User Panel
Posted: 1/14/2006 4:26:38 PM EDT
The other night (3am) I was driving by this meth dealer's house. There was a meth cooks car in the driveway and another car in the street.
I noticed the drivers seat was reclined on the car in the street and it had expired reg, so i looked in the window and saw a tweeker (6'2" 145#) trying to make himself invisable. I asked him why he was there and he gave me a BS story about being on his way home and decided to stop and take a nap. even though he was on a side street no where near any route that would take him home. While I'm talking to him i see he has the cup holder filled with .22short ammo, a ski mask peaking out from under his seat and an empty handgun holster on the floor on the passengers side. So i detain him for the expired reg and do a limited terry frisk of him and the vehicle. Find one FRS radio, flashlight, mid sized screwdriver, thin cotton gloves, loose 38 ammo in the map pocket and 45 ammo in his pocket. The holster looks like its for a midsized semi auto. So i'm figuring he's got a little Berretta 950BS somewhere, plus a revolver and a 45pistol. But they are not on him or in the passengers area of the car. So no dice. He claims the ammo is from when he goes target shooting and the ski mask is becuase its cold where he goes target shooting. Run him out and he has no handguns registered to him (required in most instances in my state) and a bunch of prior meth arrests. He knew i had nothing. Presumably he was either muscle for the dealers, or his crime partner was in the house with the gun(s) and they are doing some robberies. But when you got nothing you got nothing. See you later sir, have a nice night. I wonder if there is a "i got stopped by the cops the other night" thread on ASSweb? FWIW I could have made a weak possession of burglary tools case out of it but I knew it would have been less than a slam dunk so i had to let him go. |
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what the hell is that? |
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I wonder what you will be bashed for first - your jackbootedthuggery, or the fact that you let an obvious criminal go. |
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what ever the cop wants it to be. if youve got your tool box, then its your ass. you may beat the rap, but you wont beat the ride. |
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Some one will say he was a JBT who crossed the line and there fore had to let the person go.
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Damned if ya do, damned if ya don't! |
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what the hell is that? In my state we have a misdemanor offense for possession of certain items with the intent to commit theft or burglary. Its a specific intent crime meaning you need an admission or the totality of the circumstances would have to convince a reasonable person that the items were possessed for that reason. For example my last burg tools conviction was a convicted burglar found dressed in all dark clothing, carrying a stun gun and professional lock pick set in an apartment complex at 4AM with no explaination for what he was doing was there. |
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What makes you think he was a criminal? |
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In Fla., it's
I want to know what a "meth cooks car" is. |
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a car registered to someone who i have arrested (and convicted) three times for manufacturing methamphetamine. |
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how long do they go to jail for that shit, three times and he's out again? |
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Ah. I was imagining maybe a '73 Duster with the back seat removed, tin foil taped to the windows, and a complete rolling lab in the back floorboard/trunk area. |
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first offense he got 3 years probation. Second offense he got 90 days jail (served 31). Third offense he got 16 months state prison, paroled after 10. He will get 3 years state next time he's convicted, and parole in 18 months. |
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In my limited knowledge of law enforcement, and how I think things SHOULD work, I would say you did just fine. Expired tags, suspicious behavior: good to go. It would have probably been better if he had had something you could bust him on, since he probably was a dirtbag, but you did the right thing.
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MMMM, Did he have a dog? You know we always shoot the dog! In before the liberals accuse you of it...
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Are meth arrests in CA felonies or misdemeanors?
If he is a drug related felon, then is being in possession of ammo illegal? Sorry I don't know the laws in CA. |
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Wobbler, usually prosecuted as a midemeanor. After completion of an 18 or 36 month drug diversion program the arrests are dismissed. Subsequent arrests are expected as relapses are part of the "recovery" process and dont result in new convictions. |
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Since when is expired registration "nothing". You could have pinched him and hooked the vehicle. And in doing so, perform and inventory of the contents of the car. Of course anything found during and inventory is fair game. |
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Thats why you should always have a throw away gun, you shouldve shot the scum dead and placed a hot jennings in his lap.
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I guess getting into the car and waiting for his buddy was out of the question huh?
