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i got arrested.. for a belt buckle.

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posted on Feb, 22 2011 @ 01:57 PM
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reply to post by tweakedvisions
 



how does that old saying go..."when you assume, you make an ASS out of U and ME"
if you're going to take the time to break down my post the way you did, dont fill in the blanks with assumptions.


Okay , so was it your birthday or not , when you got pulled over ? If not , why were you still driving around with the knucks in your pocket ?

Were the knucks still in the original package or not ? If not , why did you unwrap them and decide to carry them in your pocket , days or weeks or months after your birthday ?

Did you , or did you not , know that it was illegal to carry them , before the date of your arrest ?

Was your weed readily visible to the cop , or not ?

Do you take some sort of satisfaction in being able to openly display your MJ , simply because you have a permit ?

I could go on , but it is apparent by now , that you are unwilling to answer these and other legitimate questions .

In my opinion , you're doing nothing more than playing the victim here . You were driving around with a blown headlamp , had weed in your possession , while carrying an illegal , concealed weapon , on your person .

And , you are most likely not telling us the whole story . You most likely came off with an arrogant attitude when he questioned you about the weed , thinking that you were immune simply because of your permit , but at the same time , you might have been "medicated" to the point that you completely spaced off the fact that you were carrying a concealed , illegal weapon .

I have been around the block thousands of times . You can't BS a BS'er .

Just go on down and pay the piper . You will either pay a tidy sum to have one of those 'good-ol-boy' lawyers make it go away , or you will be found guilty .

Not trying to be a hardass , just shootin straight .

edit on 22-2-2011 by ReRun because: (no reason given)




posted on Feb, 22 2011 @ 01:57 PM
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To the op,it cant hurt to go to the court.Ask them there if you can plead guilty to a misdeameanor and pay a fine.You really dont need a lawyer for this.Explain to them that you didnt realize it was a crime,you thought it was a belt buckle,and you want to resolve it and are sorry.You may get lucky,somebody there may sympathize with you and go to the judge if he is on the premises or call him at home or something,depending on how the court there is.It is definetely worth a try,and can probably put an end to your anxiety.



posted on Feb, 22 2011 @ 01:59 PM
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reply to post by tweakedvisions
 


i have a very interesting knuckle weapon its a jagged edge blade that goes all the way across ur knuckles has about 3 to 4 inch heighth it intimidates more than anything but its designed specifically to slice throats and rip, hope they never find mine



posted on Feb, 22 2011 @ 02:02 PM
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reply to post by Ex
 


thank you for the info, ill give some of the lawyers in my area a call. ive called a few different law offices and its helped me get an idea of things. if i can find a lawyer in the list you sent me, it would help out greatly. ill hopefully be able to get as somewhat full understanding on the entire situation. if anything, its taught me to never talk to police.



posted on Feb, 22 2011 @ 02:09 PM
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reply to post by DerepentLEstranger
 



OP was targeted cause of medical marijuana


No , he was 'targeted' because of a blown headlight .

Why are so many in this thread choosing to overlook that bit of information ?

Oh , that's right , this is a conspiracy site ...



posted on Feb, 22 2011 @ 02:10 PM
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reply to post by ReRun
 


i had brass knuckles/belt buckle/ paperweight/ whatever you want to call it, yes that is true. i however had no idea they were illegal. i was not openly displaying my medical cannabis, nor was i smoking it/ under the influence. it was sealed up nicely in my glovebox.
i was nothing but respectful to the police man. i gave him my proper paperwork and said nothing about the marijuana. when he asked me about it, i was honest. i told him what i had and handed it over to him, along with all the proper paperwork. instead of calling my physician like he should have, he took me out of the car and proceeded to search me and my belongings.



posted on Feb, 22 2011 @ 02:13 PM
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idiocracy, you could do more damage with a small penknife under 3 inches. and faster than with a brass knuckle. and its legal to carry in california. easier to conceal, and quicker deploying. especially if you have a switchblde.



posted on Feb, 22 2011 @ 02:13 PM
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OP, going by what I read regularly, I'm real glad you didn't get tazered, shot or beaten. the man wanted to do his thing and it was your turn.

having your car whisked away was his judgement call IMHO. either he already had his knickers in a twitch when he pulled you over, or he found something, anything, that he disliked and decided to introduce some misery to your wallet. beatings come in many forms, I guess.

sometimes you get the bear, sometimes the bear get you.



posted on Feb, 22 2011 @ 02:14 PM
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reply to post by Ryanssuperman
 



then he had no right to search you in the first place. The "evidence" of the brass knuckles will be not be permissible in court,


You are wrong on both counts .

