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Main Forums => The Roundtable => Topic started by: MechAg94 on August 21, 2009, 04:10:47 PM

Title: Mints Believed To Be Crack Land Man In Jail
Post by: MechAg94 on August 21, 2009, 04:10:47 PM
http://www.wftv.com/irresistible/20435114/detail.html

Quote
Mints Believed To Be Crack Land Man In Jail

Posted: 5:27 pm EDT August 17, 2009Updated: 11:30 am EDT August 19, 2009
KISSIMMEE, Fla. -- A man is suing the Kissimmee Police Department for an arrest over mints. When officers pulled Donald May over for an expired tag, they thought the mints he was chewing were crack and arrested him.

May told Eyewitness News they wouldn't let him out of jail for three months until tests proved the so-called drugs were candy.

May said he was just minding his business, driving home from work, when a Kissimmee police officer pulled him over near 192.

"I don't know how it occurred," he said.

May was pulled over for an expired tag on his car. When the officer walked up to him, he noticed something white in May's mouth. May said it was breath mints, but the officer thought it was crack cocaine.

"He took them out of my mouth and put them in a baggy and locked me up [for] possession of cocaine and tampering with evidence," May explained.

The officer claimed he field-tested the evidence and it tested positive for drugs. The officer said he saw May buying drugs while he was stopped at an intersection. He also stated in his report May waived his Miranda rights and voluntarily admitted to buying drugs.

May said that never happened.

"My client never admitted he purchased crack cocaine. Why would he say that?" attorney Adam Sudbury said.

May was thrown in jail and was unable to bond out for three months. He didn't get out until he received a letter from the Florida Department of Law Enforcement and the State Attorney's Office that test results showed no drugs were found.

"While I was sitting in jail I lost my apartment. I lost everything," he said.

While May was behind bars, the Kissimmee Police Department towed his car and auctioned it off. He lost his job and was evicted. Now May is suing the city for false arrest and false imprisonment. He wants to be compensated for the loss of his car and job.

May's attorney and the city of Kissimmee discussed a possible settlement last year, but failed to reach an agreement.

Copyright 2009 by wftv.com. All rights reserved.

I hope this one doesn't go off the deep end too quick.  I am sure this is one side of it.  I doubt the police department commented too much.  I saw it on Preacherman's blog.  I guess I have a few thoughts regarding this.

1.  Articles like this really impress upon me how mistakes or misunderstandings with police can thoroughly and completely wreck your life.  I don't know if there were other circumstances with this individual at the time he was pulled over, but it is pretty serious business and makes me thankful that I have never been arrested for anything. 

2.  Would it do any good or be good to require by law that all police officers wear microphones that are recorded during any time where they interact with anyone while on duty?  IMO, if the officer had that option during this stop and chose not to use it, it puts into question anything he claims regarding the traffic stop.  At least as a juror, I would have that attitude.  If it was recorded, all those admissions and waiving of rights claimed in the article would be on tape.  When I served on a jury for a murder trial, the suspect gave a taped confession.  The officer conducting the interview was very clear and careful when he covered that part of the interview.  I guess it makes all sorts of sense to me and I can't see why it would be a bad thing.

3.  What is the "field test" for crack cocaine and why does it have any weight at all when lab testing takes months?  It seems to me he could have held the guy there a couple hours and it would have been obvious very fast if he was chewing on crack cocaine. 
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Angel Eyes on August 21, 2009, 04:24:38 PM

Police claim they saw him buy drugs.  It's possible that he bought the mints from a dealer, believing them to be crack.

It's also possible the cops arrested a completely innocent man.

The guy apparently committed no crime, lost his apartment, his job, his car, and three months of his life.  Wow . . . just . . . wow.

Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 21, 2009, 04:37:34 PM
Wait, police can actually reach in your mouth and pull out food you happen to be chewing so they could examine it?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 21, 2009, 04:39:18 PM
we gotta get you out more
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 21, 2009, 04:43:28 PM
we gotta get you out more

No, thanks. The more I learn, the more the proverbial basement seems preferable.  =D =D
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 21, 2009, 04:54:24 PM
i just wanna watch the look on your face  :angel: ;/
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Iain on August 21, 2009, 06:18:12 PM
I assume his car was left wherever he was picked up, so they then towed it and auctioned it. I suppose he might have had someone able to pick the car up from the road or the pound, but they knew where he was and still auctioned it. I dunno, I think I'd be pissed about that, in addition to the three months in jail.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Nick1911 on August 21, 2009, 09:13:44 PM
I assume his car was left wherever he was picked up, so they then towed it and auctioned it. I suppose he might have had someone able to pick the car up from the road or the pound, but they knew where he was and still auctioned it. I dunno, I think I'd be pissed about that, in addition to the three months in jail.

I would too.  It's not like they gave him the money from the auction either.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Standing Wolf on August 21, 2009, 09:59:20 PM
Hey. Relax. It's another Glorious Victory in the War on (Some) Drugs!
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Balog on August 21, 2009, 10:02:20 PM
One can only hope this man will become very rich from this travesty.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: zahc on August 22, 2009, 01:17:36 AM
Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department. Our sole hope is that hopefully if we are oppressed by the police, at least we can pay ourselves damages.

Remember, you are not being oppressed.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: freakazoid on August 22, 2009, 02:51:16 AM
Quote
Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department. Our sole hope is that hopefully if we are oppressed by the police, at least we can pay ourselves damages.

Remember, you are not being oppressed.

So he should do nothing and not be compensated for everything that he lost because of there mistake? Just receive an, oops sorry?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: freedom lover on August 22, 2009, 03:03:11 AM
3.  What is the "field test" for crack cocaine and why does it have any weight at all when lab testing takes months?

1) The only field test I know of is the old fashioned way. Rub it on the gums and see if they go numb. I was under the impression they stopped that because of the nasty stuff cocaine can be cut with. I doubt he did that after it was in the man's mouth.

2) Lab testing doesn't take months. You could perform all the tests in a matter of minutes. I did tests on fake stuff in a laboratory exam. The forensic labs are probably extremely backlogged in that area.

Quote
It seems to me he could have held the guy there a couple hours and it would have been obvious very fast if he was chewing on crack cocaine. 

He easily could have. The problem lies in the legal seriousness of the charge. No department would have let the guy go until he was proven innocent. He could have been some kind of freak who was not affected by cocaine. It's possible. I know someone who is not affected by caffeine.

As for my knowledge of police and forensics? My chemistry teacher worked with them in the past. We had a unit where we were taught the basics and got to perform tests on simulated evidence. He wanted to teach an elective class on it but that was not approved.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 08:20:41 AM
there are some quick and dirty field tests for various substances and that length of backlog in the lab is not unheard of. the field tests are not admissible in court as more than probable cause
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 22, 2009, 09:06:39 AM
Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department. Our sole hope is that hopefully if we are oppressed by the police, at least we can pay ourselves damages. 

One can only hope you don't take everything in such an overly literal fashion.   :O
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Mike on August 22, 2009, 10:57:34 AM
Why didn't they do a blood test???? That would have shown if he had drugs in his system! :O
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: RaspberrySurprise on August 22, 2009, 11:29:35 AM
Why didn't they do a blood test???? That would have shown if he had drugs in his system! :O

Because that is a far far too simple solution to this problem.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: RevDisk on August 22, 2009, 11:41:42 AM
So he should do nothing and not be compensated for everything that he lost because of there mistake? Just receive an, oops sorry?

No, he should be compensated.  The point that zahc was making is that the officer in question and even the department aren't taking any personal hit.  It's all going back to the taxpayers. 

