Man Held in Jail for 2 Months for Possession of Vitamins

Discussion in 'Off-topic' started by Malum Prohibitum, Mar 24, 2017.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The Supreme Court has said his civil rights claim may proceed.

    http://www.abajournal.com/news/arti...ro&utm_medium=email&utm_campaign=weekly_email

    So much for his credibility.
     
  2. codegeek

    codegeek codegeek reincarnate

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    so much lying on the part of the government with that one. but what's even worse is that this case had to go all the way to the supreme court to decide the fourth amendment applied.
     

  3. mrhutch

    mrhutch Well-Known Member

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    This is why we cannot hold the word of a cop over the word of a citizen. No proof, no detainment.
     
  4. Wegahe

    Wegahe NRA Instructor

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    Maybe more training and experience is needed? This should come in the form of jail time, 10 years of his future earnings going to the subject and the department/office paying out big time for letting this idiot serve on the force in the first place. This form of training would also train other officers at the same time.
     
  5. AtlPhilip

    AtlPhilip Proud GCO member.

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    There are plenty of readily available test for MDMA, probably even at the local Walgreens. Why would you ever imprison someone over their opinion based on the visual observation of a tablet?

    A lot of people should go to jail here, not just the cop who arrested him.
     
  6. Mrs_Esterhouse

    Mrs_Esterhouse Swollen Member

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    Ahem.... Item 1.
     
  7. EJR914

    EJR914 Cheezburger Operator

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    This was obviously completely worth it because it could have maybe possibly been some dangerous chemical
     
  8. BSCLibertarian

    BSCLibertarian I'm kind of a big deal

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    Another victory in the War on Drugs:copyright:!
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    It's good that the Supreme Court is allowing this suit to go forward with this 42 US Code, section 1983 lawsuit (federal law against cops depriving people of their rights).

    It's even better that the Court finds that the 4th Amendment must be considered even AFTER the suspect gets the "process" of a magistrate approving his or her arrest.
    I don't like the idea of saying the 4th Amendment is irrelevant at that point, and any police abuse coming from continued detention of a factually-innocent person must come in some other area of law like the tort of 'false imprisonment' or the "due process" clause. I think any or all of these are viable vehicles by which an offended citizen can get justice.

    THE BEST PART is how this Court said that a flawed procedure, based on lying cops fabricating "evidence" and offering that bullsh*t to a judge, is not going to count. The focus must be on justice, not checking-off items on a list of procedures to be followed.
    I expect this opinion shows that the Court will not tolerate a kangaroo court saying something like "the defendant had a trial, and that's all the law requires. Not a fair trial."
    There are some Justices and legal scholars who say that actual guilt or innocence isn't the most important thing in criminal constitutional law-- but rather, it's all about the process. If the process is followed, that means there had to have been enough "justice" to satisfy the law, no matter how badly the system failed in any particular case.
     
  10. AtlPhilip

    AtlPhilip Proud GCO member.

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    Those people have absolutely no business being involved in the justice system.

    We build a process in an attempt to ensure that justice is blind. But that process is not the end, it is the means. The process must constantly be evaluated and tuned to ensure that it is still accomplishing the purpose for which it was created, justice for all.
     
  11. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Notice that two sets of cops lied.
    Or maybe the second liar wasn't a cop-- he or she was an "evidence technician." That technician wrote that the second field test for contraband drugs showed positive for ecstasy, when it certainly did not. Both the field test along the side of the road AND the next field test back at the police station came up NEGATIVE, and these results were instant.

    Still, the bad officers went through with the arrest and booking, but lied to a magistrate judge to get that judge to approve of the arrest after-the-fact and sign an arrest warrant.

    Then, the prosecutors took this fabricated testimony and false evidence to a Grand Jury and got the case indicted !

    Scary, isn't it?


    ___________________________________

    In a related note, several years ago a BATF agent (or civilian employee of ATF?) was found to have LIED in dozens of cases where people were being prosecuted for unlawful possession of NFA-restricted items like sawed-off shotguns, silencers, short rifles, and machine guns. This ATF person testified that she (I think it was a female) searched the National Firearms Registration and Transfer Record and found that the device in question was NOT registered to the person found in possession of it.
    The truth, which she later admitted, was that she DID NOT even bother to check. She just assumed that any such exotic weapons used in crime or found in the possession of criminals were not registered, and thus she never bothered looking through the records.

    I remember reading about this scandal a few years ago, but now I can't find any reference to it online through a Google search.
    Maybe my Google-Fu is weak.

    Maybe the feds have pressured Google to suppress search results for stories that put them in a bad light. I'm not sure. Anything is possible.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I will say that maybe neither one lied.

    Maybe the first guy is just ignorant.

    MDME (ecstasy) comes in powder form. Dealers "cap" it. This means that they put it in a digestible capsule. Many vitamins come the same way. To this cop's mind, the vitamins may very well have appeared to be MDME powder capped.

    As for the second officer, we do not know that he lied. The test he was using just might not be all that reliable. It very well might have turned the appropriate color for one of the capsules even in the absence of MDME in the powder.
     
  13. mrhutch

    mrhutch Well-Known Member

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    Solution: stop arresting folks for crap they want to put in their own bodies.
     
  14. AtlPhilip

    AtlPhilip Proud GCO member.

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    Ecstasy (MDMA) comes in many forms including tablets. And there are literally thousands of legal off-white powder substances that come in capsules.

    His statement was the equivalent of looking at a spark plug and declaring that it came from a blue 1973 Ford Pinto with air conditioning. It was either complete BS or a display of willful and profound ignorance. Neither of those are acceptable standards when depriving a citizen of their Liberty.

    As for the test. If it cannot reliably determine the presence of an illegal substance without false positives, then it is unacceptable as a tool used to deprive a citizen of their Liberty. Take their information, send the substance off to the lab, make an arrest when you have actual evidence of a crime.
     
    Last edited: Mar 29, 2017
  15. UtiPossidetis

    UtiPossidetis American

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    Why would the Feds need to do so? Google has a clear anti-firearms/Anti-2A agenda so would likely suppress this info (if it was suppressed) all on their own.

    ........

    Hey, my GMail account stopped working?? :sly:
     
  16. EJR914

    EJR914 Cheezburger Operator

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    This...