HELP! (Nevada Lawyers) Drug bust on the way into burning man

[AntiM]

1: Thank you to all of the helpful people on here.

2: My boyfriend did not go to jail or prison. He got into a diversion program which included a year of a weekly drug rehab. He also has been on probation since the incident. He is also in the hole tens of thousands of dollars because of this incident.

3: Does anyone know how I can delete my profile on here?

Contact an admin (we mods can't do it). If nothing else, delete all info on your profile, then change your email addy to a dead one.

[gyre]

Trying to change anything major like the email seems to lock up the account until admin fixes it.
Deleting info and not using it would probably accomplish what you're after though.

[jkisha]

never mind.

JK

[Capt.Flame O]

DUH, SPEED KILLS
if he wasnt exceeding the limit...the cops wouldnt have exceeded theirs
dont be a dummy..
speed limits give the cops such a happy reason to fuck with you at burn season...
play it safe and HIDE YOUR DOPE BETTER!!!
jeeze dont you watch " Cops"?
its been on for like 20 years..your case falls into the frame scene Ive watched like about a THOUSAND TIMES
good luck

[LLQchasm]

There are no guarantees in life. Doing everything right is not a guarantee that something will not go wrong. 98% of LEO's are professional, but they are human too. Pressures get to them, they personalize grievances and in a few cases they violate the law themselves.

The BM survival guide will better the odds and there is the clue (survival). The use of rights is just a power ploy and there is always somebody on both sides. When you are on the losing side in an imperfect world where there is injustice, to survive, you sometimes have to kill. This is the case in the jungle, desert and also on concrete. One tries to avoid it but it is not always possible. If deer had intelligence, then they'd need permits to inhabit BLM, would be taxed, have traps set up for them so that they would provide an income for business, just like businesses do to people. Translation = humans are a threat to other humans, we consider wildlife for the most part beneath us because we have power over them, but nobody wants to have a higher authority over themselves imposing their will upon you. Sometimes though it is necessary, other times those with the power use it for personal advantage and the only difference between a lion hunting a gazelle and a cop hunting a hippie is the paperwork involved.

[sacramentogames]

Just because you are speeding does not give a police officer the right to bring a dog in your car or even allow him to search your vehicle. A peace officer only has the right to look in your glove box and that's where it ends. He cannot even look under your seat unless he smells alcohol or marijuana. If you admit to anything in the car or if the officer smells marijuana/alcohol, the officer has probable cause and may search your vehicle with or without your permission.

An officer has to have reasonable suspicion to detain you for anything other than the speeding ticket. If a peace officer enters your vehicle without your permission and there is no probable cause (smell of alcohol, smell of marijuana, no admission of drugs), then a jury would have no choice but to throw the conviction out the door. Evidence can only be admitted if the officer had the "right to be there".

"probable cause" A set of facts that cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime.

"Fourth amendment" The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and Warrants shall not be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

"exclusionary rule". This means that any evidence obtained through an illegal search is excluded and cannot be used against the defendant at his or her trial.

As for reading of your rights- the officer only has to read you your rights if you are being interrogated. Since there is no interrogation, there is no requirement of your Miranda Rights.

Bottom line, if you do not smell like marijana or alcohol and you are not on probation a peace officer cannot search you or your car over a speeding ticket. Your answer should always be NO when it comes to search and seizure.

[wraith]

And yet the simplest solution never seems to occur to people :

Leave that shit at home.

I know, you want to get fucked up on the playa, but is it really worth the felony charges if you get caught? Just get drunk like the rest of the world, and save the rest for your decompression time back home, if that's what trips your trigger.

[LLQchasm]

A peace officer only has the right to look in your glove box and that's where it ends.

Technically that's only true if the glove compartment is open. They can't look at anything that is not in plain view without permission. They have to have probable cause. That hasn't stopped dirty cops, but a dirty cop might not even bother to ask.

[sacramentogames]

A peace officer only has the right to look in your glove box and that's where it ends.

Technically that's only true if the glove compartment is open. They can't look at anything that is not in plain view without permission. They have to have probable cause. That hasn't stopped dirty cops, but a dirty cop might not even bother to ask.

They can look in your glovebox and anywhere in plain view. The glovebox does not have to be open for an officer to get into it legally.

