Need Help!! Got busted with a bottle!!!!!!

[Baby Faced Assasin]

"he (your "friend") should have told them to get a warrant and salmmed the door then flushed everything. Hindsight is 20/20"





hindsight reveals you did the right thing. Attempting to slam the door once the officer had formed a opinion that a scheduled substance was being used in the houseIt would have turned into a struggle at the door which would have led to everybody face down in cuffs, and i can promise ya somebody would have gone to jail.


If i was the responding OFC i would have just wrote the homeowner a citation for Misdemeanor Poss/of schedule 6. And "dropped" the bottle of test or pushed it to the back of the cabinate if i was the was searching it.

[Baby Faced Assasin]

"Although smell,hearing or touching is a situation where the fourth admendment defense is not applicable; If no permission was given to search and they searched anyway then the police violated the 4th admendment which means it will poision or "taint" evidence obtained later in the same investigation. WONG VS UNITED STATES"


While this is case law, it has been mis-understood.

No situation in law enforcement is black and white, right or wrong. It is a realm of gray areas. Im not familier with the "wong" case as i've never heard it called as a defense to dismiss a case. I cant tell ya the number of parties of been called to where i could smell weed, so i started asking who's house it was after i knocked. (in party situtations everybody always turns dumb, "gee i dont know who's house this is") But to make a long story short they've tried to say i had no PC to enter the residence based on me smelling weed that could have come from anywhere, however, using the reasonable person standard my charges have been upheld each time (and convicted)


My advice to you bro's is DO NOT GO TO THE FUCKING DEA OR OTHER GOVERNMENT WEBSITE AND START TRYING TO INGRAIN STATUTES AND LAWS THAT YOU WILL NOT BE TRIED UNDER IF YOUR BUSTED!!!

Learn your own states laws as thats what you'll be charged under if your cuaght with any substance unless its in un-friggin-real amounts. (then the feds may grab it or the locals may turn it over.)


Meso-Member, im not pickin on your post at all. You had just given out some advice that may have caused some bros more harm than good in the future.
(i.e; slam the door and flush the evidence) Woo-hoo now you've got a RDO (resist,Delay,Obstruct) charge)


Im just trying to give a little insight into how the laws apply based on real world experience as a Officer, so you guys can better arm yourselves.


~~BFA~~

[Desibaba]

Baby Faced Assasin i had one question for ya.I am here in ft lauderdale,Florida and both on the streets and in the gym i have seen some huge, veiny cops. As you might know ronnie coleman won the Mr Olympia 3 times while being a police officer.Does the average cop really want to bring down the overall law abiding citizen who pays his taxes, follows the rules but only wants to improve his own body.I mean i have seen cops who look juiced to the gills but i dont think they ever get in trouble with their departments even though its so obvious.Personally i dont blame them for it.If i was a cop or a firefighter and i was putting my life on the line on a daily basis i would wanna be as strong as possible too. What do you think about this?

[mesomember]

Originally Posted by Baby Faced Assasin

"Although smell,hearing or touching is a situation where the fourth admendment defense is not applicable; If no permission was given to search and they searched anyway then the police violated the 4th admendment which means it will poision or "taint" evidence obtained later in the same investigation. WONG VS UNITED STATES"


While this is case law, it has been mis-understood.

No situation in law enforcement is black and white, right or wrong. It is a realm of gray areas. Im not familier with the "wong" case as i've never heard it called as a defense to dismiss a case. I cant tell ya the number of parties of been called to where i could smell weed, so i started asking who's house it was after i knocked. (in party situtations everybody always turns dumb, "gee i dont know who's house this is") But to make a long story short they've tried to say i had no PC to enter the residence based on me smelling weed that could have come from anywhere, however, using the reasonable person standard my charges have been upheld each time (and convicted)


My advice to you bro's is DO NOT GO TO THE FUCKING DEA OR OTHER GOVERNMENT WEBSITE AND START TRYING TO INGRAIN STATUTES AND LAWS THAT YOU WILL NOT BE TRIED UNDER IF YOUR BUSTED!!!

Learn your own states laws as thats what you'll be charged under if your cuaght with any substance unless its in un-friggin-real amounts. (then the feds may grab it or the locals may turn it over.)


Meso-Member, im not pickin on your post at all. You had just given out some advice that may have caused some bros more harm than good in the future.
(i.e; slam the door and flush the evidence) Woo-hoo now you've got a RDO (resist,Delay,Obstruct) charge)


Im just trying to give a little insight into how the laws apply based on real world experience as a Officer, so you guys can better arm yourselves.