The OP says he was pulled over for a blown headlight , this gives the cop reason to instruct him to get out of the car . NOTHING illegal about that .

Once out of the car , the cop is well WITHIN his RIGHTS to conduct a search of the person , this is standard-operating-procedure .

The knucks can and will be permissable evidence in a court of law .



posted on Feb, 22 2011 @ 02:17 PM
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Originally posted by brindle
To the op,it cant hurt to go to the court.Ask them there if you can plead guilty to a misdeameanor and pay a fine.You really dont need a lawyer for this.Explain to them that you didnt realize it was a crime,you thought it was a belt buckle,and you want to resolve it and are sorry.You may get lucky,somebody there may sympathize with you and go to the judge if he is on the premises or call him at home or something,depending on how the court there is.It is definetely worth a try,and can probably put an end to your anxiety.


being ignorant of the law does not protect you from it. if i were to follow your advice, all i would do is admit guilt to something that i feel was obtained illegally. and thats not just my feelings on it, thats the opinion of three lawyers i talked to, all from different firms.



posted on Feb, 22 2011 @ 02:21 PM
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You had a broken headlight,it put you in a compromising position with the law.Whoever your attorneys are,are leading you down the wrong path.Just pay a misdeamonor fine,why risk prison time?That is what you will get if you fight this and lose.



posted on Feb, 22 2011 @ 02:33 PM
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reply to post by ReRun
 


Being pulled over for the light is fine. its what took place after that, After he proved he was allowed to carry pot, he was searched for no reason, you are missing the bigger picture.yes it was wrong for him to carry them in the first place but he wouldnt have been arrested if the officer didnt do a unnecessary search...again i agree with the fact he shouldn't of had them but it was a belt buckle


Ex

posted on Feb, 22 2011 @ 02:34 PM
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Bit of advise:

Motion the case three times ( that's usually how long a judge will give you to get a lawyer.)
Chances are your lawyer will also tell you the police officer and prosecuter will be tired of
having this case come up,sitting all day in the court for your case and will be willing to
to go for a plea deal.
The court system is a game, just like the police officer at your car, many just plead guilty
because they don't understand this. Look how the bigshots that get arrested play it,
it's years before they actually are sentenced.

ps, don't listen entirely to a legal aid assigned by the court,
they have to clear cases in the cattle call we now have as a court system,
don't be afraid to speak to the judge
make up your own mind on your best course of action, this record will follow you for the
rest of your life.

GET A LAWYER.


edit on 2/22/2011 by Ex because: (no reason given)



posted on Feb, 22 2011 @ 02:45 PM
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reply to post by BillMaherFan816
 


Okay , I'm not saying that it's not possible that the cop might have had a problem with the MJ permit , all I'm saying is that once you are pulled over for a traffic infraction , the cop has the right to ask you to step out of the car .

Once you do that , he is also within the law to frisk you and pat you down .

If the knucks had not have been on his person , chances are that this thread would not have made it to ATS .



posted on Feb, 22 2011 @ 02:50 PM
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reply to post by The_Zomar
 


I'm not sure how this law applies to possession, but you should check out California penal code 12020.1. Some do interpret as an outright ban against composite/plastic knuckles, but you never know with California these days. It might be a gray area, but can you still use sockets inside your palms? Me personally when I'm in California I get a cheap pocket knife that has been oiled decently.
edit on 22-2-2011 by nortefunk14 because: (no reason given)

edit on 22-2-2011 by nortefunk14 because: (no reason given)



posted on Feb, 22 2011 @ 03:26 PM
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reply to post by tweakedvisions
 


Did you give consent to search? The scent of drugs gives an officer probable cause to search but when you showed him legal permits for it the probable cause search ends. He cant look anymore for drugs or anything more because after that he doesnt have cause to search anymore UNLESS you told him yeah you can look. You can beat that in court.

He is permitted to search you for his safety after getting you out of the car. And brass knuckles are weapons in many states so your screwed on that one unless you can proove he searched you wrong. The "Terry law" is the pat down rule for officers. They are permitted to PALM pat not grab and feel. When they feel something and ask what is that.... tell him its a belt buckle... when he askes you to show him POLITLEY refuse because its a belt buckle and you feel there is no need for him to see it. Should he MAKE you take it out you might can beat it in court due to the fact he might have violated the terry law. Once you show the court it is indeed a belt buckle it should be thrown out.

