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hey kibun i have a question

    Wed, 2008-03-26 11:27 — lucifer_z28

    this is an interesting instance that a friend of a friend of mine my friend (acquaintance) was driving along and he gets pulled over for something stupid (maybe liscence plate light but dont know exactly) and the cop smells pot on him/in the car. so the cop proceeds to tell him this elaborate story about how he used to be a stoner and if he just has a lil pot he doesnt care just give it to him and he would throw it out. so my friend gives him the herb (only like 2-3 grams) and then the cop tells him to get out of the car and that he is under arrest for possesion of marijuanna. so im pretty sure that this isnt proper procedure and could be considered entrapment, im not a lawyer but i do know a decent amount about law and am pretty sure that what the cop did was against my friends rights... what is your opinion on this whole thing kibun...

    KibunInc's picture

    I see you are in Illinois and not California. in California that would have only been a citation not an arrestable offense but to answer you question:

    The courts have ruled that Officers can lie to people when conducting an investigation. The Officer can lie to your friend in order to get him to give up something (In this case Marijuana) that the Officer otherwise may not have been able to search for. If you ever watch shows like "The new Detectives" "Cold case files" or "Investigation" style shows they will show Officers lying to suspects in order to get them to talk. This is allowed but Officers can not lie when it comes to court.

    With that said it is a shame that the Officer used this technique. If I give my word to someone then I keep it. As a result your friend will now tell all of his friends not to trust the Police or ever talk to them. This can be a problem for Police at a later time.

    I do not mind lying to a gangster in order to get a confession on a shooting but not on something so minor as weed.

    Sorry but what the Officer did is legal and fully allowable in court.

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    KibunInc's picture

    Hmmmm interesting question. Medical marijuana is illegal. The State says it is ok and the Feds say it is not. The law says no local ordinace can superseed federal law.

    So here goes. If I catch a person with weed and he has a card then I will confiscate the weed and issue him a citation. He can go to court and argue that he has a right to have the weed. See first paragraph for answer to the outcome in court. :)

    Regarding places that sell medical marijuana. They were all raided a few months ago and sht down by federal agents. I do not know if they have reopened as of this time.

    As Officers we were told that we enforce state laws and the feds enforce federal laws. That is why most agencies did not raid the locations.

    I personally think that marijuana will be legal one day. Until then we have to enforce the laws. It is already borderline legal with it being only a citation for possession of less than one ounce. The medical marijuana debate moved it one step closer to being legal.

    I have no problem with a person who is dying of cancer smoking a joint if it makes them feel better. The problem is that most of these places were prescribing it to anyone who had any pain. This ment that almost anyone who wanted it (Semi legally) could go to a (pro marijuana) physician and get it prescribed to them. What happened is these stoners were getting it prescribed so easily that the goverment realized that the marijuana was not only being used by people dying of some medical problem. This brought attention to the issue and the goverment stepped in and shut it down.

    Only the future will answer what will happen but unitl then 11357(b) H&S is still a code on the law books and will be enoforced. :cool:

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    lucifer_z28's picture

    actually i moved to Northwest indiana and the marijuanna laws are even stiffer here... and about the not trusting cops thing you cant, from my experiences many of the people who become cops do so for the wrong reasons, and the ones who do are typically power hungry deuche bags that have there heads so far up there arses its hard to beleive they can breathe.also many cops are on some super hero movement to save the world and they go around harassing the youth and pushing people to not like the i go to bjj with and hang out with some cops and they are verry nice respectable people that are trying to contribute to society, the only problem is that a large portion of cops are idiots so you never know what type they will be, so unless i know them personally i do not trust nor like them. now dont get me wrong i appreciate most of what police do, but if someone isnt looking for trouble i dont beleive the cops should try to start trouble, instead of protecting and serving many police only try to coerce,harass and bust.

    ps kibun i like you, im just venting about the flaws with our law enforcement.

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    KibunInc's picture

    Damnnn thanks for the PS at the end...:eek:

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    DeltaSigChi4's picture

    Reading this thread just now [obviously].

    I hope you don't mind [Kibun], if I post this:


    Lucifer, have your friend watch the above video in it's entirety. You need to watch is as well. How to exercise your constitutional rights during encounters with police.


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    KibunInc's picture

    LMAO :D

    I got a kick out of these videos. If you have any more post them here. The videos were not entirely correct at least by Cali Law. In the first video the cop said that going 20 mph over the speed limit is an arrestable offense. In Cali it is not but doing over 100 mph or reckless operation of a vehicle is. Lets say for arguement sake that the law says over 20 MPH is an arrestable offense like the video shows. I simply arrest the driver and impound the vehicle. During an impound search the MJ is found and the charges go against the driver of the vehicle. I have the right to impound a car if the driver is going to jail. The driver does not have the right to leave his vehicle with another person in the car.

    I did find the videos funny as they keep a disclaimer of saying check your local state laws, as each state is different. I did like how the video said to be respectful to the Police.

    I am not a big fan of the ACLU so I am not surprised by this video. Everyone has their rights and I am all for people exercising their rights.

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    DeltaSigChi4's picture

    Well, I'm glad you are not offended with my posting that. I myself am a card-carrying ACLU member, as well as someone who is seeking a slot in a police academy. I feel the organisation [ACLU] does plenty to defend the U.S. Constitution, and as someone who served in the U.S. military, I always maintained my oath to defend our Constitution.

    The part [traffic stop] where the officer claims that it is an arrestable offence to be driving X amount of miles over the speed limit is intended to be just another lie that the officer was telling the kid to try to intimidate him into waiving his Constitutionally guaranteed rights. In Hawai'i, I do believe they do have state laws where it is a relatively short difference between the maximum allowed speed limit and wreckless driving or whatever they deem 15 or 20 miles over the ridiculously low 55MPH to be where it becomes an "arrestable" offence. Each state has different laws, so they do encourage people to contact their local ACLU offices for more germane legal advice.


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    KibunInc's picture

    It is all good. If you have any questions about Police work feel free to post them here. Going to be a Police Officer can be rewarding but you may feel a little differnet by the ACLU after a few years. They do alot of good in this country but they sometimes back groups that are a legtimate problem because that group works the proper angle. I remember years ago the neo nazi's used the ACLU to get them the right to march in a city. They won the right march and push their agenda or hatred against other citizens of this country.

    Either way good luck with everything.

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