If anyone is in the car on probation or parole, an officer can search the prabationer and anywhere in the car within arms reach.

For the guy who got busted in this thread, you are lucky you only got charged with possession felonies. You could have been hit with Transport. I think the code on that is HS11360 and HS11379

[unjonharley]

A peace officer only has the right to look in your glove box and that's where it ends.

Technically that's only true if the glove compartment is open. They can't look at anything that is not in plain view without permission. They have to have probable cause. That hasn't stopped dirty cops, but a dirty cop might not even bother to ask.

They can look in your glovebox and anywhere in plain view. The glovebox does not have to be open for an officer to get into it legally.

If anyone is in the car on probation or parole, an officer can search the prabationer and anywhere in the car within arms reach.

For the guy who got busted in this thread, you are lucky you only got charged with possession felonies. You could have been hit with Transport. I think the code on that is HS11360 and HS11379

This is BLM land.. Don't forget Geo. BUSH took the lid off legal search.. BLM stops you and your ass is grass.. Same thing going through the resarvation..

[sacramentogames]

A peace officer only has the right to look in your glove box and that's where it ends.

Technically that's only true if the glove compartment is open. They can't look at anything that is not in plain view without permission. They have to have probable cause. That hasn't stopped dirty cops, but a dirty cop might not even bother to ask.

They can look in your glovebox and anywhere in plain view. The glovebox does not have to be open for an officer to get into it legally.

If anyone is in the car on probation or parole, an officer can search the prabationer and anywhere in the car within arms reach.

For the guy who got busted in this thread, you are lucky you only got charged with possession felonies. You could have been hit with Transport. I think the code on that is HS11360 and HS11379

This is BLM land.. Don't forget Geo. BUSH took the lid off legal search.. BLM stops you and your ass is grass.. Same thing going through the resarvation..

You may be right and I wont depute it. I am speaking on the grounds of CA law. I know it varies a little state to state but with our First fourteen amendments, it is covered under unreasonable search laws.

[LLQchasm]

This is BLM land.. Don't forget Geo. BUSH took the lid off legal search.. BLM stops you and your ass is grass.. Same thing going through the resarvation..

What is the legal source for this? There should be a law you can point to, otherwise it falls under the "probable cause" case. If it was the case that they could do it without asking permission, then why do they ask permission to do a search? This makes no sense. Someone on parole is an entirely different matter...

[unjonharley]

This is BLM land.. Don't forget Geo. BUSH took the lid off legal search.. BLM stops you and your ass is grass.. Same thing going through the resarvation..

What is the legal source for this? There should be a law you can point to, otherwise it falls under the "probable cause" case. If it was the case that they could do it without asking permission, then why do they ask permission to do a search? This makes no sense. Someone on parole is an entirely different matter...

GW through the constition out.. You no longer are protect from unreasonable sarch by federal agents ie Indian police, blm, atf,fbi and so on Oh!TSA

[LLQchasm]

Cite your sources. Where's the legal fine print? I haven't seen it and if it is the case then why do they still ask for permission to search?

The numbers of police officers who have been killed in the line of duty are at a record high right now, especially in just this past month.

[unjonharley]

Cite your sources. Where's the legal fine print? I haven't seen it and if it is the case then why do they still ask for permission to search?

The numbers of police officers who have been killed in the line of duty are at a record high right now, especially in just this past month.

WHAT you been living under a rock?? This happened six years ago.. Not only can you be searched by a fed you can be torchered to say what they want to hear.. You should stay up with the times.. You have no right in the country.. You are not free.. BUsh and dirty Dick took that all away..(spelling please) Have ever heard of the P a tre ot Act??

[LLQchasm]

Cite your sources. Where's the legal fine print? I haven't seen it and if it is the case then why do they still ask for permission to search?

The numbers of police officers who have been killed in the line of duty are at a record high right now, especially in just this past month.

WHAT you been living under a rock?? This happened six years ago.. Not only can you be searched by a fed you can be torchered to say what they want to hear.. You should stay up with the times.. You have no right in the country.. You are not free.. BUsh and dirty Dick took that all away..

Again I ask you to cite your sources. Everybody knows the news media lies. I'm not saying that there aren't bad cops or that there haven't been changes, but I prefer exact statements about law, not hearsay based on rumour and innuendo.

