Writes 51 "other charges"

1 DWI

http://www.wral.com/news/news_briefs/story/11103633/

5/15/2012 3:19:48 PM

Breaks law

Cries on internet

5/15/2012 3:21:31 PM

Quote :

"one for possession of moonshine."

5/15/2012 3:21:49 PM

I wasn't aware it was illegal to possess moonshine, only to manufacture it in any quantity. I guess open container could be used, but then it would just say that... Weird.

5/15/2012 3:22:55 PM

^

5/15/2012 3:23:02 PM

According to the article, they found 10 kilograms of cocaine worth 1 million dollars...that is some reallllly expensive cocaine

5/15/2012 3:26:20 PM

What is the significance of the 5 hour energy drinks & a blackberry curve?

5/15/2012 3:27:57 PM

lol how much does cocaine usually go for?

5/15/2012 3:28:24 PM

I dont know but I hear its a helluva drug.

5/15/2012 3:28:58 PM

Don't get caught with those 4 hour energy drinks^^^

5/15/2012 3:29:22 PM

Quote :

"Deputies said they found 10 kilograms of cocaine hidden inside the car's doors during the checkpoint on U.S. Highway 70 in Princeton."

If that stuff was "hidden" there is no way it would have been discovered during a DWI checkpoint. My guess is these are some stupid freaking people.

5/15/2012 3:31:14 PM

that's worth a mil?



that's one large duffel bag or the space in the spare tire compartment..

i don't know much about valuations in this industry, but either that estimate is way inflated (even if its the purest of stuff), or the stuff really is worth that or something close to it - making the war unwinnable. ..im sure its a bit of both

5/15/2012 3:32:28 PM

Quote :

"If that stuff was "hidden" there is no way it would have been discovered during a DWI checkpoint. My guess is these are some stupid freaking people."

Most of the time cops find things "hidden" in cars, it's because the driver gave the cops permission to search.

5/15/2012 3:32:41 PM

"dwi" checkpoint

More like Iranian/Pakistani Military Checkpoint Amirite?

5/15/2012 3:32:44 PM

That amount of coke could easily be worth well over a mil, depending on the purity.

5/15/2012 3:34:17 PM

Quote :

"Daniel Rabiela Gonzalez, 33, and Everardo Rabiela, 29, both of Auburn, Ga., were charged with trafficking cocaine"

sounds about right

5/15/2012 3:36:24 PM

you step on it enough it could be 2

5/15/2012 3:37:08 PM

Quote :

"one for possesion of moonshine."

5/15/2012 3:52:08 PM

comes to $100/g which is expensive but not for the really good shit. most likely the police just use the nice round number of 100/g to estimate rather than something like 60/g

I, too, would like to know how they found it in the door, my guess is the two were maybe visibly fucked up

[Edited on May 15, 2012 at 4:18 PM. Reason : .]

5/15/2012 4:18:45 PM

or they had previous convictions warranting a no cause search

[Edited on May 15, 2012 at 4:21 PM. Reason : and maybe they had a dog on site? who knows]

5/15/2012 4:20:37 PM

wow, I didnt know that existed

5/15/2012 4:21:38 PM

oh yeah- if you've been busted for certain things, they can search you just for walking down the street... i think like probation, it expires eventually, but it is a thing

5/15/2012 4:23:09 PM

Or they gave them permission. Seriously, I've read studies showing that anywhere from 72-98% of searches are "consent searches".

5/15/2012 4:23:45 PM

well how many times do they say, "if you don't let me search now, I'll just get a warrant and bring in the dogs" - if I were told that and were holding something stashed, I'd rather take my chances that they just miss it (I know plenty of people who have had it be missed)



haha and for the search clause thing, I've heard of someone being busted for weed in their car because they had a passenger who had the search clause (even though they don't and it is their car)

5/15/2012 4:25:41 PM

I'm sure that the report will say that the officer "detected the smell of marijuana and noted that the driver's eyes were glassy".

5/15/2012 4:26:44 PM

Quote :

"well how many times do they say, "if you don't let me search now, I'll just get a warrant and bring in the dogs""

"go ahead, i'll wait."

5/15/2012 4:27:09 PM

Quote :

" "if you don't let me search now, I'll just get a warrant and bring in the dogs""

You really don't have to wait for them to bring out dogs. At any time, you can ask if you are free to leave. They can't detain you without probable cause. If they tell you that you can't leave, that's an "arrest" and it'll mess up their case against you if they arrest you without cause.