The officer in question (aside from the probable perjury) and the department was probably following procedures when they cheerfully destroyed a guy's life over a set of breathmints.  The problem isn't with the local police, it's the law.  The WOD needs to be changed and mostly scrapped.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Balog on August 22, 2009, 12:55:44 PM
Yeah, ideally the officers who did it would be personally accountable, and the Wo(s)D would go away. Ideally they'd repeal every gun law from the NFA forward and go with Alaska carry everywhere. I'll take what I can get though.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Dannyboy on August 22, 2009, 02:00:30 PM
there are some quick and dirty field tests for various substances and that length of backlog in the lab is not unheard of. the field tests are not admissible in court as more than probable cause
Key word there.  Those field testing kits are horrible.  Lots of things have come up with false positives.

Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 02:08:59 PM
indeed thats why they send stuff off to the lab
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: BlueStarLizzard on August 22, 2009, 02:28:21 PM
errrrr... can i ask a question? somebody has to know... what does crack smell like? i mean, it doesn't smell like peperments or altoids or something, does it? and i'm sure you can detect oder without getting an involentary dose of crack...  =|

so a quick and dirty feild test went positive, but is known to get get regular false positives, so how long does it take to do a quick three instead of one?  :|
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 02:49:55 PM
Right. Our only hope is that he manages to soak the TAXPAYERS when he sues the police department.

I'm failing to feel too much compassion for the innocent widdle taxpayers on this. THey've voted for the War on Drugs; now they're paying for it.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: White Horseradish on August 22, 2009, 03:12:50 PM
The WOD needs to be changed and mostly scrapped.
Whatever would we do with all the people no longer employed in it?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Sindawe on August 22, 2009, 04:23:04 PM
Quote
...THey've voted for the War on Drugs; now they're paying for it.

And what of us who own Wookie suits and live our own basements?  We've consistently voted against the War on (Some) Drugs, do we still pay for the folly of our neighbors?

Let those who acted directly pay the cost for this idiocy.  Maybe their fellows would learn from the example.

Quote
Whatever would we do with all the people no longer employed in it?

(Penal colonies on) Luna strikes me as a good option.  Adventure on the Far Frontier; Working for the betterment of their fellow man; riches beyond the dreams of avarice.

Aside from a tinge of green, it works for me.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 22, 2009, 05:23:01 PM
And what of us who own Wookie suits and live our own basements?  We've consistently voted against the War on (Some) Drugs, do we still pay for the folly of our neighbors?

Let those who acted directly pay the cost for this idiocy.  Maybe their fellows would learn from the example.

That's an interesting idea, so long as it's applied to every govt. program or policy, across the board.  Seems it would demolish the whole idea of the secret ballot, but still an interesting proposal. 
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 06:08:23 PM
Quote
And what of us who own Wookie suits and live our own basements?  We've consistently voted against the War on (Some) Drugs, do we still pay for the folly of our neighbors?

As someone who paid 60% of his income in tax for two years: me, I'd rather my money go to compensate victims of the state than for more abuse.

Most people though - probably over 90% of the population - cheer on the War on Drugs. Had actual crack been found on this person, they'd be cheering on him losing his livelihood and being imprisoned. They voted for more police authority and more penalties and more prisons. I'd say they're morally culpable and should bear the price. Decisions have consequences, remember?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 06:17:36 PM
Most people though - probably over 90% of the population - cheer on the War on Drugs.



do tell  and where did you garner/pluck that "fact"





Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 06:23:54 PM
...amazingly this is why I used the word "probably". 

There's not even majority support for marijuana legalization [the most optimistic pollsters peg it at 41%]. Complete end to the WoD? Maybe, if you're lucky, you'll get 10% of the population to back that. Maybe. If you know otherwise, feel free to correct me.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: PTK on August 22, 2009, 06:24:53 PM
Quite obviously, the people who would want to end prohibition on marijuana are too lazy to answer the pollsters. Duh.  =D
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 06:26:53 PM
well our new drug czar favors ending the war on drugs so thats a good start
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 06:28:37 PM
well our new drug czar favors ending the war on drugs so thats a good start

Doesn't he just mean some 'decriminalization" stuff?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 06:29:32 PM
not sure i wait to see if hes got any backing
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 06:32:18 PM
http://online.wsj.com/article/SB124225891527617397.html

WASHINGTON -- The Obama administration's new drug czar says he wants to banish the idea that the U.S. is fighting "a war on drugs," a move that would underscore a shift favoring treatment over incarceration in trying to reduce illicit drug use.