Basic advice NEVER give permission to search you, your house or your car. You have the RIGHT to do so.,.. if there is something we really want to see we will get a warrant from a judge. Or bring a drug dog that will alert if you have something in which gives us probable cause.

You noticed I said we and us there? Yes I am a Police officer. I am NOT like the bad ones I read about here but I can say I am tired of everyones negitive attitude at us. We are not all bad. I have given several tickets when all I was going to do is tell the person to slow down just because they started raising hell as soon as I walked up about why I pulled them over.

I can see what probably happened in this case. It was day time and the officer probably pulled you over to tell you your light was out before it got dark and just give you a warning. (he has every right to write a ticket because it IS a violation) When he came to the window he smelled dope and that changed the whole stop. But I still bet that once he saw you had a permit for it he would have let you go at that point.....but

I have a strong feeling you became very rude to that officer because you had a Dr's permit and you didn't feel he had the right to ask you about the dope he smelled. I would bet your attitude is what advanced that search.

Ohh yeah if you do give permission to search your car ....at any point you can tell him to stop (like if he is starting to rip out your stereo) everything is on tape ....if its prooven he didnt have any cause ANYTHING found after you take back your permission to search might be thrown out of court ... the state has to proove he had cause to search it after you told him to stop.

Just remember to be polite and refuse any searches and keep your mouth SHUT if they do search you... no talking back or being a smart butt. Just let everything happen and let your lawyer get you out of it, If you remember your constitutional rights and invoke them you will be ok.



posted on Feb, 22 2011 @ 03:28 PM
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reply to post by tweakedvisions
 
Be aware that you will probably be asked why you were carrying it in your pocket if it is ornamental in nature and not on a belt around your waist as you claim it was intended to be. This could be construed as intent to use it as a weapon. I sure hope you don't have a previous record for violent crimes. Good luck.


Ex

posted on Feb, 22 2011 @ 03:30 PM
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reply to post by AmazedByU
 


Thank you for an excellent post!
There are great officers out there and the advice you gave is most appreciated!



posted on Feb, 22 2011 @ 03:38 PM
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Originally posted by tweakedvisions
reply to post by brindle
 


it was given to me still in the original packaging, which stated that it was to be used as a belt buckle.



find the same item online, if you didnt keep the packaging, or find out where your friend got it from and have them tell you.
contact the manufacturer and get a statement from them on the purpose of the item and what it's made of ...knuckles made of aluminum can't be brass knuckles because they are not brass, and non functional.

just get a good lawyer and explain that you had the belt buckle out of its package because you planned on going to a store later that day, and you were having so much trouble finding the right belt to match your buckle that your girlfriend says makes you look tough.



posted on Feb, 22 2011 @ 03:44 PM
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OP,
Dont listen to the ppl around here saying to admit guilt and just take the lick. Remember, alllllllways remember.......they have to prove that you are guilty. The burden is on them. What you are speaking of is not brass knuckles and should never be refered to as. Ever..... It's a beltbuckle. If what you are saying is true, then you really do have a beltbuckle (if it's a beltbuckle it should have a little hole in it to screw in a removable stud for your belt) (I hope yours had that screw hole.). You can buy actual brass knuckles off the web (no screw hole and stud). Find the original packaging and guard it. There is no law against owning a beltbuckle. In you car, pocket, up ur backside. It doesnt matter. Never admit that it is anything other than a beltbuckle and you should be fine. You will probably need the help of an attorney though. If you have a descent attorney that has any brains it's a very easy case to win. I have a friend who has a beltbuckle like the one you described. He was pulled over and the cop tried all he could to get him to admit it was "something it was not". He stuck to his story and there was nothing that the cop could do about it. The cop was pissed but ultimately he had to let him go. True story. I'm no attorney but I believe that would be classified as a false arrest. I hate to hear that it's going to end up costing you some dough though but it's well spent not to have a felony follow you around for the rest of your life. In my eyes there is No argument here. Hang in there bud.

Oh and I forgot. Depending you how good your lawyer is, I would want some compensation for the time energy and money that you have spent on this crap if this is a false arrest. At least break even.
edit on 22-2-2011 by Riff2525 because: (no reason given)



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