Here’s the perfect illustration of how not to handle an encounter with police:
Of course, there’s no guarantee that refusing the search will prevent it from happening, but it often will, and if police search you anyway, you’ll at least have a shot at getting the evidence thrown out in court. I’ve discussed this exact issue with dozens of defense attorneys and the answer is always the same: if the suspect refused consent, the charges are frequently dropped.
I recently met a defense attorney from Kansas who called Flex Your Rights to order a copy of our video. Doing criminal defense in Kansas, this guy deals with traffic stop arrests all day every day. The drug war in Kansas is initiated on the highways and then fought out in court, and this lawyer is the guy you want to know if you get jammed up in a traffic stop. He said he gets very few clients who refused consent, and as a result a lot of his work involves negotiating plea bargains for drug cases. On the rare occasion that he gets someone who actually had the presence of mind to refuse the search, they walk. He’s a badass and he knows how to annihilate improperly seized evidence.
Every case is different and police misconduct is a virus, but the bottom line is that giving consent will always destroy you if there’s anything in the car. It’s just that simple. Don’t play their game.
WHEELING -- The Ohio County Sheriff's Department initiated a traffic stop early this morning at the Mount de Chantal Kroger.
After getting permission to search the vehicle, deputies found nearly a half a pound of marijuana, a digital scale, baggies and blunt wraps, along with some cash.
25-year-old Andre Smith of Wheeling, 20-year-old Jeff McGhee of Wheeling and 18-year-old George Oliver were arrested and taken to the Northern Regional Jail.
One of the suspects later admitted to deputies that the marijuana was purchased out-of-state, and he planned to sell it. [WTRF]
Of course, there’s no guarantee that refusing the search will prevent it from happening, but it often will, and if police search you anyway, you’ll at least have a shot at getting the evidence thrown out in court. I’ve discussed this exact issue with dozens of defense attorneys and the answer is always the same: if the suspect refused consent, the charges are frequently dropped.
I recently met a defense attorney from Kansas who called Flex Your Rights to order a copy of our video. Doing criminal defense in Kansas, this guy deals with traffic stop arrests all day every day. The drug war in Kansas is initiated on the highways and then fought out in court, and this lawyer is the guy you want to know if you get jammed up in a traffic stop. He said he gets very few clients who refused consent, and as a result a lot of his work involves negotiating plea bargains for drug cases. On the rare occasion that he gets someone who actually had the presence of mind to refuse the search, they walk. He’s a badass and he knows how to annihilate improperly seized evidence.
Every case is different and police misconduct is a virus, but the bottom line is that giving consent will always destroy you if there’s anything in the car. It’s just that simple. Don’t play their game.
Looking for the easiest way to join the anti-drug war movement? You've found it!
Get this off the front page
I applaud the Flex Your Rights folks for informing citizens of their rights and appreciate that this is important as prohibitions continue to erode them, but the individuals in this particular story are not who I'm fighting for.
People trafficking drugs between cities are not victims of drug prohibition.Yes, prohibition makes this practice enticingly profitable, but after regulation are in place a few will still do this to skirt local differences in regulations or sell to the underage.
These guys deserve reasonable fines or sentences similar to other non-violent crime. Pay attention to the sentences they receive; that's where we might want to pick up their story.
I disagree
Anti-prohibitionists are fighting for the natural freedom of adults to ingest whatever drugs they so chose. Drugs just don't magically show up on your doorstep -- somebody has to transport them to the users, thus into cities. People caught trafficking drugs between cities are obviously victims of prohibition in that their behavior would not be illegal if drugs were legal.
perhaps it's the approach of the article
I understand that all distribution is illegal and this presents a catch 22 for currently-illegal drug users. While I respect that you disagree with me, it's my personal opinion that headlines that encourage the skirting of laws are not going to be useful in influencing the citizens and legislators we need to help us change the laws.
Again, if their sentences are unjust, let's also draw attention to that.
Criminal Virginia - police video 'just grey static'
Some jurisdictions, notably Virginia perform illegal searches and seizures and get away with it with testi-lying plus by claiming that the police video was "just grey static", which is what they did to me in 2006 when they broke numerous laws ... case FE 2007 181
http://wwwsouthcapitolstreet.blogspot.com/2006_10_01_archive.html
http://wwwfreespeechbeneathushs.blogspot.com/2007/06/my-august-5-2006-am...
Alas my attorney Marvin Miller advised me it was pointless for me to testify at my suppression hearing because I would only anger the judge by contradicting the police. That 'judge', a criminal by the name of Thatcher, was such a rubber stamp that he would not even allow the arresting officer to testify, as this 'judge' just wanted to get the sham hearing over with as quickly as possible.
