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Old 02-11-2009
 
#16
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Default Re: The overextending arm of the law

I am inclined to believe that the entire situation is warrantless. If their probable cause revolved around a photo, I suspect that a good lawyer could easily get the entire thing tossed out of court.
 
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Old 02-11-2009
 
#17
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Default Re: The overextending arm of the law

Well actually the probable cause isn't relevent, since Phelps can't be charged with anything they find in the house anyways. This house is a frat house located about 2 blocks from my old dorm, it's owned by the fraternity, so they will take all the heat (might lose certification). Whatever the cops find in the house, Phelps can't be charged with it since it's not his house and he can simply deny everything.
 
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Old 02-11-2009
 
#18
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Default Re: The overextending arm of the law

You guys are so dense as to make my jaw hurt.

All the cops have to do is gather up all the evidence they have on the frat boys, and sit on them. Tell them they're getting 10 years and a felony if they don't cooperate, and 200 hrs of community service and a misdemeanor if they snitch on Phelps. I guarantee you they will have a criminal case against Phelps on the table within 8 hours of bringing in that bunch of privileged collar-popping douchebags.

And regardless of whatever horseshit law you think you're practicing, a photo of you hitting a bong and twelve eye witness accounts that say it was marijuana, along with a marijuana bust at the same residence, isn't going to be dismissed by grabbing some fancy fucking lawyer that knows a rain dance.
 
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Old 02-11-2009
 
#19
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Default Re: The overextending arm of the law

I'd blame most of this on this part:

Quote:
Originally Posted by article
Sources say the owner of the bong was trying to sell it on eBay for as much as $100,000.
That right there probably got them all caught and gave the police more evidence than they needed. Some fucking idiot tried to sell drug paraphernalia on the internet, and this overzealous sheriff capitalized on it. A photograph of someone merely hitting a bong doesn't mean that they are smoking marijana, anymore than a photograph of someone smoking a cigar or a handrolled cigarette means that they are smoking marijuana.

I'm assuming what happened is the sheriff's department caught the idiot selling the bong, and then got him to roll on everyone else.
 

Last edited by Ghost; 02-11-2009 at 02:11 PM.
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Old 02-11-2009
 
#20
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Default Re: The overextending arm of the law

Coerced testimony? Brilliant!

The War on Drugs is and always has been a huge waste of taxpayer money.
 
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Old 02-11-2009
 
#21
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Default Re: The overextending arm of the law

That isn't coerced testimony.

But yes the war on drugs is a bad idea.
 
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Old 02-11-2009
 
#22
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Default Re: The overextending arm of the law

This just in, cooperation is coercion.

Next up, selling is extortion.
 
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Old 02-11-2009
 
#23
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Default Re: The overextending arm of the law

I kind of doubt that Phelps, having already confessed to the incident and apologized publicly, is going to try to hire a lawyer whose main defense for him will be that you can't definitively prove WHAT precisely he was smoking out of that bong.

All this talk of coerced testimony and probable cause is a misdirection from the point of bringing up the discussion: Is arresting Phelps, or even making any attempt to, in the public interest? Is it, really? Even under the premise that marijuana is a scourge of mankind, degrading the moral fabric of society, or whatever the fuck GA really thinks about potheads, is convicting Phelps really necessary to maintain law and order or a waste of tax dollars?

Call me a biased degenerate stoner, but something that I can't quite put my thumb on tells me that our collective unconscious will be okay if Phelps gets to keep his medals and his footnote in Olympic history, his good reputation, and his butt virginity.
 
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Old 02-11-2009
 
#24
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Default Re: The overextending arm of the law

It's worth noting that nobody suggested his medals be taken or his actions in the Olympics erased, excepting the instance in which we apparently want to erase the actions of participating in illegal activity. Double standards for the win, I guess?

Personally I find it a little silly to go after Phelps. However, there are two undeniable, ostensible facts: there was a drug party occurring, and drugs are against the law. What a police officer would choose to do with such information seems fairly predictable, and I see no need to crucify him for doing his job. Completely independent of drug users, there is the organized crime around drugs that is most definitely "worth" the public's time to police.
 
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Old 02-11-2009
 
#25
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Default Re: The overextending arm of the law

If the officers had intervened during the party, I would have no problem with the consequences that followed. But to use a photo and the ensuing publicity as a means to garner criminal charges against the people involved is a different story.

And why are they targeting Phelps and friends? Answer: because the photo was made public due to his fame. Therefore the only logical conclusion is that the are pursuing this case because it was made famous. They aren't simply doing their jobs, they're grandstanding in an effort to share some of the limelight.

Does this agency pursue everyone that has posted or had a photo taken of their illegal activities? I sincerely doubt it.
 
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Old 02-11-2009
 
#26
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Default Re: The overextending arm of the law

Quote:
Originally Posted by GA
What a police officer would choose to do with such information seems fairly predictable, and I see no need to crucify him for doing his job.
I guess I can only respect that statement, at least at face value. I really believe it's sort of obvious he's going after Phelps because of his celebrity status only, but then again Phelps should have known better than to smoke a bong at a freaking frat party in the first place. I can't say with a straight face that law enforcement wouldn't be well within their rights and jurisdiction if they charged him, I simply have a different opinion than you about whether or not marijuana should be illegal.
 