In his first interview since being confirmed to head the White House Office of National Drug Control Policy, Gil Kerlikowske said Wednesday the bellicose analogy was a barrier to dealing with the nation's drug issues.

"Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them," he said. "We're not at war with people in this country."



Mr. Kerlikowske's comments are a signal that the Obama administration is set to follow a more moderate -- and likely more controversial -- stance on the nation's drug problems. Prior administrations talked about pushing treatment and reducing demand while continuing to focus primarily on a tough criminal-justice approach.

The Obama administration is likely to deal with drugs as a matter of public health rather than criminal justice alone, with treatment's role growing relative to incarceration, Mr. Kerlikowske said.
More

   

Already, the administration has called for an end to the disparity in how crimes involving crack cocaine and powder cocaine are dealt with. Critics of the law say it unfairly targeted African-American communities, where crack is more prevalent.

The administration also said federal authorities would no longer raid medical-marijuana dispensaries in the 13 states where voters have made medical marijuana legal. Agents had previously done so under federal law, which doesn't provide for any exceptions to its marijuana prohibition.
Journal Community

    During the presidential campaign, President Barack Obama also talked about ending the federal ban on funding for needle-exchange programs, which are used to stem the spread of HIV among intravenous-drug users.

The drug czar doesn't have the power to enforce any of these changes himself, but Mr. Kerlikowske plans to work with Congress and other agencies to alter current policies. He said he hasn't yet focused on U.S. policy toward fighting drug-related crime in other countries.

Mr. Kerlikowske was most recently the police chief in Seattle, a city known for experimenting with drug programs. In 2003, voters there passed an initiative making the enforcement of simple marijuana violations a low priority. The city has long had a needle-exchange program and hosts Hempfest, which draws tens of thousands of hemp and marijuana advocates.

Seattle currently is considering setting up a project that would divert drug defendants to treatment programs.

Mr. Kerlikowske said he opposed the city's 2003 initiative on police priorities. His officers, however, say drug enforcement -- especially for pot crimes -- took a back seat, according to Sgt. Richard O'Neill, president of the Seattle Police Officers Guild. One result was an open-air drug market in the downtown business district, Mr. O'Neill said.

"The average rank-and-file officer is saying, 'He can't control two blocks of Seattle, how is he going to control the nation?' " Mr. O'Neill said.

Sen. Tom Coburn, the lone senator to vote against Mr. Kerlikowske, was concerned about the permissive attitude toward marijuana enforcement, a spokesman for the conservative Oklahoma Republican said.
[drug war]

Others said they are pleased by the way Seattle police balanced the available options. "I think he believes there is a place for using the criminal sanctions to address the drug-abuse problem, but he's more open to giving a hard look to solutions that look at the demand side of the equation," said Alison Holcomb, drug-policy director with the Washington state American Civil Liberties Union.

Mr. Kerlikowske said the issue was one of limited police resources, adding that he doesn't support efforts to legalize drugs. He also said he supports needle-exchange programs, calling them "part of a complete public-health model for dealing with addiction."

Mr. Kerlikowske's career began in St. Petersburg, Fla. He recalled one incident as a Florida undercover officer during the 1970s that spurred his thinking that arrests alone wouldn't fix matters.

"While we were sitting there, the guy we're buying from is smoking pot and his toddler comes over and he blows smoke in the toddler's face," Mr. Kerlikowske said. "You go home at night, and you think of your own kids and your own family and you realize" the depth of the problem.

Since then, he has run four police departments, as well as the Justice Department's Office of Community Policing during the Clinton administration.

Ethan Nadelmann of the Drug Policy Alliance, a group that supports legalization of medical marijuana, said he is "cautiously optimistic" about Mr. Kerlikowske. "The analogy we have is this is like turning around an ocean liner," he said. "What's important is the damn thing is beginning to turn."