Douglas Willinger
http://freedomofmedicineanddiet.blogspot.com/
Drug Arrests Are Crimes By the Criminal Police
"People trafficking drugs between cities are not victims of drug prohibition."
Victims if caught and stolen from; heroes if its marijuana; in any event they deserve full compensation and the imprisonment of those that arrested/prosecuted them.
Public safty lies
Law makers using no proof that a law is in the true interest of public safety sweep aside true constitutional rights merely by claiming a law they would like to use to take away our privacy and freedoms is in the interest of public safety The best way to end the drug war would be to force lawmakers to prove a law in truly in the interest of public safety by scientific studies of the full impact, including effects of gangs. By passing a initiative that all public safety laws in order to continue or future laws passed prove that they are in the true benefit of public safety and not multiply the problem as they see it.
TRAFFIC STOPS/SEARCHES
There is a problem that you are overlooking, that is many police officers are conducting searches with or without permission and keeping anything they deem contraband, knowing that the victims will not complain because of fear of arrest. If they find any drugs or paraphanalia they will take any cash you have and whatever they want. Who is going to complain? I have been told of numerous incidents where this has occurred, and yet the local press will not print any such story without the consent of local law enforcement. The police have become so sure of themselves they disregard the constitution with impunity. what I have described here amounts to highway robbery and the police commiting these crimes will never be prosecuted. Worst of all they can legally murder you during one of these robberies and there is no recourse, no way to get them to stop. An arrest for resisting such behavior puts you "in the system" where most people cannot afford an attorney and are appointed public defenders that will not take your case to trial,and will instead try to force you to accept a plea bargain wether your innocent or guilty. By accepting any such plea bargain the officers involved dont have to testify or be cross examined and they are free to continue these types of crimes.
Motion to Surpress Hearing-- Should Matter to ALL
Fighting for my rights--- and hope the Constitution still matters!
Thanks to Flex and education on our Rights- I refused consent to search my vehicle, during a susposed traffic stop. Traveling my NORMAL route of travel on a Febuary friday night, an evening in which a sign announcing a 'Drug Check Point' operation was being conducted (right past my Exit). I take my exit. Surprisingly--officers are hidden at the end of the exit ramp and we were pulled over- Failure to signal supposedly. To make a long story somewhat short and several issues are up for debate- All of which are on Police Videos and microphones- including being detained after traffic citation was issued- Profiling (my companions looks and family name are discussed before K-9 unit was asked to do a run around the car.) And the K-9 search itself. Resulting in, a Narcotic Possession w/intent to deliver charge. Was released from jail 3 days later, because the State Patrol didnt submit any paperwork. 2 months later, the Federal Marshalls arrived at my job, and I was informed that I had been Federally Indicted. 5 more days in jail, until I was finally released on Pre-trial release. Hired an attorney and began my research.. Now- with 3 strong issues, and evidence to support my claims and I retained a Dog Expert Witness, Whose report findings are shocking, not only of this dog.. but the entire NSP K-9 certification program. I wait nervously for the ruling on the motion to suppress. At almost $20,000 in Attorney Fees- and were still in beginning trial stages- I wonder if my constitutional rights will be upheld. Jury duty to most is a pain- I disagree completely! I sure hope, that a jury of my Peers- has some knowledge or understanding the importance of the issues at hand. I hope that the jury selected, pays close attention to certain issues- such as- Shouldnt Police Officers have to obtain any evidence legally? Shouldn't the officers be expected to follow the laws, instead of being able to use their '6th' sence? Im so disgusted with the things Ive learned over the course of the last year. And should I lose, I guarentee appeals, media, and public awareness to the issues that are slowly being forgotten!
Criminal Culture
Personally I agree that the drug traffickers are not the 'victims' we should be worried about. It is the average, law abiding (most of the time) citizens who aren't doing anything wrong other then smoking a little herb, that we should be worried about as victims of unjust prohibition.
The type of person who smokes a little pot now and again is alot different then the criminals that will disregard any and all laws and apparently all common sense to make a buck. Do you think the average drug trafficker has any respect for our laws? Pays any taxes? Contributes to our society in a positive way?
The insidious nature of prohibition is that it takes a harmless plant and turns it into the cash crop for murderous drug gangs and cartels. What would the cartels do if drugs were decriminalized? The prices would plummet and they would lose all there customers.
Criminal culture
How do you think you got that gram of pot? Some guy grabbed his nuts and drove for 3 days straight on cop infested highways. Weed comes from the mountains.
Marijuana
Marijuana was found in my husband's vehicle because he consented to a vehicle search. The drugs DID NOT belong to him. Now I stress that because we know that this was set up by someone who had just went to jail the night before. Somehow they were put in his truck and the police "found" it. My question is if there is anyway that we can fight this or is it just a total lost?
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