~~BFA~~

You made many good points points, Each state is different and search and seizure has many gray areas...I meant slam the door and flush the contraband as I assume the officer had no PC in the first place, DId he smell it outside the apartment? I'd take an obstructing mis charge ( in this state)over Felony poss. of controlled substance any day. They could have easily locked the door and disposed of the evidence and as they were not in pursuit of a fleeing felon/fugitive I don't think they would bust the door in. Obviously were missing much information, namely why were the cops there in the 1st place. Your right I should probably not reccomend slamming the door and flushing, but that is what I would have done. I admit It's been a while since I've been to the academy, but from my "training and court experience" this charge could easily be dismissed based on the limited information I've been provided. No offense taking here..I just can't believe how unaware some folks are of their rights when they deal with gear, weed and things that can really screw their lifes up. I would never keep gear in my own home. Your feedback was appreciated I guess I was ranting a bit and should have clarified more.

[carved22]

Pieces of most of the advice given are pretty accurate however, thanks to New Federalism each state is able to form more strict rules for federal statutes that have been signed as law. Therefore, it would be hard for anyone to give advice unless they are fimiliar with your states laws. The fourth amend. protects citizens of this country against UNREASONABLE governmental searches & seizure. I capitolized UNREASONABLE because that is going to be the arguing factor, what is unreasonable? That argument is for a suppression hearing and will be determined by a judge. As stated above, the immediacy of the search coupled with the likelyhood that evidence could be destructed are factors in the senario. Did the officers have knowledge that there was contraband in the house? Did the police department receive a crime tip about the use of the substances in the house? This makes a difference.

The fact that the officers smelled marijuana is not a clear indication of a search of the residence however, if the officer asked where the rest of the weed was and you lead him to the back room where the weed was than, anything that they observed during that process would probably be good . Things to remember (at least in my state) if an officer is lawful in an area / home and observes something illegal which he IMMEDIATELY recognizes as contraband than, the seizure would be good for the purposes of the 4th Amend. The odor of marijuana as I said is not enough for a search of a residence (a vehicle yes but not a residence) however it is enough for an officer full of piss and vinegar to secure the residence and articulate in an application for a search warrant that he believes that there is probable cause that there is contraband located witin the house. It would be up to a judge to decide whether he / she agrees with the information in the officers application and grant the Search Warrant.

Keep in mind also that, in some states an application for a search warrant is a very simple procedure and the search warrant can be issued on somewhat gray terms, such as PA (which thank god, I dont live).

In my state you need very strong probable cause as well as detailed information about the specifics of the search that will take place if the warrant is issued. You also need to spell out very clearly what you hope to recover as contraband.

As you can see, this topic could go on forever. It really depends on your state laws and the procedure of your local Police Department. To say that you will be charged or will not be charged is unfair because it is a guess.

There is something called "constructive possession" which simply means, that you had the ability to access the contraband. Constructive possession seems to fit in your situation and you COULD be charged.

I wouldnt spend your money on an attorney until you learn that charges have been signed against you, what's the point.

PS. Destructing evidence is rarely effective once the police have arrived. It usually means that additional charges will be filed for tampering / destruction of evidence, Obstructing an Investigation, Hindering Apprehension as well as the original charges. In the big picture the police are not completly stupid, eating drugs is usless anymore, blood tests and detainment until you shit the drugs out are possibilities with a court order. Then you just added more charges for trying to be a wise guy.

Once this stuff goes to court, as long as your not a repeat offender, things usually work out pretty good.

Hope my two cents help.

[Baby Faced Assasin]

SOunds like you live in NC Carved, An applicaton for a search warrant out here can take From 3 to 24 hours.

Desi, its hard for me to give a opinion as far as how cops feel about roids because i've never met a cop period that has even seen, much less charged any body for it.

I know a few cops that juice bu even out of the biggest of us nobody has any clue that we juice. They just think were crazy dedicated to liftin.

Im a firm believer that the reason steroids are a scheduled substance is becuase of the Whole Ben Johnson fiasco back in the 80's. I really belive that. The US got embarrased becuase he just happened to get popped, decided it was a "Epidemic in america" And passed the bill.

Look at the facts. The reson people almost never get caught with roids (aside from shipping large amounts in transit) is steroids to not lead to other crimes the way other drugs do.

We catch people with meth every day because the meth head will rob, steal stab and kill to get more. The juicer on the other hand plans his cycle out ahead of time, Buys his gear and meds his needs peice meal until he has his cycle together. The body building lifestyle in itself for most people involve a level of dedication and discipline of self that are contradictive to being a criminal. The onl criminal act the juicer comits is possesion of the steroids.

I plan on being "un-natural" for life, well into my golden years. And the day i retire i'm going to become a rabid spokesperson for the decriminalization of steroids.

I enjoy busting meth labs and dealers. Coc, crack you name it. I do get a wonderfull feeling from taking a man whos assaults an rapes his children and putting him away forever. And i rally almost cried after seeing the huge smile on a 6 year old girls face when i returned her toys that had been stolen. (she was very poor). But i will never understand why roids are against the law.

