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MAPTalk-Digest Tuesday, November 25 2008 Volume 08 : Number 082

001 Re: MAP: US: Web: Secondhand 'Alert' ?! Common Sense
    From: R Givens <>
002 Medical Marijuana, Pt. 1: Patients tell their story
    From: "Herb" <>


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Subj: 001 Re: MAP: US: Web: Secondhand 'Alert' ?! Common Sense
From: R Givens <>
Date: Sun, 23 Nov 2008 09:56:35 -0800

Allowing a search when you have contraband in your vehicle could mean 
jail time or a hefty fine. Volunteering to be a victim of drug 
prohibition is just plain stupid.

Refusing a search might result a in search against your will and an 
arrest, but the case will likely be tossed out of court for lack of 
justification for a search. If you give permission to find your pot 
under the seat, you need a brain transplant more than common sense 
advice. If they search they WILL find the pot and you WILL be 
arrested. If you gave up your 4th Amendment rights, you WILL be 
convicted when you get to court.

Here's a thought that might give some cops pause. If you have a cell 
phone and a lawyer, tell the cops "Let me call my attorney and we'll 
see what he/she thinks about a search."

The less you say to these Gestapo operators the better. The narcs are 
experts in conning people into giving up their rights. But 
cooperating with police is just plain stupid if you face prison or a 
sizable fine for a joint.

One fellow I know was searched against his will and the Highway 
Patrol found more than a pound of marijuana. They kept trying to get 
him to make admissions etc to use against him in court. Once they 
began the search, he refused to say even one word in answer to their 
questions. "I'm using my 5th Amendment right against 
self-incrimination," he said. After about 45 minutes of constant 
badgering without any response, the cops were screaming about his 
silent refusal to "cooperate."  The end of the affair was that the 
case was dismissed before it got to court. Without a justifiable 
reason for the search and without any incriminating statements they 
had nothing that would stand in court.

If he had permitted the search he would have done some serious prison time.

Tell these morally bankrupt drug crusaders "I have important business 
to attend to and do not have time to satisfy your idle curiosity. 
Unless you have a reason for an arrest, write the ticket and let me 
go on my way. Am I being detained?"

If they say they are calling for drug dogs, ask the officer for the 
exact time. There's a limit on how long a person can be detained to 
get a search dog. If they go over the limit, the case dies.

If they say you are not being detained, tell the officer, "In that 
case I'm leaving, "Please step back," then put your car in gear and 
leave.
R Givens