If you aren't a lawyer, then at least point out some cases where there has been abuse. If you're right, I'll stand by you and shoot the next cop who trods upon my right to the 4th amendment. Thomas Jefferson said that in order to keep liberty fresh, the blood of each generation must be spilt. We've been long overdue. There are no guarantees in life and it is no surprise that the tide of fascism has been rising in this country, but the last time I was pulled over, they asked permission, I said no and that was the end of it. That was 4 months ago.

[unjonharley]

Cite your sources. Where's the legal fine print? I haven't seen it and if it is the case then why do they still ask for permission to search?

The numbers of police officers who have been killed in the line of duty are at a record high right now, especially in just this past month.

WHAT you been living under a rock?? This happened six years ago.. Not only can you be searched by a fed you can be torchered to say what they want to hear.. You should stay up with the times.. You have no right in the country.. You are not free.. BUsh and dirty Dick took that all away..

Again I ask you to cite your sources. Everybody knows the news media lies. I'm not saying that there aren't bad cops or that there haven't been changes, but I prefer exact statements about law, not hearsay based on rumour and innuendo.

If you aren't a lawyer, then at least point out some cases where there has been abuse. If you're right, I'll stand by you and shoot the next cop who trods upon my right to the 4th amendment. Thomas Jefferson said that in order to keep liberty fresh, the blood of each generation must be spilt. We've been long overdue. There are no guarantees in life and it is no surprise that the tide of fascism has been rising in this country, but the last time I was pulled over, they asked permission, I said no and that was the end of it. That was 4 months ago.

Go back and look at the last of my last post.. Some how you croped it from the quote..

[sacramentogames]

A peace officer only has the right to look in your glove box and that's where it ends.

Technically that's only true if the glove compartment is open. They can't look at anything that is not in plain view without permission. They have to have probable cause. That hasn't stopped dirty cops, but a dirty cop might not even bother to ask.

They can look in your glove box and anywhere in plain view. The glove box does not have to be open for an officer to get into it legally.

If anyone is in the car on probation or parole, an officer can search the probationer and anywhere in the car within arms reach.

For the guy who got busted in this thread, you are lucky you only got charged with possession felonies. You could have been hit with Transport. I think the code on that is HS11360 and HS11379

This is BLM land.. Don't forget Geo. BUSH took the lid off legal search.. BLM stops you and your ass is grass.. Same thing going through the resarvation..

Wow. I think you need a little more education on what you are talking about and I will gladly help you with this. First, Bush did not write laws in regards to search and seizure nor did he sign any law to take those rights away. I am not a Bush fan but I like to keep facts straight.

The law is the law. You may run into a peace officer that is not following procedures. Any information I give you is coming directly out of a textbook from POST (Peace Officer Standards and Training).

If we go by the letter of the law, a peace officer MAY NOT go into your pockets nor go into your vehicle (other than glove box) without your permission. Otherwise he is acting in the color of the law (done in violation of the law). The reason an officer will ask for your consent over and over is because you have the legal right to say NO. A judge will not in his right mind give a search warrant to an officer UNLESS he a reason to believe a crime has been committed and he better be able to articulate it in his request for the warrant.

If an officer asks to talk to you, you have the right to walk away unless he has reason to believe a crime has just been committed. If an officer says , "can I talk to you for a moment?"(consensual encounter), you may say no and walk away. If he says "come here and talk to me" or "I want to talk to you" and you do not feel you are free to walk away, you are now being temporarily detained. At this point he better have reason to believe you have committed a crime (probable cause) or you can talk to your attorney for possible civil action against this officer.

The rules are not different on Federal land.

As for Indian Reservation, I have absolutely no idea. I would have to do research on that one.

Everything I have said above are FACTS. The first part of the Fourth Amendment deals with the right of the people to unreasonable searches and seizures. The second part defines procedures officers must follow when obtaining a warrant.

To the person who made a crack at Feds: Now as for Feds doing whatever they want (TSA), You are probably in an airport or at a train station. You give up rights in search and seizure law when you decide to fly. If you are the guy that pisses and moans about it at the airport then I have a wonderful suggestion to you: DRIVE DON'T FLY!