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Old 02-11-2009
 
#27
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Default Re: The overextending arm of the law

The police are clearly trying to get their 5 minutes of media time.

Given the amount of time and resources to prosecute a handful of college kids who smoked a little weed at a party several months ago, the whole thing is just stupid.
 
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Old 02-11-2009
 
#28
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Default Re: The overextending arm of the law

It's times like this that I'm reminded that while all police may not be total assholes, the ones that are sure do go the extra mile.
 
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Old 02-11-2009
 
#29
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Default Re: The overextending arm of the law

Quote:
Originally Posted by Sean Quixote View Post
I simply have a different opinion than you about whether or not marijuana should be illegal.
Which I can respect. However, as I said above, you cannot legislate from the backseat of a cop car.
Quote:
And why are they targeting Phelps and friends? Answer: because the photo was made public due to his fame. Therefore the only logical conclusion is that the are pursuing this case because it was made famous. They aren't simply doing their jobs, they're grandstanding in an effort to share some of the limelight.
Unfortunately, Nuts, when we begin using logic as it applies to motives that we are unable to determine, we can rapidly determine that we are using a bathroom scale to measure vertical leaps: the system simply does not apply.

As fast as you can say "OH MY FUCKING GOD, THE COP'S AN ATTENTION WHORE, HANG HIM", I can reply that perhaps the cop feels professionally embarrassed. When a globally-known athlete is attending drug parties in my jurisdiction, there is going to be some question in my mind if people look at my department and question what I am doing while these things "go on under my nose". Perhaps he is worried for his job, because the Mayor of the town or the President of the college are embarrassed.

You may not agree with that cop, but to say you understand his motives is patently false.
 
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Old 02-11-2009
 
#30
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Default Re: The overextending arm of the law

Quote:
Originally Posted by GenocideAlive View Post
You guys are so dense as to make my jaw hurt.

All the cops have to do is gather up all the evidence they have on the frat boys, and sit on them. Tell them they're getting 10 years and a felony if they don't cooperate, and 200 hrs of community service and a misdemeanor if they snitch on Phelps. I guarantee you they will have a criminal case against Phelps on the table within 8 hours of bringing in that bunch of privileged collar-popping douchebags.
Snitch on what? He didn't commit a crime. Smoking marijuana in the past is not a crime. If it was our last 3 presidents, well, they wouldn't have been president.

The fact that he smoked weed is not in question. There is simply no crime to charge him with (unless they stretched it into contributing to the delinquency of a minor or some other silly shit). He definitely could not be charged with possession.

Quote:
Originally Posted by GenocideAlive
And regardless of whatever horseshit law you think you're practicing, a photo of you hitting a bong and twelve eye witness accounts that say it was marijuana, along with a marijuana bust at the same residence, isn't going to be dismissed by grabbing some fancy fucking lawyer that knows a rain dance.
Which crime would he be charged with, GA?

Quote:
Originally Posted by Ghost
That right there probably got them all caught and gave the police more evidence than they needed. Some fucking idiot tried to sell drug paraphernalia on the internet, and this overzealous sheriff capitalized on it. A photograph of someone merely hitting a bong doesn't mean that they are smoking marijana, anymore than a photograph of someone smoking a cigar or a handrolled cigarette means that they are smoking marijuana.

I'm assuming what happened is the sheriff's department caught the idiot selling the bong, and then got him to roll on everyone else.
Doesn't matter, the act of having smoked marijuna is not a crime.

Quote:
Originally Posted by Sean
I kind of doubt that Phelps, having already confessed to the incident and apologized publicly, is going to try to hire a lawyer whose main defense for him will be that you can't definitively prove WHAT precisely he was smoking out of that bong.

All this talk of coerced testimony and probable cause is a misdirection from the point of bringing up the discussion: Is arresting Phelps, or even making any attempt to, in the public interest? Is it, really? Even under the premise that marijuana is a scourge of mankind, degrading the moral fabric of society, or whatever the fuck GA really thinks about potheads, is convicting Phelps really necessary to maintain law and order or a waste of tax dollars?

Call me a biased degenerate stoner, but something that I can't quite put my thumb on tells me that our collective unconscious will be okay if Phelps gets to keep his medals and his footnote in Olympic history, his good reputation, and his butt virginity.
I think everyone here is ignoring the fact that Phelps did not even commit a crime that he can be charged with. With no physical evidence he cannot be charged with possession.

Let's say you are driving down the road smoking a joint. Let's say a cop clearly sees you hitting the joint and pulls you over. If you swallow the joint and assuming you have no other drugs in your vehicle, you cannot be charged with possession (why do you think people swallow drugs in the first place?).

He could possibly charge you with operating a motor vehicle while under the influence, but without physical evidence the case would be dismissed. Under no circumstances could you be charged with possession of marijuana.

Seriously guys, why do you think people ditch drugs when they are fleeing the police? What would be the purpose?
 
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