>Author: Jo-D Harrison
>
>SECONDHAND "ALERT" ?!
>
>It's 11:11 p.m. on November 19, 2008 and I'm feverishly 
>chain-smoking cigarettes and guzzling vodka in an attempt to calm 
>down as I type this story. I left my sister's house a little over an 
>hour ago after a wonderful night of chatting and chili. She lives in 
>the town of POTtsboro, Texas which has more cops per square inch 
>than any town I've ever been in. I keep my drinking to very minimal 
>amounts and tonight validated all those sober visits I've made.
>
>I was half-way home when I saw a most dreaded sight - flashing blue 
>lights in my rear-view mirror.  I quickly started scanning the 
>winding, country road until I found a place to safely pull over. A 
>POTtsboro police officer approached my driver-side window, politely 
>introduced himself, and asked for my Drivers License and proof of 
>insurance.  I was prepared for his request and handed him both items.
>
>He then informed me that he had pulled me over for faulty operating 
>equipment.  Said one of my brake lights was stuck on and the other 
>was not working at all. He asked me to sit tight and returned to his 
>vehicle to run my numbers.
>
>He returned to my window a few minutes later and asked me to step to 
>the rear of my vehicle while he "explained this to me". Instead of 
>"explaining this to me" he started a fishing expedition:
>
>"Ever been arrested before?" he asked.
>
>"Yes, a misdemeanor marijuana possession in California around '98," 
>I answered.
>
>"Do you have any marijuana in your possession?"
>
>"No."
>
>"Do you mind if I search your vehicle?"
>
>I responded, "I will comply with your requests but will not give you 
>permission to search my vehicle."
>
>His head cocked to the side, similar to the way my border collie 
>does when I talk to him, and a few moments slowly ticked by.
>
>"OK, just stand here for a minute and I'll get back to you." he said 
>as he returned to his car. A few moments later he informed me that a 
>K9 Unit was on their way and we would be waiting for their arrival.
>
>Some polite and quite interesting conversation filled the next 30 
>minutes.  I think we were both fishing for information at this 
>point. In between the small talk about how long each of us had lived 
>in the area, how great the fishing was right now and how it was "a 
>very nice night for November," the real questions/answers slipped 
>out.
>
>He explained that his experience has told him everyone who refuses a 
>search is trying to hide something. I replied that it is a shame all 
>citizens do not understand nor exercise our Bill of Rights. I also 
>commented that I was about to prove his assumption was incorrect. At 
>some point he informed me I was only the third person in his entire 
>career to refuse a search.
>
>I found an opening to talk about medical marijuana since it was 
>connected to my possession charge.  He asked if my husband had a 
>prescription and quickly conceded when I responded with "Tom had a 
>recommendation from his doctor."
>
>"A recommendation, yes." He nodded. It does give me some hope that 
>this young Texas police officer seemed to realize the difference!
>
>When I asked how long he was allowed to detain me while we waited 
>for the dogs he nervously agreed with me as I answered my own 
>question with "a reasonable amount of time to be determined by the 
>officer." Of course we all, hopefully, know the judge/jury would 
>have that final decision.
>
>He then commented that he is usually fairly lenient with small 
>amounts of marijuana but had zero tolerance for any other drug. I 
>replied, "I would hope alcohol would be your greatest concern, yes?!"
>
>I mentioned that Texas has recently passed a state law which gives 
>the arresting officer discretion in minor marijuana possession cases 
>and asked him if/how he implemented that law.  Unfortunately he 
>answered that marijuana possession is still a class B misdemeanor 
>and our county has not yet implemented the structure to avoid taking 
>the suspect through the jail scene.
>
>I asked him if he would have called for the dogs had I given him 
>permission to search my car.  He answered, "No, and you would 
>probably be home by now, right?!" He followed with, "If someone 
>asked to search my car I would let them - I've nothing to hide!" I 
>responded that he should check out the ACLU website the next time he 
>had a few spare moments.
>
>Finally, two Sherman squad cars pulled in and one female and two 
>male officers stepped over to speak with the POTtsboro officer. I 
>was very lightly patted down by the courteous female officer. I 
>asked her several K9 questions as one of the male officers walked a 
>gorgeous German Shepherd around my car twice.
>
>It was at the end of the second lap when the dog "alerted" by 
>jumping up on my passenger-side quarter panel.  "GOOD BOY!" the 
>officer said as he playfully patted the dog and took him back to his 
>car.
>
>The officer approached me and said, "Our dog has alerted on your 
>vehicle so we are going to search it now."
>
>They were, thankfully, respectful of my property and each of the 
>three of them approached me at different times during the search 
>with similar questions.
>
>They all started with, "Tell me truthfully why you refused his 
>search request." and ended with if/when was the last time I 
>carried/smoked marijuana in my vehicle.
>
>I have NEVER carried marijuana in my car and I think both sides were 
>trying to figure out why the dog would "alert" as they seemed to 
>begin to believe this fact also.
>
>I have NEVER smoked marijuana in my car but knew the dog would 
>"alert" from the moment I was given the information that K9 was on 
>the way.
>
>As the event drew to a close they all seemed to justify their dog's 
>"alert" by concluding my car had received a secondhand high from the 
>marijuana that must have oozed out of my body every time I drove it!
>
>So, the morale(s) of the story?
>
>1) Never, NEVER, drive a vehicle on public streets unless it is in 
>good working condition, the tags, your Drivers License and insurance 
>are all up-to-date.
>
>2) Always be courteous to police officers since they have your 
>freedom in their hands.
>
>3) MEMORIZE THIS: "Officer, I will fully cooperate with you but I 
>will not give you permission to search my person and/or vehicle" 
>SERIOUSLY, MEMORIZE IT!! Also make time to visit the ACLU website 
>and print their Know Your Rights: Bustcard, 
>http://www.aclu.org/racialjustice/racialprofiling/15865pub20040714.htm
>
>------------------
>
>Note: Jo-D Harrison is our Membership Coordinator and an Assistant 
>Webmaster.  On November 20th she successfully repaired her brake 
>lights by installing the correct bulbs for a total cost of $2.41!

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Subj: 002 Medical Marijuana, Pt. 1: Patients tell their story
From: "Herb" <>
Date: Tue, 25 Nov 2008 10:21:12 -0800

Medical Marijuana, Pt. 1: Patients tell their story

http://www.ktvz.com/Global/story.asp?S=9408987 

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End of MAPTalk-Digest V08 #82
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