I get searched at airports quite a bit. I thank each and every one of them for making our airplanes safe. TSA Does not get a boner searching you. By not cooperating with the agent, you are going to make it difficult for everyone and hopefully they can hold you up long enough for you to miss your flight. You will catch more flies with honey than you will with vinegar.

[unjonharley]

Sgame,

The Patriot Act.. signed by G. W. Bush throws the constition out the window..

It gives the law inforcement the right to to kick you door in and search you and your for any reason.. Resist and you can be put in Getmo for years without trial..

[sacramentogames]

Sgame,

The Patriot Act.. signed by G. W. Bush throws the constition out the window..

It gives the law inforcement the right to to kick you door in and search you and your for any reason.. Resist and you can be put in Getmo for years without trial..

Im not sure what movies you are watching or what science fiction book you are reading.

The Patriot Act was put into place for "Anti-terrorism". The law was put to place for public transportation and to protect our borders. If an officer at BM goes into your pocket under the "Patriot Act" and even if he finds a bag of E-pills (for conversation sake), the evidence found in your pocket will be thrown out in court. The officer did not have a legal right to be there. Furthermore, that officer can be looking at civil and criminal action against him. He would have to prove he thought you were going to do an act of terror to use the "Patriot Act" as his defense.

[LLQchasm]

Sgame,

The Patriot Act.. signed by G. W. Bush throws the constition out the window..

It gives the law inforcement the right to to kick you door in and search you and your for any reason.. Resist and you can be put in Getmo for years without trial..

What would any reason be?

For some reason the officer who pulled me over 4 months ago did not use the patriot act and asked permission to do a search. If they could have used it, then why did he ask permission? Just dealing with facts here. There must be some provision in the Patriot Act that specifies when this can be used and when it can't. If they started using this on everybody, Gitmo will get crowded and there would be an uprising.

I'm not in favor of this fascist crap either and personally I say to hell with airline safety. But I don't fly anywhere, so I think it's better to let those who fly decide whether they want to put up with unreasonable searches. If you all stayed home instead of flying, I'm pretty sure that would change the traffic dynamics at the airports, prices, etc...

[unjonharley]

Mcarthyism was brought back to life with the Patriot Act..

You are there, Therefore you are suspect..

Random stops on the way into Burning Man 2010. Promission denighed to search was ansewered with.. Ok But your not going anywhere until you give permission.. Your not even going to go take a leak..

On the way to Market show in Reno.. Stopped for fitting a profile.. Given permission to search the truck.. 1k of new glass bongs removed from there package and smashed against rocks in the search.. Taken in.. Pee or stay until you do.. + test.. Had a hit two states away a day ago.. Arrested.. This was one of my kids..

Go to Walmart.. You don't look like grannies fair haired boy.. She tells the clerk.. The clerk calls it in.. You will be detained and searched.. Two months ago WalMart made a deal with Homeland to do this..

Disabled Vet (Grand father) go's to the airport.. This makes him a suspect just walking in the door.. He is taken (by wheelchair) to a search area.. He must remove his pants so they can bomb sniff his knee brace.. He is detained even more.. Cuz he took to much time trying to stand up and remove his pants..

You can eat there sugar coat if you want. But you have no rights.. You are not free..

[Sic Pup]

Well at least they haven't shut down the interwebs yet.

[unjonharley]

Well at least they haven't shut down the interwebs yet.

Hell no That's how they keep an eye on you..

If you post anything with one of there key words on it. The feds reads it.. Good thng is they are months bhind on reading posts..

[LLQchasm]

Mcarthyism was brought back to life with the Patriot Act..

You are there, Therefore you are suspect..

Random stops on the way into Burning Man 2010. Promission denighed to search was ansewered with.. Ok But your not going anywhere until you give permission.. Your not even going to go take a leak..

On the way to Market show in Reno.. Stopped for fitting a profile.. Given permission to search the truck.. 1k of new glass bongs removed from there package and smashed against rocks in the search.. Taken in.. Pee or stay until you do.. + test.. Had a hit two states away a day ago.. Arrested.. This was one of my kids..

Go to Walmart.. You don't look like grannies fair haired boy.. She tells the clerk.. The clerk calls it in.. You will be detained and searched.. Two months ago WalMart made a deal with Homeland to do this..

