#16
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Also, FWIW, I posted here because until today I was unaware of this situation/crowd-funding effort until today and I like to think that the cycling/framebuilding community are tight-knit enough that we can get together and support one of our own when they are being railroaded into an unfair/life-altering situation such as this. Maybe $20k doesnt seem like a lot of money to some of you, but for a full-time framebuilder that is a HUGE setback. Thats all. Please know Casey had nothing to do with my posting this here. Last edited by eBAUMANN; 11-16-2017 at 03:38 PM. |
#17
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I wonder if he consented to the search of his vehicle.
If not, then why was the vehicle searched? I understand that a warrant is not required in this case - in most circumstances, police are allowed to search a vehicle during a traffic stop if they have probable cause or reasonable suspicion. So what probable cause has been cited in the court filings for this case? In any case, I agree - totally inappropriate charges given what we know of the circumstances. |
#18
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I'm not an attorney or LEO, but I did ask an attorney once what I should do if I ever found myself in a situation such as this. His answer was to refuse a search flat out. It'll piss them off big time and they would likely attempt to threaten or otherwise coerce you into a search. But, if you stick to it they'll have to haul you to jail and you can call an attorney. Your next several hours or longer are now spoken for, but its a decision that's yours to make. I understand that being a couple thousand miles from home complicates that decision. Note that the attorney I asked was a white male and so am I. I realize and respect that the calculation is way, way more involved for people who don't look like me. Last edited by ColonelJLloyd; 11-16-2017 at 03:56 PM. |
#19
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the other question in my mind is - if you do consent to a search, how invasive is warranted?
for example, cops think you've got drugs in the car, search and see nothing obvious, but now decide that you may have it hidden in the upholstery of your back seat - is the consent you initially gave them enough for them to take a razor knife to your seats to see what's inside?
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http://less-than-epic.blogspot.com/ |
#20
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This is gonna get ugly.
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#21
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The real issue is that under US law local Law enforcement agencies will get to keep the proceeds from cash seizures to fund their departments. It is well know that most people will accept the shake down because fighting it in court will cost more that what was taken. A lot of police go on a fishing trip and once in a while they catch a big one. Even though the person was not committing or intending to commit any crime. Perhaps they were looking for cash but found the THC candy instead and decided make a big deal out if it, for any number of unknown reasons.
http://www.cbc.ca/news/world/america...oney-1.2760736
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Cheers...Daryl Life is too important to be taken seriously Last edited by Black Dog; 11-16-2017 at 04:05 PM. |
#22
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i don't think so.
the situation is pretty cut and dry. my initial point was only that i dont see why anyone who doesnt know this guy would give him any $$ to help with his situation, when there are so many other less fortunate folks in need. i think if he needs to raise cash quickly, and he is a bicycle frame builder, there are more creative ways for him to bring some funds in than simply asking for a handout. he didnt ask me, but my advice to him would be to leverage his skills and social network to incentivise people giving him some money now, with payback somewhere down the road, in the form of a frame discount, or something like that - something better than, i need money, can you give it to me. again, i dont know him or anything about him - so i'm not making any judgement either way.
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http://less-than-epic.blogspot.com/ |
#23
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Could you offer 100 tickets at $50 each to raise $5k? And deliver some sort of special "Freedom Frame"... I don't know, I'm just throwing ideas out there.
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And we have just one world, But we live in different ones |
#24
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There are three basic ways in which an officer has the authority to conduct vehicle searches after a traffic stop. The first is consent. Most often if a police officer wants to search your car, he will ask you if it's okay. There is no obligation to say yes. You, in fact, can remain silent and consent cannot be implied from silence. If you do say yes, however, the police officer has the authority to search your entire car. The next possible justification for vehicle searches is reasonable suspicion. If the police officer thinks that you are concealing something dangerous or illegal, he is allowed to perform a search of the car. Depending upon your state, this search may include places like a locked glove compartment or the trunk of your car. All the officer needs is a hunch that your car may contain illegal contraband or dangerous weapons to conduct this search. Because a car is so mobile, courts have routinely upheld warrantless searches of vehicles under an exception to the 4th Amendment of the US Constitution. Lastly, if the police want to, they can put you in the back of their patrol car and wait for another officer to show up with a search warrant. By doing this, the officer has the right to do a very thorough search of your vehicle. |
#25
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Also it should be noted that portions of Pennsylvania are within 100 miles from the Canadian border. U.S. Customs and Border Protection (CPB) officers don't need no permission or warrant to search people at border crossings. A few years ago, federal regulations were changed to give CPB officers extra-Constitutional powers to operate up to 100 miles from the border. They have used these powers to perform warrantless searches many miles from the border - although the legality of this is hotly debated. |
#26
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But I'd hope that judges don't give out search warrants like candy. What justification do they have to give to the judge for the search warrant?
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#27
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Wrong place at the wrong time
Southwestern PA has been hit hard by the opioid herion epidemic and the county that he was arrested in, Green County, just filed a lawsuit against the Big Pharmacy companies and a number of doctors a couple weeks ago. The local law enforcement agencies are probably on the lookout for suspicious activity and unfortunately his speeding brought him to their attention.
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#28
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Small town judges.....small town police officer. Best drinking buddies.
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#29
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__________________
Cheers...Daryl Life is too important to be taken seriously |
#30
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how come everyone with a crowdfunding page is a victim? speeding thru PA with a stash of gummies doesn't sound like a good idea in the first place....sorry about all his legal troubles, but maybe slow down a bit when you're carrying contraband. Last edited by josephr; 11-16-2017 at 05:39 PM. |
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