[Edited on May 15, 2012 at 4:29 PM. Reason : ps: please don't ever give the cops permission to search you, your criminal attorney thanks you.]

5/15/2012 4:28:22 PM

Quote :

"or they had previous convictions warranting a no cause search"

Lol wut?


People on probation who have "submit to any search by any law enforcement officer" isn't that simple. You still must have evidence of a crime in NC and its prudent to get permission from their P.O. Not everything a judges rules complies w/ state law.

5/15/2012 4:39:40 PM

Quote :

"You really don't have to wait for them to bring out dogs. At any time, you can ask if you are free to leave. They can't detain you without probable cause. If they tell you that you can't leave, that's an "arrest" and it'll mess up their case against you if they arrest you without cause."

Yes you can. Its called an investigative detention, like when an officer asks you step out of your car to do field sobriety tests.

5/15/2012 4:41:41 PM

It has to be reasonable. IF the dogs are 5 minutes away, reasonable. 30 minutes away, not reasonable.

And you can't do field sobriety tests without probable cause either... hence, the whole detention necessitates cause.

5/15/2012 4:48:14 PM

You need to look up the difference between reasonable suspicion and probable cause.

Driving down the road, crossing the fog line and its 3 a.m. and I stop you - Reasonable Suspicion

You have the odor of alcohol, red, glassy eyes and I ask you step out to do field sobriety tests. - Reasonable Suspicion

You don't perform them as instructed and you are arrested - Probable Cause

I stop you and there is an odor of marijuana so I search your car - Probable Cause

Quote :

"It has to be reasonable. IF the dogs are 5 minutes away, reasonable. 30 minutes away, not reasonable."

If I have Reasonable Suspicion to detain you, it doesn't matter how far away the dog is. The courts have upheld this time and time again. You have to give time to notify the K9 unit and respond or get one from another county, etc, etc as long as you have Reasonable Suspicion.

Now if you just want to run the dog around the car because its a hunch, you can't prolong the stop. But hunches aren't worth shit and you are wasting time if you can't put 2 and 2 together.

I need my own thread again to dispel LE myths.

5/15/2012 5:00:56 PM

If you get stopped and the cop says that there is still a chance there is no dog on duty. They still say it even if they know there is no dog on duty.

5/15/2012 5:13:00 PM

Don't quite follow what you are saying.

But if you have PC to search the car (odor, plain sight) why call a dog? You got the car. You should only be calling the dog if you can articulate a sniff (which is not a search, btw) based on training and experience such as rental vehicle coming from a source city, driven by a know drug dealer, who is giving you inconsistent or implausible travel plans and exhibiting signs of extreme nervousness (just an example) of why you might detain the car for a sniff.

5/15/2012 5:18:21 PM

Question: The courts have ruled that DWI checkpoints are constitutional, but they have ruled that drug checkpoints are not constitutional.

If the police are doing DWI checkpoints and only making 1 DWI charge of 51 other charges how are they following the law?

5/15/2012 5:25:02 PM

You can also decline a field sobriety test with no legal ramifications. If you decline the breathalizer you lose your license. Don't do field sobriety tests, they're completely subjective.

5/15/2012 5:36:16 PM

There are a lot of regulations that have to be set up prior to conducting a checkpoint (so Barney Fife and his boys can't just starting them wherever they want). Some of the rules include the method of stopping cars (ever other car, every car, only commercial motor vehicles, etc) and what traffic violation they are looking for (seat belt use, DWI, license but operations plan will usually stipulate that the checkpoint will enforce all motor vehicle violations).

Since checkpoints will cover all motor vehicle violations, you roll up and hand the officer an ID card, they run your license and discover you have a warrant - you go to jail.

You come up to the checkpoint and there is an odor of marijuana -while not a traffic violation - is probable cause to search your car. But you must convey to the court that while checking for the drivers, seat belt use, impairment or license (which is your primary objective) you discovered the fruits of another crime.

5/15/2012 5:41:40 PM

Quote :

"they're completely subjective."

Actually, Standardized (the keyword) Field Sobriety Tests are quite objective and have been scientifically validated. I think the last study found that if administered properly, there is a 91% chance (I know) that the person BAC is 0.08 or higher.

Horizontal Gaze Nystagmus is completely objective as it can not be faked, and there are parameters against incorrectly detecting Nsytagmus.

