Your basic rights

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viper said:
lol , youd be surprised what you could pick watching tv


Lol, i would'nt trust myself to be my own doctor, if i were'nt a lawyer i would'nt try to defend my freedom.
Kinda like YOU fighting the Heavyweight Champion of the World for your freedom. Most won't get far.......................:D
 
I'll now cover your rights WHILE in custody.
This is where LEO will leave you sit til your ready to talk.
It may feel like your in Vietnam Nam, alone, scared, not knowing what's next, but don't worry, now you'll know.


The rules for use of powers such as custody are outlined in the Police and Criminal Evidence Act ( PACE ).

When your taken in these things are allowed WITHOUT YOUR consent;
fingerprints, oral swabs, saliva, photos and footwear impressions

These may be REQUESTED but NOT FORCED ON YOU;

blood, urine, semen, pubic hair and dental impressions

If your remanded into custody you have the rights to;

FREE legal representation, a phone call, food AND exercise, a warm clean cell with bedding, at LEAST 8 hours rest in EVERY 24 hours

How long can i be held in a JAIL ?

24 hours, however it can be extended to 36 hours. WITHOUT being charged!
There is ONE EXCEPTION, it's the Patroit Act, it states you can be held up to 7 days without being charged!
 
DWI.......this is tough because each state is specific in itself.

Here are some GENERALS, look up YOUR state's laws.

The legal limit differs depending what type of vehicle your driving.
The BASIC limit in ALL states is 0.08% , BUT if your younger than 21 it's lower !!!!!
If you drive a commercial truck it's 0.04%

If you do get pulled over DO take ALL the tests given because;

1) the refusal in itself ( in many states ) is a SEPERATE CRIME !
You agreed to " complied consent " in most states ( check yours ) which means you implicitly agreed to take a chemical test if suspected of DWI when you recieved your license.

2) Your driving PRIVILEGE can be suspended for a year

3) you can be viewed as ADMITTING YOUR OWN guilt !

You can file a petition for a review of your license suspension with the circuit court.

Again, check YOUR state.......................and don't drink and drive folks, smoke instead................
 
Search and Seizure

The Supreme Court rencently updated rules on search and seizure by a narrow vote.
NOw, evidence gained by police through " isolated negligence " MAY BE USED in a court of law !
This is a significant narrowing of the " exclusionary rule " the underpinning of the constitutions 4th amendment that gaurds against " illegal search and seizure " and the allowence of illegally gained evidence against defendants.

Example;

You get pulled over and LEO and find an outstanding traffic warrant ( or something ) , you state " thats been taken care of ", which is true.

Leo searches your car, finds weed and charges you.
You get to the jail and the jail finds out you DID take care of the warrant, but now the "search and seizure" was not legal according to the 4th amendment, but now the Supreme court states that this evidence CAN be used EVEN though it was an "illegal" search and seizure.

Rules are changing everyday!
Check YOUR criminal record NOW.
here's how;
Look up YOUR cities/states offical court website and enter YOUR info.
You can check criminal, traffic, cival....................
 
Can LEO seize what they find in a frisk?

Depends.
Suppose they told you they are frisking for a weapon and pat you down and feel a hard object in your pocket they are permitted to reach in and take it.
Suppose however LEO feel something soft in your pocket that could not possibly be a weapon LEO has NO right to seize such an item.
Strange huh,
The supreme court has held that LEO conducting a pat down search for WEAPONS is not entitled to seize an item that based on LEO's sence of touch bore no resemblance to a weapon.

That's why you NEED an attorney that is KNOWLEDGABLE.
There are suppression hearings for such things.
 
excellent thread kingford
"NORML FOUNDATION FREEDOM CARD"
heres the link if any interested in printin a copy for them selves as well./
hxxp://www.norml.org/index.cfm?Group_ID=3407
just clik on "download the pdf document" an go from tehre.
i hope someone finds it useful as i already have.
the card reads as follows:

THE FOUNDATION FREEDOM CARD
The U.S. Constitution prohibits the government from interfering with
your right to remain silent, to consult with an attorney, and to be free
from unreasonable searches and seizures by law enforcement.
However, it is up to you to assert these rights. This NORML Foundation
Freedom Card will help you do so effectively.
If you are confronted by a police officer, remain calm. Be courteous
and provide your identification. Politely refuse to answer any further
questions. Ask to talk to an attorney. Do not consent to any search of
your person, your property, your residence or your vehicle. Tell the
officer you would like to give him or her this card, which is a statement
of the constitutional rights you wish to invoke. Do not reach for this
card until you have obtained the officer’s permission to do so.

If the officer fails to honor your rights, remain calm and
polite, ask for the officer’s identifying information and ask
him or her to note your objection in the report. Do not
attempt to physically resist an unlawful arrest, search or
seizure. If necessary, you may point out the violations to a
judge at a later time.
THE N FOUNDATION
1600 K Street, N.W.. Suite 501
Washington, D.C. 20006
202-483-5500 www.norml.org

I hereby invoke and refuse to waive all of the following rights and
privileges afforded to me by the U.S. Constitution:
• I invoke and refuse to waive my Fifth Amendment right to
remain silent. Do not ask me any questions.
• I invoke and refuse to waive my Sixth Amendment right to an
attorney of my choice. Do not ask me any questions without my
attorney present.
• I invoke and refuse to waive all privileges and rights pursuant
to the case Miranda v. Arizona. Do not ask me any questions or make
any comment to me about this decision.
• I invoke and refuse to waive my Fourth Amendment right to be
free from unreasonable searches and seizures. I do not consent to
any search or seizure of myself, my home, or of any property in my
possession. Do not ask me about my ownership interest in any
property. I do not consent to this contact with you. If I am not
presently under arrest or under investigatory detention, please allow
me to leave.
• Any statement I make, or alleged consent I give, in response
to your questions is hereby made under protest and under duress and
in submission to your claim of lawful authority to force me to provide
you with information.
 