James Pasco, executive director of the Fraternal Order of Police, the nation's largest law-enforcement labor organization, said that while he holds Mr. Kerlikowske in high regard, police officers are wary.

"While I don't necessarily disagree with Gil's focus on treatment and demand reduction, I don't want to see it at the expense of law enforcement. People need to understand that when they violate the law there are consequences."

Write to Gary Fields at gary.fields@wsj.com
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 06:34:11 PM
...I was just about to post that as a backing to my point. LOL.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 06:47:00 PM
http://www.pollingreport.com/drugs.htm
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 06:50:02 PM
http://www.pollingreport.com/drugs.htm

I don't see how anything there relates directly to my original statement.

By an "end to the war on drugs" I mean "legalize all drugs". To my knowledge, opposition to such a plan would be overwhelming. None of these polls on that site ever mention that in any way.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: lupinus on August 22, 2009, 06:55:09 PM
I want to know how in the hell the legal system allowed a man to be locked up for three months with zero evidence.

Since when does "the stuff we think are drugs are still at the lab" count as evidence?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 07:17:16 PM
I don't see how anything there relates directly to my original statement.

By an "end to the war on drugs" I mean "legalize all drugs". To my knowledge, opposition to such a plan would be overwhelming. None of these polls on that site ever mention that in any way.


yea  as frightening as this might be to both of us i am amongst that very small group of folks who support "legalize it all let darwin sort it out"
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 07:18:52 PM
I want to know how in the hell the legal system allowed a man to be locked up for three months with zero evidence.

Since when does "the stuff we think are drugs are still at the lab" count as evidence?

for him to be held like that he must have no ties to area or some prior stuff. unless they set high bond for possesion down there. virginia can be troublesome that way
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 07:27:18 PM

yea  as frightening as this might be to both of us i am amongst that very small group of folks who support "legalize it all let darwin sort it out"

Well, my entire point is that that "group" is exceedingly small.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 07:29:38 PM
and for that group to grow its important to be credible. its too easy for  the unenlightened to dismiss us as ranting dope fiends. i try to disabuse em of that
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 07:31:25 PM
*blinks*

Yet again I agree, but that has no relevance to my original point.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 07:35:25 PM
it does if you consider that when you throw stats out those who are opposed are poised to analyze and discredit them. and by association your position/argument
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: lupinus on August 22, 2009, 08:42:23 PM
for him to be held like that he must have no ties to area or some prior stuff. unless they set high bond for possesion down there. virginia can be troublesome that way
To hold and set a bond (especially a high one) I would imagine they would need at least some evidence other then the guy was chomping on something that the officer thought was crack. 

Either the judge was on crack or the article isn't mentioning something.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 08:49:06 PM
in va a prior felony requires a cash bond  no matter how lame the charge or what kinda community ties you have
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 22, 2009, 08:51:07 PM
By an "end to the war on drugs" I mean "legalize all drugs". To my knowledge, opposition to such a plan would be overwhelming. None of these polls on that site ever mention that in any way.

How about if we just legalize the stuff that Microbalrog has no intention of doing?  I, for one, would find it amusing.  :P
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 08:55:29 PM
How about if we just legalize the stuff that Microbalrog has no intention of doing?  I, for one, would find it amusing.  :P

Amazingly I have no intention of doing any drugs except for caffeine. Which is legal.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: lupinus on August 22, 2009, 08:55:50 PM
in va a prior felony requires a cash bond  no matter how lame the charge or what kinda community ties you have
I wasn't aware of that.  
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 08:58:17 PM
was amongst a passle of get tuff on crime laws   kinda like 3 strikes and mandatory sentences
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 22, 2009, 09:04:28 PM
Amazingly I have no intention of doing any drugs except for caffeine. Which is legal.