Disabled Vet (Grand father) go's to the airport.. This makes him a suspect just walking in the door.. He is taken (by wheelchair) to a search area.. He must remove his pants so they can bomb sniff his knee brace.. He is detained even more.. Cuz he took to much time trying to stand up and remove his pants..

You can eat there sugar coat if you want. But you have no rights.. You are not free..

Then do something about it. Bring a hidden camcorder that instantly archives video of police activity on the internet, facebook, twitter, etc as soon as the photons hit the lens so that when dirty cops try to take the camera to hide what they are doing they are caught anyway. Why is it that when I hear this sh*t, nobody does anything, especially when you have strength in numbers at BRC. A few hundred cops don't stand a chance against an angry mob of 50,000+. I never see this sh*t, but then I look like Lou Ferrigno (former power lifter) which is probably a deterrent to misbehavior.

There was a guy who flew a plane into an IRS building in Austin last Feb (Joe Stack). He shut em up but good, but the media labeled him an insane person. His manifesto (if you can still find it online) is an excellent read and definitely not the words of an insane individual. The IRS just kept screwing with him so much, stealing most of what he earned that he finally had enough and did the ultimate kamikaze just like the japs did in Pearl Harbor. Maybe it's why I've been hearing that cops are dying in record numbers because of this fascist BS.

Take action. Whining isn't going to do any good. BRC is not a spectator haven so get involved.

[sacramentogames]

Mcarthyism was brought back to life with the Patriot Act..

You are there, Therefore you are suspect..

Random stops on the way into Burning Man 2010. Promission denighed to search was ansewered with.. Ok But your not going anywhere until you give permission.. Your not even going to go take a leak..

On the way to Market show in Reno.. Stopped for fitting a profile.. Given permission to search the truck.. 1k of new glass bongs removed from there package and smashed against rocks in the search.. Taken in.. Pee or stay until you do.. + test.. Had a hit two states away a day ago.. Arrested.. This was one of my kids..

Go to Walmart.. You don't look like grannies fair haired boy.. She tells the clerk.. The clerk calls it in.. You will be detained and searched.. Two months ago WalMart made a deal with Homeland to do this..

Disabled Vet (Grand father) go's to the airport.. This makes him a suspect just walking in the door.. He is taken (by wheelchair) to a search area.. He must remove his pants so they can bomb sniff his knee brace.. He is detained even more.. Cuz he took to much time trying to stand up and remove his pants..

You can eat there sugar coat if you want. But you have no rights.. You are not free..

You should not have given permission to get into the truck. If they find it to be contraband then they can remove it. If it is not contraband and the do the damage you said they did, they become liable for all damages plus they can be held civilly liable for the unlawful detainment.

Don't bitch when they find illegal items in your vehicle after you give consent. Even if you have one joint in your vehicle, you can be sited for a misdemeanor for the joint AND you can also be arrested for transport of illegal drugs.

Old man in a wheelchair defense. Did you know that there are people strapping drugs and weapons onto small kids? They found a 44 mag hidden in a kids stuffed animal recently. Who is to say an old man isn't on his last days and says "fuck it" and blows up a plane? This is an excellent example that they do not discriminate.

Everyone who flys should be subject to search and everyone should be treated with RESPECT AND DIGNITY during their search.

There is no country in the world with the freedom we have here. I have been all over the world and there is no better place I would rather live. If you truly feel you are being held here in this un forsaken place you describe as hell, then you should go spend some time in a communist country for a year and get back to us and let us know how it went. I'm sure you will be able to go to china and tell everyone what you really think. Lets see how long that lasts.

If you really think everyone is out to get you, you should have your doctor take a look to make sure you are not schizophrenic.

[lucky420]

I don't know Canada sounds pretty nice....

[sacramentogames]

I don't know Canada sounds pretty nice....

Canada is an amazing place. Loved it there. You should go to Vancouver or Victoria

[LLQchasm]

There is no country in the world with the freedom we have here.

I wouldn't go that far. Denmark definitely has a lot more freedom than the USA last time I was there, but it ain't the worst hellhole either...

[unjonharley]

Ya Ya,

I was young and tilted at wind mills..

Now I'm very old and have learned

Most people are like the jews that marched to the gas under the eye of a few guard.. Some that didn't charge the fence and stayed in the background lived to whine about it for 60 years..

Court cases have been won.. So the profiling rule have changed.. They can only profile WASP