Stay Safe, Bros. Important Info

[Dexter]

Three Days' Advanced Notice!

Before this "EF Classic" sticky goes away, I would appreciate it if there would be another sticky, entitled "Three Days' Advanced Notice!" before this goes away.

I have copied many posts, but the sheer number of quality posts is overwelming, and I want to copy them ALL, from beginning to end.

Just three days' advance notice. I have never seen a more relevant, informative thread on EF than this one. Information that is truly precious; that which cannot simply be gotten anywhere.

Dexter

 

[nycdefender]

One more thing, how big of a factor is a statement in the DA's decision to press charges? If you invoke your right to counsel and do not give a statement to police, would the DA be less likely to prosecute because they have nothing to work with (other than evidence, of course) and your defense is still open to any explanation possible?

Not being a D.A., I cannot say for certain. I know that the lack of statements does not make an ADA more likely to prosecute you. Personally, I don't think that they would drop a case b/c the case lacked any statements. They figure that they can let a grand or petit jury decide whether there's enough evidence. Usually, I only have possession cases dismissed outright b/c the search is so bad.

 

[nycdefender]

I'm gonna chime in here and try to clear up a common misconception about Canada and AS.

It is commonly thought that AS is legal to posses in CAnada...this is complete and utter bullshit. Possesion of AS with or without the intent to distribute carries the same penalties as someone who buys or sells restricted drugs (IE morphine, demerol etc)



So, please don't let our Canadian bro's fool themselves into false security. It is just as much an offence in the north as it is in the south.

Out of curiousity & because another member took your position in a thread, I looked up the Canadian statute. The statute seems only to punish people who "seek" or "obtain" AS, not people who "possess" AS. So the conduct that is punished is more than mere dominion or control (i.e. possession) of the AS. The only punishment for possessing AS is when the person intends to traffic them.

Perhaps possession of AS might be punished under some other statute that covers other schedules of drugs (as you mentioned morphine, demerol), but I don't have access to that statute. Would you please do me the favor, guards, of sending me the statute which you think makes AS possession illicit.

Granted, I am not a Canadian lawyer. I am willing to be corrected.

 

[Baby Gorilla]

Reasoning flaw....

....Have the package addressed to you and sign for it. They cannot prove that you knew the contents of the package. They CAN prove you knew the contents of your house or apartment and that is why they have a search warrant and are waiting for you to establish probable cause by signing for the package....

I'd be careful with what they teach you in a CJ program. Lots of BAD INFO gets passed on there.

In this case, you assert that a package delivered to me is totally normal and proves nothing as they can't prove I know what's in it, nor can I be expected to refuse a package that's addressed to me even if I wasn't expecting one.

Probable cause requires facts or events that make the belief that something illegal is going on reasonable to the common prudent person standard. You just destroyed probable case.

Ship me a box of steroids with the cops knowing. I didn't know it was coming, and I didn't know I should refuse the package, but by accepting it as normal grants probable cause for a search warrant or warrantless search on the spot? That's BS and they should know better than teach it. It's akin to a pretextual search.

"Your honor, we want a warrant because the guy accepted a package of steroids under controlled delivery so we believe there are currently illegal drugs in that home."

That's bogus. The only thing the cops know might be there are the illegal drugs they delivered/planted.

State laws vary, but generally, that's why you get those Customs letters when they find your stuff. A controlled delivery is often reserved for suspected pushers, not users. Under your scenereo, the cops do this to see if a suspected dealer will accept a package of drugs. That, coupled with other evidence gathered over time, paints a picture that supports probable cause for a warrant, not a single delivery to a mere user.

Of course, this goes back to the idea of keeping your mouth shut. The cops can't base a search on the fact that you look like a classic 'roid case. They must be able to establish to a judge that you are using, and sometimes moreso--dealing, steroids to get the warrant.

The only exception I see is a delivery of such quantity (I know people who buy a year's supply at one time rather than several small buys), that the cops presume on intercept that it's going to a pusher and not just a user.

 

[Immortal Juicer]

shameless bump..

Gotta bump it up one more time so hopefully someone else can learned what saved my ass. Innocent ass that is

 

[Mad Max]

I feel this should be made a sticky again. I didn't read it until now and just learned alot. This info is priceless and can save your ass. We can't get bullied into hanging our own necks by the feds so educate yourself!!!!!!!! Good post immortal
---PEACE---Mad Max