of cocaine= 20 years in prison...
Molest a child= 2 years in prison...

WTF?????

I don't give a shit if people use, buy, sell drugs. I don't agree with it, but we really need to get our laws in line with the real pain that they cause. The harm that will be done with that coke will be done to willing participants. The harm caused to that child is unwelcome and scars for life.

I know it is hard for cops to look beyond rules written in a book, but lets get real as to what is a crime that warrants jail/prison.
 
Sethsquatch said:
i agree with sicman. Only offenses that harm other people should warrant any kind of jail time. He can shoot napalm in the vein under his cock for all I care, just don't hurt anyone else. Personal freedom all the way. And it was totally a setup. Like the DUI checks except the citizen had no idea what the rules of engagement were in this instance.

I also believe any member of law enforcement or any government official should do twice the amount of time for any convictions solely on the ground that they have not only broken the law but violated the public trust.
Click to expand...

So you think think 2 kilos wad for his personal use?

You must be pretty gullible.

Public trust should be held by all citizens of this country. Law Enforcement should be held to a higher standard but excepting citizens from "public trust" is sad for this country. Hope your 3 year old girl grows up in a peaceful, law abiding country.
 
And... If you are going to argue the point that people who use drugs are likely to commit crimes I think that is BS too. You cannot send someone to prison because of something that they might do.
 
If a cop wants to search your car, he will. Probable cause can be lots of things...even if they didn't happen. For example, if a cop says you appeared intoxicated, it's awfully hard to prove in court that you didn't appear intoxicated...
 
8Planets said:
Couldn't agree more on both points...



Na'er have more beautiful words been spoken in the English language...and I agree with the last point...



Rape, murder, burglary, theft, etc...
Click to expand...


I have arrested folks for all 4 of the above, and many of them claimed if it were not for the drugs, this good young man would never have committed these crimes.............
 
No but drugs are used by willing participants. Someone getting shot in the face probably only has one willing participant. I have a good friend who is a cop. A great cop. Why? Because he walked all sides of the law before he became a cop. He also knows how to think for himself and not just blindly follow the edicts of others. And if you've ever known a cocaine addict, that could easily be for personal use. Those freaks are fiends.

As far as my 3 year old goes, why don't we leave him out of the conversation.
 
I can't answer this poll. There is no valid option. I would say he goes to jail, but does not deserve 20 years. The cops have to much power and him leaving the drug house is probable cause enough to search his car. I don't agree with these rules, but its the way it is.....
 
would he have commited crime?? nature vs nurture ?


yes people that do crazy things usually have alchol drug problems.. but drugs and alchol dont make you kill and torture.



aslo mentall problems are allaways there
 
Nobody puts 4.4 pounds of coke in their own body over any period of time and lives.

In my opinon if you put something in your signature on a public board. You have made it public information. Like it or not YOU were the "willing participant" who volunteered information. If you feel that information to be sensitive, maybe you should remove it.
 
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