[esco]

wasn't ben johnson a runner for canada?

[plmuscle]

I never thought a law enforcement officer would say something like that. I agree I don't understand why steroids are illegal. Messed up laws in America.

Originally Posted by Baby Faced Assasin

SOunds like you live in NC Carved, An applicaton for a search warrant out here can take From 3 to 24 hours.

Desi, its hard for me to give a opinion as far as how cops feel about roids because i've never met a cop period that has even seen, much less charged any body for it.

I know a few cops that juice bu even out of the biggest of us nobody has any clue that we juice. They just think were crazy dedicated to liftin.

Im a firm believer that the reason steroids are a scheduled substance is becuase of the Whole Ben Johnson fiasco back in the 80's. I really belive that. The US got embarrased becuase he just happened to get popped, decided it was a "Epidemic in america" And passed the bill.

Look at the facts. The reson people almost never get caught with roids (aside from shipping large amounts in transit) is steroids to not lead to other crimes the way other drugs do.

We catch people with meth every day because the meth head will rob, steal stab and kill to get more. The juicer on the other hand plans his cycle out ahead of time, Buys his gear and meds his needs peice meal until he has his cycle together. The body building lifestyle in itself for most people involve a level of dedication and discipline of self that are contradictive to being a criminal. The onl criminal act the juicer comits is possesion of the steroids.

I plan on being "un-natural" for life, well into my golden years. And the day i retire i'm going to become a rabid spokesperson for the decriminalization of steroids.

I enjoy busting meth labs and dealers. Coc, crack you name it. I do get a wonderfull feeling from taking a man whos assaults an rapes his children and putting him away forever. And i rally almost cried after seeing the huge smile on a 6 year old girls face when i returned her toys that had been stolen. (she was very poor). But i will never understand why roids are against the law.

[BHerks]

Originally Posted by esco

wasn't ben johnson a runner for canada?

yea he was.

[Baby Faced Assasin]

Originally Posted by BHerks

yea he was.

My bad, I get all passionate and mis speak.

Their was some kinda Johnson america connection that had came to bear.

I read the book a fe years back but i cant remember the exact details.

[thick]

Perhaps johnsons trainer was american. I cant recall off the top of my head.
Also, Lyle alzado was a major pain the the AAS users ass

[Baby Faced Assasin]

Originally Posted by thick

Perhaps johnsons trainer was american. I cant recall off the top of my head.
Also, Lyle alzado was a major pain the the AAS users ass

Yes i love Lyle, but he did alot to damage roids and demonize them as killers.

[demons]

I plan on being "un-natural" for life, well into my golden years. And the day i retire i'm going to become a rabid spokesperson for the decriminalization of steroids.

I enjoy busting meth labs and dealers. Coc, crack you name it. I do get a wonderfull feeling from taking a man whos assaults an rapes his children and putting him away forever. And i rally almost cried after seeing the huge smile on a 6 year old girls face when i returned her toys that had been stolen. (she was very poor). But i will never understand why roids are against the law.[/quote]




right on bfa..I agree with you

[mr.big]

Originally Posted by Baby Faced Assasin

SOunds like you live in NC Carved, An applicaton for a search warrant out here can take From 3 to 24 hours.

Desi, its hard for me to give a opinion as far as how cops feel about roids because i've never met a cop period that has even seen, much less charged any body for it.

I know a few cops that juice bu even out of the biggest of us nobody has any clue that we juice. They just think were crazy dedicated to liftin.

Im a firm believer that the reason steroids are a scheduled substance is becuase of the Whole Ben Johnson fiasco back in the 80's. I really belive that. The US got embarrased becuase he just happened to get popped, decided it was a "Epidemic in america" And passed the bill.

Look at the facts. The reson people almost never get caught with roids (aside from shipping large amounts in transit) is steroids to not lead to other crimes the way other drugs do.

We catch people with meth every day because the meth head will rob, steal stab and kill to get more. The juicer on the other hand plans his cycle out ahead of time, Buys his gear and meds his needs peice meal until he has his cycle together. The body building lifestyle in itself for most people involve a level of dedication and discipline of self that are contradictive to being a criminal. The onl criminal act the juicer comits is possesion of the steroids.

I plan on being "un-natural" for life, well into my golden years. And the day i retire i'm going to become a rabid spokesperson for the decriminalization of steroids.

I enjoy busting meth labs and dealers. Coc, crack you name it. I do get a wonderfull feeling from taking a man whos assaults an rapes his children and putting him away forever. And i rally almost cried after seeing the huge smile on a 6 year old girls face when i returned her toys that had been stolen. (she was very poor). But i will never understand why roids are against the law.

Very true to my own feelings BFA! That's exactly how I feel.
More power to the juice and it's a shame that the US government made
a rash decision based on the embarrassment of an Olympic event like that.

The media is the problem and who controls the media ?