For now.  We can also clamp down on sodomy, prostitution, porn, and such.  And explosives.  And pain medications.  Let us now which of those you intend to avoid, so we can outlaw everything else.   :angel:
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 09:31:25 PM
For now.  We can also clamp down on sodomy, prostitution, porn, and such.  And explosives.  And pain medications.  Let us now which of those you intend to avoid, so we can outlaw everything else.   :angel:

Aren't you already doing that?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MechAg94 on August 22, 2009, 11:01:29 PM
was amongst a passle of get tuff on crime laws   kinda like 3 strikes and mandatory sentences
I kind of figured the guy probably had no money and couldn't hire a lawyer.  That was why I made the statment originally about this stuff wrecking your entire life.  It is also a very good reason to maintain a small amount of savings.  You might need it to get a lawyer to help you out on stuff like this.

As far as nothing getting back to the department and these cops personally, the fact that these are breath mints leads me to think that cop was lying his butt off about the drugs and about the "I saw him buying drugs earlier" statement.  Of course, it is also possible this guy runs with a bad crowd which is what got him noticed by the officer.  If he had priors, that sort of fits.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 11:29:13 PM
the reason i suspect priors is that his lawyer didn't bring up his clients law abiding history.  they telegraph by what they don't say
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 11:47:27 PM
the reason i suspect priors is that his lawyer didn't bring up his clients law abiding history.  they telegraph by what they don't say

That sound you don't hear is the sound of me caring about this man's priors.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 22, 2009, 11:54:57 PM
thats cool you didn't get a vote. sadly in some states a guy with a record has to post even on the most bogus charge.  lots of anomalies like that.  i know a moron got a felony for stealing 22 bucks worth of gas.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 22, 2009, 11:57:54 PM
I assume there is a story behind that.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 23, 2009, 12:00:27 AM
another legal anomaly. in virginia your third prtty larceny the state has the option of upgradiing it to a felony. they did. the guys a jerk   typical addict/thief  i think that law was made for folks like him
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 12:01:49 AM
You know, my patience for thieves is very very little. Still I can't help but shake my head sadly at this.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 23, 2009, 12:05:49 AM
might not if you met him  i can muster some vague empathy for a guy stealing to feed his kids. this fool is 40 lives with mommy and daddy is a decent plumber so can and does make good money.  his parents couldn't keep gas in a gas can for their lawnmower without it disappearing. hes ripped them off countless times and is doing life on the installment plan. i think he likes jail
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: freedom lover on August 23, 2009, 12:11:26 AM
Why didn't they do a blood test???? That would have shown if he had drugs in his system! :O

They may have. It would still have to be tested at a lab.

errrrr... can i ask a question? somebody has to know... what does crack smell like? i mean, it doesn't smell like peperments or altoids or something, does it? and i'm sure you can detect oder without getting an involentary dose of crack...  =|

I don't know what it smells like. You could detect the odor by wafting it, but that can be unreliable. I wouldn't stick my nose near it. Sometimes the rocks are small and have loose grains broken off. The mints could have been crushed. There's more than one type of breath mint.
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2Fwww.markhoustonrecovery.com%2Fimages%2Fupload%2Fcrack-15.jpg&hash=5a3cbffe3b17d156c6117f8c724e979b044c39cb)

Amazingly I have no intention of doing any drugs except for caffeine. Which is legal.

You don't drink, even during holidays? I ask because it seems like us nondrinkers are in the minority on this board.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 12:32:07 AM
I drink in very, very small amounts, very, very rarely. The last alcohol I consumed was a pair of glasses of champagne and it was 7 months and 23 days ago, on New Year's Eve, specifically because it was New Year's Eve.

This statement is not to be interpreted as a condemnation of drinking. There is nothing at all morally wrong with drinking.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 23, 2009, 12:36:59 AM
the only drug i do is caffeine  butlots of that  no booze at all anymore  i had plentyof booze before i quit
crack doesn't really smell till you smoke it.  then it smells plenty. heck i quit that nonsense before they called it crack but i still remember the smell   like burning plastic  sorta




edited for clarity
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 23, 2009, 01:20:28 AM
Aren't you already doing that?

No.  I can't tell if you were serious or joking. 
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: GigaBuist on August 23, 2009, 01:29:35 AM
i had plenty crack doesn't really smell till you smoke it.  then it smells plenty

Good to know.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Mike on August 23, 2009, 08:23:57 AM
They may have. It would still have to be tested at a lab.

