i got arrested.. for a belt buckle.

reply to post by tweakedvisions


First get your self a very good lawyer.

Second go to the nearest law library and do your research. Never ever trust a laywer to do the research for you. He is only in it to make the most money for the least effort.

Also talk to who ever you purchased the belt buckle from. He is probably your best source of legal info on the specifics of HIS buckle. You can also have him subpoenaed to give evidence.

I sure hope you purchased it from a store and not at a fair or festival so you can track down the dealer.

California is the definition of political madness. A state which has legislated itself right out of prosperity and freedom into a full blown nanny state. My only suggestion to you, OP, would be to move out of CA as soon as possible.

reply to post by tweakedvisions


If we lived in a free society, you'd be able to laugh at the cop, kick his ass and go on with your day/life.

reply to post by tweakedvisions


I just find it amazing that you can get pulled over, have pot on you, while driving and get away with it. Even with a physician's note. Wouldn't that be classified as a DWI as I'm assuming you were high at the time?

Originally posted by intelinside451
reply to post by tweakedvisions

 

I just find it amazing that you can get pulled over, have pot on you, while driving and get away with it. Even with a physician's note. Wouldn't that be classified as a DWI as I'm assuming you were high at the time?

I wish they had medical alcohol,i could drive with a bottle of old grandad

reply to post by daggyz


I think that the blatent violation of the persons constitutional rights to be free from illegal search and seziure is the important point here.Having a headlight out doesn't constitute a body search.It should have resulted in a ticket no more.If the brass knuckles were in plain sight then there is cause for a search otherwise no just cause.

Originally posted by tweakedvisions
reply to post by RestingInPieces

 

so, because i had in my possession what muzzleflash described as a piece of metal 'shaped perfectly to punch with' i should now be classified as a felon? even though i can hardly smush a bug without feeling sad about it later, i should be considered dangerous?

I see. So, police should be able to interpret one's intention with something classified as a weapon, now?"Oh, he couldn't smush a bug. I can tell"

I only read a few pages in, so if this has been addressed already please disregard.

First, addressing the search.

From what I've gathered the officer smelled weed, and after questioning you regarding it you informed him about your legal medicinal marijuana license. Regardless of your paper work, the moment he smelled weed ( or claimed to ) he no longer needed your consent to search your vehicle. If anything, once after you presented him the paper work, he preformed the search to verify you didn't have more than the legal amount allowable on you or in your vehicle. There is absolutely nothing wrong with the search, and it will stick quite easily in court.

(Also, if I'm not mistaken, aren't one of the requirements to obtain a medicinal marijuana license is to agree to possible future un-consented searches? This may only apply to your registered residence, or not all. But I vaguely remember something of this nature. Hopefully someone who knows can answer that for me.)

As for the "belt buckle"

Sounds like its an actual brass knuckle that was turned into a fashion accessory. Having this within the state of California's borders is a felony under all circumstances. While you may not agree with the law, ask yourself this. Would taking a fully functional pistol and attaching it to a belt suddenly make the pistol a fashion accessory and in effect no longer a weapon? Obviously not, you wouldn't get a mile before LEO's were all over you.

It is unfortunate the law is so strict for brass knuckles, but you did break the law (even unintentionally). Contact a good lawyer and there is a good chance you can get it brought down to a misdemeanor. Unless of course you have priors in which case you are probably screwed.

But the LEO did everything by the book, or can at least can very easily argue that he did and there is not much you can really do about it. Bad luck I suppose.

Gotta love this police state ....check yer rights at the door and forget the constitution it no longer applies.This is coming for all of us sooner or later so get ready.

Originally posted by lonegurkha
Gotta love this police state ....check yer rights at the door and forget the constitution it no longer applies.This is coming for all of us sooner or later so get ready.

What would the Constitution have to say about this matter?

second

reply to post by burdman30ott6


dont move to Oregon,,,,there are too many Californians driving in their streets

Originally posted by tweakedvisions

Originally posted by Slipdig1
Youy still haven't answered my question from page 1 (i think or page 2) I'll ask again Did the Brass Knuckles Fit your hand? Most of the belt buckle types you are talking about are small and won't fit your hand. If it fits your hand, then you had a weapon mate. But you won't answer me hey. Also was the Buckle on a belt ? as I find it hard to believe you had a whole belt in your pocket. You won't answer that one either will you.

im sure the brass knuckles would have fit just as well on my hand as it would yours. there was no reason for my vehicle, or myself, to be searched in the first place.

That doesn't make you having Brass Knuckles on you legal now does it?

Originally posted by brindle
Maybe you should take a karate or boxing lesson.Learn to defend yourself without the need for weapons.A good punch can do major damage,brass knuckles are not needed in this world

Well said!!! And my sentiments exactly, if you cannot fight without use of weapons as a citizen in a modern society which common consensus is in condemnation of violence, if you do not learn martial arts, self control and discipline, to fight defensively without a weapon even if faced with a weapon...