5/15/2012 5:46:29 PM

whats the laws about checkpoint locations? I've noticed they usually use the same spots over and over. never a heavy residential zone or a 4 lane highway or anything like that

5/15/2012 5:46:53 PM

Quote :

"i don't know much about valuations in this industry, but either that estimate is way inflated (even if its the purest of stuff), or the stuff really is worth that or something close to it - making the war unwinnable. ..im sure its a bit of both"

Sure it's worth a million bucks...
After it passes through about a dozen more hands, gets cut 10+ times, and is sold on the street by the gram.

1 Kilo = 1000 Grams. It's not like these guys were personally going to make 10,000 sales to bring in $1,000,000 in revenue though.

It's like saying a Honda Civic is a $100,000 car because that's how much it would cost to build one from OEM parts at retail price. It's a big bust, no doubt, but what you see in the news is a numbers game to make it sound more sensational than it really is.

[Edited on May 15, 2012 at 5:54 PM. Reason : l]

5/15/2012 5:49:39 PM

You have to take those thing into consideration, how reasonable would it be to have cars going from 65+ on I-40 to a stand still for a checkpoint or on Western Blvd in the middle of rush hour traffic? If it is going to be called a DWI checkpoint, it must be clearly marked and an advertisement must be published about it.

5/15/2012 5:51:01 PM

Quote :

"Breaks law Cries on internet"

restricted comes in and drops professional knowledge

wolf webber continues to play dumb

[Edited on May 15, 2012 at 6:09 PM. Reason : r]

5/15/2012 6:05:56 PM

i drove through this.... it was quite the operation...

5/15/2012 6:33:23 PM

cops aren't lawyers

cops are trained to do their job and trick people into incriminating themselves

Restricted's viewpoint is interesting but is not the only one that matters ITT

5/15/2012 6:37:13 PM

Robert Welch predicted this in the 60s. End the police state end the fed. Ron Paul & Bill Stills 2016

I'm Krallum and I approved this message

5/15/2012 6:41:22 PM

Quote :

"cops aren't lawyers"

And lawyers aren't cops, yet so many lawyers argue laws/rules/concepts that don't exist. If I had a dollar for every time a lawyer asks for my probable cause for a stop /facepalm.

5/15/2012 6:48:29 PM

another cop that doesn't understand a lawyer's job

cool

5/15/2012 6:49:39 PM

Not to be a dick or anything...

but almost every lawyer I know claims cops follow "procedures" that 1) aren't entirely legal, and 2) they won't really share with the public, court, or anyone external to the police station.

[Edited on May 15, 2012 at 6:52 PM. Reason : f]

5/15/2012 6:52:15 PM

Quote :

"You have the odor of alcohol, red, glassy eyes and I ask you step out to do field sobriety tests. - Reasonable Suspicion "

basically a cop can say whatever and claim reasonable suspicion then? I got pulled over speeding on Wade Avenue on a Sunday afternoon and the cop made me blow because I smelled like alcohol hadn't had a drink since Friday. FTP

5/15/2012 6:57:52 PM

If I smell alcohol..you're getting a field sobriety test, no doubt about it.

but field sobriety tests are inconclusive at times. I've had people blow 0.00 and fail some of the tests...

[Edited on May 15, 2012 at 7:04 PM. Reason : yea]

5/15/2012 7:02:21 PM

Quote :

"but almost every lawyer I know claims cops follow "procedures" that 1) aren't entirely legal, and 2) they won't really share with the public, court, or anyone external to the police station."

This. I'm not saying Restricted doesn't do his job well, but I will say that just about anything falls under the umbrella of reasonable suspicion, and the cops out there know that. Regardless, they cannot detain you, unless you give them reason to, or they make shit up. So, your best best:

1. Do not consent to let them search your car.
2. If they ask you to wait until the search dogs arrive, say no.
3. If they tell you that you have to wait, ask if you are under arrest.
4. If they say you have to wait, call your lawyer. A lawyer will get there a whole lot faster than those dogs will.

^To follow that: Never consent to a field sobriety test. They're crap, and are worthless in a court of law. Any good attorney knows how to make them useless.
ONLY consent to a breathalyzer if you haven't had anything to drink in 24 hours.
If you have had something to drink, always ask for a witness of your choosing for a breathalyzer, and make them take you downtown for the test.

[Edited on May 15, 2012 at 7:04 PM. Reason : ]

[Edited on May 15, 2012 at 7:05 PM. Reason : ]

5/15/2012 7:03:09 PM