I think the world would be a better place if you just shot him in the face and blamed the meth heads. |
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In my state the reg must be expired over 6 months to tow. I could have ticketed him for the expired reg, but its a $10.00 fix it ticket. i would rather he drives around with the tabs expired so i have PC to stop next time he's in town than "fine" him $10.00. |
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That's gotta give an officer a real feeling of accomplishment. You should put a memo in the suggestion box:
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In my previos assignment we would have set up surveiliance on him and followed him for a couple days until he committed serious felony in our presence (cathing them leaving a burglary or robbery holding the bag is fun). but I'm back in a black and white now and dont have time for that kind of investigation between report calls. |
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It becomes arrestable at 4 mos + 1 day here. |
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I know what this says to me, that meth is still not being taken seriously enough. First offense should be more like 90 days, 2nd, 5 years and 3rd, a third strike, see you later. |
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Genius! |
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I have accepted the fact that I must arrest a tweeker 3 times with meth withen 18 months if i want to even get him on probation. No point in worrying about what i cant change. Once they are on probation then the charges start adding up. once they get 12 or 15 cases against them they will give up on "diversion" and get some jail time. |
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I'm guessing the ski hat was the burglary tool. |
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I hound the new guys constantly about fix it tickets. They are counter productive to effective policing. Does a decent person need a fix it ticket to repair their car? No, a simple warning will suffice and the driver will likely thank you for letting them know about the b/o tail lamp or whatever. if they are a scumbag, forcing them to maintain their car simply makes it harder to catch them in the future. So why write fix it tickets? |
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Totality of the circumstances; skimask, thin cloth gloves (It was 70 degrees that day), screwdriver, flashlight, radio, time of day, location, statements... Note I let him go becuase it wasnt enough. BTW: I have never seen a skier wearing a "ski" mask. BATF agents, yes. skiers, no. |
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University cops charged me with that. They confiscated a Dremel mototool, and screwdrivers, wrenches, pliars, etc. "possession of burglars tools". I lived in a dorm, and there were no dorms that were broken into. They couldn't prove intent, or that a crime was committed with the tools. Charge was finally dropped. I never saw the tools again. |
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When I first started prosecuting, a car thief was not eligible for a state prison sentence until either his 13th or 16th conviction (my memory is fading). There were similar absurdities all the way through the criminal code. It was truly depressing. It was also deliberate. The legislature didn't want to build prisons, so they imposed sentencing guidelines that could have been written by the ACLU, and on top of that slathered on Good Time, Gain Time, some kind of emergency early release whenever the population hit ~97% of capacity [seriously - a dirtbag could wake up one day to find 30 days knocked off his sentence, and get up the next day with a gift of 10 more] and then an unsupervised parole system called "Controlled Release." At one point people were doing 87 days on a 13 month sentence and 5 months on 2 years. It was a nightmare. |
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I don't see anything wrong, and too bad the guy couldn't be taken to jail. He raised enough suspicion to warrant investigating. That's a world of difference between stopping people on the road trying to go home.
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Possible charges:
Aggravated Hibachery Pernicious Mopery Loitering with Intent to Mope and Creep Public Inhalation Gross Inpulchritude. A creative officer will always look to the Common Law in circumstances like those described by ARfan. |
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Ugly in public Contempt of cop Fucking with the sheriff Theft of oxygen |
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What, you didn't taser him? Farkin' benchresters. |
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We often called crimes by acronyms - DI (disorderly intoxication), BOLEO (battery on a LEO), et c. I once had a young prosecutor ask me the statute # for "POP" (pee oh pee), He didn't know what it was, but an investigator had read the arrest docket and told the lad that although the D was arrested for Loitering and Prowling, what he'd actually committed was POP. The kid wanted to charge the guy correctly. "POP" is "Pissed Off the POlice." |
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Maybe I'm wrong here but aren't all meth busts felonies? If so isn't possession of ammo by convicted felon the same as if he was holding a gun? Ten years I believe. |
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Sound like it was the right thing to do. To bad you couldn’t find anything significant. |
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This is the problem. 3 times? Deport him. |
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Spoken like a true thug. |
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Jesus Christ, You wanna kill people for using drugs? WTF? ETA I should have known better when you mentioned that 3 strikes crap. You're from the land of fruits and nuts. |
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falaholic1....I agree with you....I don't see anything wrong with how this went down....I also think this guy was guilty as hell and I wish he could've been arrested........... This is called fighting crime and harrassing criminals...........I just hate it when they harrass everyday law abiding citizens.......... GhostCat |
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Everyone involved in this incident was a white US national. |
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He had no felonies, even though he has had multiple arrests related to meth?
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Damn you're losing your Jack Booted edge.
Thanks for letting me go! |
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Damn you're losing your Jack Booted edge.
Thanks for letting me go! |
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Well a terry frisk is limited to weapon withen reach of the driver, generally meaning the passengers compartment. So i couldnt look inthe trunk or in any closed containier too small to hold a firearm. He might have had something. But nothing i could find in the limited scope of a terry frisk. |
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Hardly. It is a very good thing to "Al Capone" a known dirtbag sitting on a Universal Robbery and Burglary Kit. |
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