I don't know what it smells like. You could detect the odor by wafting it, but that can be unreliable. I wouldn't stick my nose near it. Sometimes the rocks are small and have loose grains broken off. The mints could have been crushed. There's more than one type of breath mint.
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2Fwww.markhoustonrecovery.com%2Fimages%2Fupload%2Fcrack-15.jpg&hash=5a3cbffe3b17d156c6117f8c724e979b044c39cb)

You don't drink, even during holidays? I ask because it seems like us nondrinkers are in the minority on this board.

It may be tested at a lab but it doesn't take three months to get the results!! =|
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: lupinus on August 23, 2009, 09:17:10 AM
It may be tested at a lab but it doesn't take three months to get the results!! =|
With a backlog it can.  The time frame for results isn't the idiocy here, it's holding him with no actual evidence IMO.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 10:06:25 AM
No.  I can't tell if you were serious or joking. 

I am joking WRT you, personally, working to eliminate prostitution, porn, etc.

I am not joking WRT Western society in general slowly working towards a world where these are restricted.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 23, 2009, 10:21:18 AM
funny i see those restrictions getting lighter not tighter
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 23, 2009, 10:40:35 AM
funny i see those restrictions getting lighter not tighter

I thought so, too.   =|
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 11:29:16 AM
Sodomy/prostitution/porn:

Being gay has become more socially acceptable, and it's slowly dragging the other sexual orientations along with it. However, I don't believe that liberal/leftists are actually “for” freedom on this issue, because leftists are not for freedom. They have a set of acceptable minorities (gays, ethnic minorities, and so forth) and rights (free speech - “to a degree”, privacy - “to a degree”) for whom they will stand up because it is profitable to do so. They oppose the fashion industry because it “exploits” women, they oppose prostitution, they oppose a whole load of stuff because that's not part of their 'list of stuff to support to be tolerant. As such, I don't trust them even on the issues where they ostensibly support freedom. With the slowly-increasing creep of the state, it'll get back to gays and lesbians eventually, too.

Pain medications:

Ha. Let's just say your government is moving to ban Vicodin and a slew of other meds right now.

Explosives:

Ha. Ha. Ha. Ha.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: roo_ster on August 23, 2009, 11:55:25 AM
Obviously, what we need is pain-killing explosive sodomite prostitutes. 

With genetically engineered pheromones that attract only congresscritters.

Toss in a few pinhole cameras and we could blackmail all of Congress into doing the right thing.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Firethorn on August 23, 2009, 12:10:26 PM
3.  What is the "field test" for crack cocaine and why does it have any weight at all when lab testing takes months?  It seems to me he could have held the guy there a couple hours and it would have been obvious very fast if he was chewing on crack cocaine.

If you watch cops, it consists of putting a sample of the questionable substance in a vial and putting a few drops of something on it.  If it turns purple, it's cocaine.

It may be as accurate as military chem weapon detection strips that set off on things such as bug spray.

I assume his car was left wherever he was picked up, so they then towed it and auctioned it. I suppose he might have had someone able to pick the car up from the road or the pound, but they knew where he was and still auctioned it. I dunno, I think I'd be pissed about that, in addition to the three months in jail.

3 months in jail - I think it shouldn't be legal to hold somebody 'awaiting trial' for longer than the possible sentence.
As for the car - No selling of car until conviction.  Presumed innocent, remember?

Personally, I think the police department owes him:
1.  A new car - Well, a 'new for him' used one of the same retail value of the one they probably sold at cut rate prices.  IE if he had a '02 Saturn, they have to pay him enough to get a '02 saturn of about the same miles from a dealer.
2.  3 months wages.  
3.  Replacement value for the 'stuff' he lost because he lost his apartment.

The apartment itself is a wash - he can afford to put a deposit and first month's rent on another off of what he wasn't spending on it while in jail.

Then again, the Police are responsible for any penalties/deposit forfeitures.

