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Cops, Mace, and a Victim of Circumstance...
Me | 03/27/06 | sit-rep

Posted on 03/27/2006 11:32:48 AM PST by sit-rep

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Isn't life grand??
1 posted on 03/27/2006 11:32:50 AM PST by sit-rep
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To: sit-rep

Proper answer to a request to search your car:

"I believe in cooperating with the police but this is a new situation for me, I'm like to check with a lawyer first before you search the car."


2 posted on 03/27/2006 11:35:28 AM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
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To: sit-rep

Get a lawyer.


3 posted on 03/27/2006 11:35:50 AM PST by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: Squantos; Travis McGee; Jeff Head; humblegunner; hiredhand; verity; Dashing Dasher; Tijeras_Slim; ..

What do you all think of this one??


4 posted on 03/27/2006 11:36:15 AM PST by sit-rep (If you acquire, hit it again to verify...)
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To: sit-rep

Just Damn!

Good luck, I hope you beat this BS.


5 posted on 03/27/2006 11:36:18 AM PST by Michael Goldsberry (Lt. Bruce C. Fryar USN 01-02-70 Laos)
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To: sit-rep

I didn't notice this was you personally when I first responded....OMG I am so sorry to hear this happened to you. Good luck.


6 posted on 03/27/2006 11:36:41 AM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
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To: gondramB; theDentist

Got one...he scratched his head and basically siad WTF??


7 posted on 03/27/2006 11:37:33 AM PST by sit-rep (If you acquire, hit it again to verify...)
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To: sit-rep

The easiest way to beat this is to beat the original stop. If there's no probable cause for the original stop, then the search and everything they found is "fruit of the poisonous tree".

Too bad you consented. So you can't quash the search. This is why I tell my kids "don't ever give them permission to search."

Other than that -- hire a good criminal lawyer. Best way to find one is to ask someone who works in the courthouse who is not actually a defense attorney himself, like a civil lawyer, a court reporter, a bailiff.


8 posted on 03/27/2006 11:38:08 AM PST by CobaltBlue (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: gondramB

'preciate it... It's like totally unbelievable...


9 posted on 03/27/2006 11:38:59 AM PST by sit-rep (If you acquire, hit it again to verify...)
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To: sit-rep

Get the best lawyer you can afford. That and my prayers are the only things I can offer.


10 posted on 03/27/2006 11:39:06 AM PST by kenth
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To: gondramB; sit-rep
Proper answer to a request to search your car:

"I believe in cooperating with the police but this is a new situation for me, I'm like to check with a lawyer first before you search the car."

Ding, ding, ding! We have a winner!

11 posted on 03/27/2006 11:39:17 AM PST by FormerLib (Kosova: "land stolen from Serbs and given to terrorist killers in a futile attempt to appease them.")
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To: sit-rep

I did a quick search and find that Mace does have a limited "Shelf Life" and since this mace in your glove box is 22 years old I bet it is inert.

http://www.google.com/search?hl=en&lr=&rls=GGLD%2CGGLD%3A2004-11%2CGGLD%3Aen&q=%22shelf+life%22+mace

Hire a lawyer, quickly.


12 posted on 03/27/2006 11:39:19 AM PST by Cagey (You don't pay taxes - they take taxes. ~Chris Rock)
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To: sit-rep
Got one...he scratched his head and basically siad WTF??

Hire another one, that one's no good.

Whose name is on the title? If it's your wife's, that should help.

Unless you already confessed to the cop.

Then, you really, really, really need another lawyer.

13 posted on 03/27/2006 11:40:10 AM PST by CobaltBlue (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: sit-rep

OK. Don't talk with the police any more without your lawyer present. I wish I could advise you better, but I do wish you well. Likely an assoc D.A. will recognize this is a waste of time and let you pay a fine.


14 posted on 03/27/2006 11:40:36 AM PST by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: Cagey; sit-rep
I did a quick search and find that Mace does have a limited "Shelf Life" and since this mace in your glove box is 22 years old I bet it is inert.

Oooooo, good one. Excellent.

So, he needs to have the contents tested.

Or maybe, see if the cops get it tested first, and then move to dismiss if they don't.

I wonder what he would need to do in order to preserve the contents for an independent test?

15 posted on 03/27/2006 11:42:25 AM PST by CobaltBlue (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: CobaltBlue

last time i knew, permission to search the vehicle is not permission to search the glove box without specific consent or a warrant.


16 posted on 03/27/2006 11:42:54 AM PST by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: sit-rep
He informed me that the mace my wife had in her glove box was a 5 year felony, and I am under arrest.

Good lord!

I don't know what to say.

17 posted on 03/27/2006 11:43:00 AM PST by humblegunner (If you're gonna die, die with your boots on.)
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To: CobaltBlue; sit-rep
Well, from what I've read so far it most likely has a shelf life of three to five years. I'd bet that the container sit-rep's wife has is totally inert and useless. It may not even have a propellant active anymore.
18 posted on 03/27/2006 11:44:08 AM PST by Cagey (You don't pay taxes - they take taxes. ~Chris Rock)
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To: sit-rep

what happenned to me-
police: Mind if we search your vehicle?
me: get a warrant and you can search anything you like.
police: I'm going to give you a written warning for not having lights on...
me: I'm parked. don't need lights on when parked.
police (looking around): did anybody see this guy driving withought lights?..OK, you can go your way, sir. sorry for the interruption...


19 posted on 03/27/2006 11:44:17 AM PST by camle (Keep your mind open and somebody will fill if full of something for you.)
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To: Cagey
This is worth looking into... a lawyer may advise testing it, and if it's inert it's nothing more than an empty package.
20 posted on 03/27/2006 11:44:43 AM PST by IncPen (Torture should be safe, legal, and rare.)
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