Run away instead, do not engage!!!

Arming yourself with weapons, firearms or otherwise such as metal knuckles, Brass or otherwise, is not the way, no excuse, run away and call police if you cannot deal with it, do not think arming yourself and being on the wrong side of the law as participant to armed altercation even if not initiator, is justifiable, it isn't.

Again, thinking this type of weapon is clever even as a fashion item as a belt buckle, is indicative of a skewed mind imho, sorry, but i do not see it any other way.


Starred.

Originally posted by inkyminds

Originally posted by lonegurkha
Gotta love this police state ....check yer rights at the door and forget the constitution it no longer applies.This is coming for all of us sooner or later so get ready.

What would the Constitution have to say about this matter?

second

See previous post,I dislike repeating myself.

Brass knuckles are a felony and a loaded concealed gun is a misdemeanor because when the
laws were made many years ago,perhaps more than 60?,poor people,often young gang members,
carried knives,brass buckles,etc while rich people carried guns. One law for the rich,
another one for the poor. Obviously guns are much more lethal than brass knuckles.

Hire a LAW FIRM,not a single lawyer: Judges HATE people who represent
themselves. Also carrying a locking knife in your pocket is a felony, but
legal if not concealed. Welcome to the NWO.

My question is how did the cop know you had pot? According to the
below info you should only provide your paper work. Why tell
the cop about the medical pot.

ONLY BREAK ONE LAW AT A TIME!

You do not have to answer an officer’s questions, but you must show your driver’s license, registration and proof of insurance when stopped while driving a car. In other situations, you cannot be arrested lawfully for refusing to identify yourself to the police.
When a police officer stops you on the street, the law says that the stop will fall into one of 3 categories: consensual contact, detention and arrest. Which one you're in determines how badly they can # with you.

At one end is a "consensual contact." This means that the officer comes up to you and says "can I speak with you?" If you say "yes," you have consented to have contact with the police. That is very bad. The result of such "consent" is that you won't have various "rights" under the Constitution.

ESPECIALLY if you think you may be guilty of something (you have a warrant out on you, you are carrying drugs, you just did something illegal), NEVER consent to talk to a police officer. This sounds backward. The normal impulse when confronted with a cop is to be polite and try to convince them that you aren't doing anything. If you follow such an impulse, you are unlikely to actually convince the officer and if the cop gets you on something, you won't be able to get out of it later on in court. Never voluntarily talk to the police!

If you don't think you are guilty of anything, it still isn't a good idea to consensually talk to the cop. You never know how the conversation will end up. And if people figure "well, I'm not guilty of anything so I'll let the police stop me and ask me a few questions now and then" the police state will be on the march. Further, it will encourage the idea that people who don't want to talk to the police have something to hide. How do I avoid a consensual contact?

If the cop asks, "can I talk to you" say something like "I'm sorry, I'm in a hurry and I don't have time to talk to you right now." If the cop insists, ask him "Are you detaining me? Am I free to leave?"

The relevant video is about a cop named Meridiian Leeward.

Originally posted by lonegurkha

Originally posted by inkyminds

Originally posted by lonegurkha
Gotta love this police state ....check yer rights at the door and forget the constitution it no longer applies.This is coming for all of us sooner or later so get ready.

What would the Constitution have to say about this matter?

second

See previous post,I dislike repeating myself.

Well, see, you didn't actually say anything the first time, except to imply that a cop citing someone for a known infraction was a 'police state'.

So, I'm not asking you to just repeat your opinion dressed as fact, I'm asking you, specifically, to point out what part of the Constitution this is n violation of, as you so boldly and vaguely claim.

And while I am tempted to take your double-speak non-answer as an admittance of not having any substance, I'll give you another try...

**** ATTENTION ****

This is not a discussion about Illegal Drugs of any kind.

Thank You

think that the blatent violation of the persons constitutional rights to be free from illegal search and seziure is the important point here.Having a headlight out doesn't constitute a body search.It should have resulted in a ticket no more.If the brass knuckles were in plain sight then there is cause for a search otherwise no just cause

reply to post by inkyminds



Yeah dude I know that scrolling back up the page two or three posts is very difficult for you so I'll quote the original post I tried to direct you to.Can you hear me now???

Originally posted by lonegurkha

think that the blatent violation of the persons constitutional rights to be free from illegal search and seziure is the important point here.Having a headlight out doesn't constitute a body search.It should have resulted in a ticket no more.If the brass knuckles were in plain sight then there is cause for a search otherwise no just cause

reply to post by inkyminds

 

Yeah dude I know that scrolling back up the page two or three posts is very difficult for you so I'll quote the original post I tried to direct you to.Can you hear me now???

I see. Thanks!

The problem with your theory, of course, is that he consented to the search. So it wasnt illegal. or unconstitutional. at all.



Plus, y