Basically, they treated this guy as guilty and violated his right to a speedy trial.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Regolith on August 23, 2009, 12:33:22 PM
Personally, I think the police department owes him:
1.  A new car - Well, a 'new for him' used one of the same retail value of the one they probably sold at cut rate prices.  IE if he had a '02 Saturn, they have to pay him enough to get a '02 saturn of about the same miles from a dealer.
2.  3 months wages.  
3.  Replacement value for the 'stuff' he lost because he lost his apartment.

The apartment itself is a wash - he can afford to put a deposit and first month's rent on another off of what he wasn't spending on it while in jail.

Then again, the Police are responsible for any penalties/deposit forfeitures.

Basically, they treated this guy as guilty and violated his right to a speedy trial.

They owe him a hell of a lot more than that.  They violated his rights and wasted 3 months of his life.  It's pretty damn hard to put a dollar figure on time, and there needs to be a very stiff penalty for violating someone's rights.

Replacing his car and paying him 3 months worth of wages is simply inadequate (especially considering the fact he will probably lose a hell of a lot more than 3 months.  In this economy, it could take several more months just trying to find a new job).
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Regolith on August 23, 2009, 12:34:22 PM
Obviously, what we need is pain-killing explosive sodomite prostitutes. 

With genetically engineered pheromones that attract only congresscritters.

Toss in a few pinhole cameras and we could blackmail all of Congress into doing the right thing.

Assuming there are any congress-critters left to blackmail... :O
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Doggy Daddy on August 23, 2009, 01:02:27 PM
Quote
It may be as accurate as military chem weapon detection strips that set off on things such as bug spray.

The sniffers like Woolite.   :lol:

DD
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: roo_ster on August 23, 2009, 01:53:13 PM
Assuming there are any congress-critters left to blackmail... :O

I'm willing to risk it.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Perd Hapley on August 23, 2009, 05:05:46 PM
Micro,

You mentioned the sex-related issues, so that's what I was talking about.  So was c&s daddy, I think.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 05:09:07 PM
Micro,

You mentioned the sex-related issues, so that's what I was talking about.  So was c&s daddy, I think.

Wasn't it you that mentioned them? Anyway, I already elaborated why I think the few gains in this area are, IMO, empty of meaning.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 23, 2009, 07:00:40 PM
maybe its a matter of sampling size and experience.  i'm looking back having lived through 1/2 a century of change and assessing what i know to be true from personal experience living in a number of different places and societies as well as the various stations of life i've passed through. perhaps your vision is limited by those areas you've observed
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: Gewehr98 on August 23, 2009, 07:04:51 PM
So what is the follow-up on this case? 

Is there a lawsuit in the works?

A settlement from the police department?
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 08:24:52 PM
perhaps your vision is limited by those areas you've observed

Perhaps. Amazingly a man may be aware of stuff that took place before they were born.
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: cassandra and sara's daddy on August 23, 2009, 08:29:19 PM
there is a difference between awareness and experience  much like the difference between reading a menu and having the meal
Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: MicroBalrog on August 23, 2009, 08:44:22 PM
there is a difference between awareness and experience  much like the difference between reading a menu and having the meal

Yes. The plural of anecdote is not data.

Having worn the uniform for a year and seven months doesn't make me better aware of things military than a military historian.

Having met a drug addict (and I've met several) doesn't make me better aware of the details of the War on Drugs than someone who studies the various data and statistics.

And so on, on every possible subject.

Worse yet, my arguments are not made less valuable due to my age. If I got a 70-year-old to voice the same arguments they would not become more valuable.

Title: Re: Mints Believed To Be Crack Land Man In Jail
Post by: RaspberrySurprise on August 23, 2009, 10:15:42 PM
Obviously, what we need is pain-killing explosive sodomite prostitutes. 

With genetically engineered pheromones that attract only congresscritters.

Toss in a few pinhole cameras and we could blackmail all of Congress into doing the right thing.

Why not just use them the same way you use sugar beets for deer.

(Im just joking)