I think it would also be worth mentioning that any person placed on probation or parole waives their right to the fourth amendment. It would be nice if you could list more applicable laws to those placed on parole/probation if you get a chance.
 
Interesting. I'm currently not on any form of paper but I wouldn't mind knowing more about it just in case down the road, well you know....
 
You know what else I'm curious about. If someone owns guns and there house is searched and both pot and the guns are found is that person in more trouble? This is assuming all their guns are legal and registered.
 
Well first about the wording, the smallest words make such a big difference on things like search warrants, especially in what areas can and can not be searched so I see no reason why specific wording can not be used to defend oneself in a court of law.

Second, that's pretty scary about the gun drug laws. I would really like to know more about that. I hope to hear more. Obviously the laws are different depending on total weight of what you are caught with and also whether you were cultivating or not, I wonder if you are caught with any amount plus a gun, even in your residence, if that is a pretty serious charge.
 
cadlakmike1 said:
You know what else I'm curious about. If someone owns guns and there house is searched and both pot and the guns are found is that person in more trouble? This is assuming all their guns are legal and registered.
In my case the cops took my guns and several banana clips I had. I wasn't a previous affender though. But they were all up in my junk about the clips because they didn't find the Mac10 they came from. Lucky for me I sold that pos before the raid. All the guns were legal and I got no extra charges due to them.
 
Good post mrkingford.

This is the best advice here:

I hereby invoke and refuse to waive all of the following rights and
privileges afforded to me by the U.S. Constitution:
• I invoke and refuse to waive my Fifth Amendment right to
remain silent. Do not ask me any questions.
• I invoke and refuse to waive my Sixth Amendment right to an
attorney of my choice. Do not ask me any questions without my
attorney present.
• I invoke and refuse to waive all privileges and rights pursuant
to the case Miranda v. Arizona. Do not ask me any questions or make
any comment to me about this decision.
• I invoke and refuse to waive my Fourth Amendment right to be
free from unreasonable searches and seizures. I do not consent to
any search or seizure of myself, my home, or of any property in my
possession. Do not ask me about my ownership interest in any
property. I do not consent to this contact with you. If I am not
presently under arrest or under investigatory detention, please allow
me to leave.
• Any statement I make, or alleged consent I give, in response
to your questions is hereby made under protest and under duress and
in submission to your claim of lawful authority to force me to provide
you with information.

That was written by an attorney and will protect your rights.

My son got stopped in his car and the PO performed an illegal search on his person and found a pipe. He then asked my son if he could search the car and my son assumed he was under arrest so he consented. My attorney got the pipe thrown out but couldn't get the bag the PO found in the car thrown out. So, the best advice is keep your mouth shut!
 
A Huntley hearing which can suppress statements made to you by LEO
How would a defendant in PA request a Huntley Hearing?

The rules for use of powers such as custody are outlined in the Police and Criminal Evidence Act ( PACE ).
Who authored the PACE Act and when was it enacted?
 
BBFan said:
How would a defendant in PA request a Huntley Hearing?


As STATED NUMEROUS TIMES, CHECK YOUR STATE LAW.
Where did I SAY PA???????????????? in ANY of the formentioned??????

I infatically stated GENERAL !!!!!!!!!!!!!!!!
 
Zip, about that card, it's fine and all but a bit winded, lol.
Once you invoke your right in any manner by asking for an attorney, it's valid.
 
If you ask for an attorney they may NOT continue to question you, PERIOD, no need to read off a book or state everyone of your rights.
But i'm sure the card would give them a good chuckle,lol.
 
BBFan said:
OK.
You still have not answered my questions about the Pace Act or where is the case law that substaniates your claim of a 36 hour pre-charge detention?quote]

Most agencies will release within 12-36 hours so as NOT to infringe on the MAXIUM 48 hours WHICH MOST STATES DON'T USE, because who's to say the exact moment of custody? If they go over, you can sue.
 
As an fairly intense personality myself i can totally understand how these things take a hard turn quickly (especially when talk of legalities are the topic). But i would like to point out the original, honorable intention of this thread. This is a resource most people don't even think to pursue until they are already in trouble. Knowing your rights and how to properly exercise them is knowledge i think should be digested by every pot smoker/grower AND something that will help us avoid getting in trouble in the first place. Cops play tricks. The more we know the less likely their tricks will work.
Obviously we are all on the same side so i hope we can take a deep cleansing breathe and get back on course.

I mean no disrepect to anyone involved. :)
 
I'm going to open this thread back up., as I feel it is beneficial.
A few pms have been exchanged, an apology has been offered. I hope BB and mrk' will agree to abide by our rules of conduct.. "no personal" attacks, no "flaming".
 

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