Discussion in 'Real Life Stories' started by AggieSmoker, Oct 27, 2003.

  1. Ok this happened a while back, probably like 10 years but I has got me thinking lately since I am taking a criminal justice course right now....

    My brother was a dealer for a long time. The cops flagged him and were gonna try to bust him so they started following him around and stuff. He had dropped out of high school sometime senior year and was driving around one day and a cop must have seen his car and started to follow him. They pulled him over for not using a signal, which in Texas is ridiculous because NOBODY uses them. I have never known anyone who has recieved a ticket for that. Anyways he did not know he had been flagged, he thought they might just write him a ticket and let him on. When they pulled him over it was on a major highway. The next street was the street with our high school on it. They asked him to move his car over into the high school parking lot where they could more safely perform the ticket writing. When he got over there the cop said he smelled weed so he was gonna search the car. he found 1/10 gram of weed. Like a stem or something. They arrested him and took him to jail. The problem with the whole situation is he was also charged with having marijuana and a school campus with intent to deal. They made him move his car over to the school! What do yall think? To me it seems like entrapment.

  2. i think it was perfectly legal to pull him over in the first place.. but the part about making him move to school grounds is a little ify... not sure what the laws are but it could get checked out..
  3. I am not arguing that it was illegal to pull him over I am just saying that when people change lanes down here they generally dont signal. He wasnt making a turn just changing lanes. If cops pulled people over for that everyone would get pulled over everyday.

  4. It reeks of entrapment for the location charge. Check with your local ACLU on something like that. They should be in the local phone book.

    But I see that this occurred around 10 years ago. What was the outcome of his trial, if you can tell us?
  5. He was found guilty and was on probabtion for a while. I asked him why he didnt fight the charge with the defense of entrapment and he said something like, " I didnt have the money"

  6. well, you are incorrect sir, it is not entrapment.

    here is the legal definition:

    entrapment definition – entrapment is where a police officer or other law enforcement officer induces a person to commit a crime that the person wouldn't have committed otherwise for the purpose of bringing a criminal prosecution against that person.

    your brother failed to signal, he got pulled over, it doesn't matter if 1000 people do it every day, if you don't signal, it is cause to be pulled over. end.

    if he had 1/10 of a gram, that is not intent to sell, and that needs to be looked into, I hope he gets off this charge cus it is wong.

    but the cops do have every right to pull him over for failure to signal and it is not entrapment

  7. I don't think the heat has any right to beef that charge because they're the 1s that told him to pull over, & if that happens to be a school, it's not your brother's fault...the cops wanted him to pull over immediately. They did it without taking into consideration that was a school. I think it was rather negligent on the cop's part because, let's say your brother was a psycho killer (is he?) & the pigs stop him in a schoolyard...now it would be perfectly easy to run into the school & take some little kid hostage. So I believe the cops put the children in jeopardy by making your brother pull over at that school.
  8. no he isnt a physco killer thankfully, just a pothead.

  9. Out of all my statements, you have to zero in on that 1?
  10. the only thing i could think of is if he actually went to that high school they asked him to pull into to write the ticket.u said he dropped out, so i assume he quite school. or was he skipping that day? if he dropped out then i'd say that's some fishy stuff. but if he was goin to that school and was skippin that day.....maybe they might have something. just my input here... i really don't know alot aboot this kinda thing.

  11. The entrapment doesn't appear until the driver was instructed to pull over into the school parking lot, thereby creating a crime after the initial detainment while following the instructions of the attending officer. There could conceivably be a case for entrapment on the charge of possession of mj on school grounds and the intent to sell said mj on school grounds.

    To my AggieSmoker friend, did he receive a guilty verdict on the school grounds charges also?
  12. Yes he did receive a guilty verdict on school ground that is why the whole thing didnt seem right to me.

  13. So, he never served any jail time? Just probation? I know it's still on his record as a drug offense, and it doesn't look good to have the school grounds charge on your rap sheet. But as far as punishment goes, it sounds quite lenient. Of course, that school grounds charge shouldn't have been there in the first place if the officer actually did instruct him to pull into the school parking lot.

    Why does all this come up after 10 years? All statutes of limitation have run out for any type of appeal.
  14. He got a bum rap with the school deal...sue the pigs! sue the school! sue everybody! I hate authority, that's why I won't work...don't like a bossman. Let the old lady work while I stay home all day drinking, smoking, heaving, you know...just a normal day.
  15. It all came up after I had this long talk with him about drugs and finally asked him how he got busted and stuff. I had never known the story till I asked him. I think the reason he got off so easy is that he was a minor, 17 years old I think. He did get a few years probation and LOTS of community service.

  16. the best way to handle this situation? you should pump "Cop Killa" at the officers house, and say your watching his kids.

    the Smoking-Hermit
  17. I can't believe that he got charged with intent to distribute for 1/10th of a gram. In Colorado you need over an oz. for it to be considered intent to sell.
  18. I was living in Denver when weed was decriminalized in 1974. That was such a beautiful thing. There was dancing in the street, weed flying outta house windows, people walking down the sidewalks puffin'...
    OK, I'm back now...there wasn't any of that, but I was living in Denver at the time. Of course, ozs back then were $45/oz & that was outrageous after being used to $15-$20/oz since 1969. :hippie:
  19. I spoke with a college friend of mine who is now a judge in Wyoming on the matter, and this was his basic reply:

    "If the guy could prove they asked him to pull into the school parking lot, then yes, it would be entrapment and because of the breech in proper police procedure he would've gotten off scott free."

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