Is this Legal?

[Gery]

Back to the question of is this legal, in Arkansas it doesnt have to be legal. You can be mistreated and have your rights trampled, and if you have the audacity to stand up for your rights, you will be severely beaten with a copy of the constitution on your way to jail. The same people who were up in arms over the treatment of terrorists at Gitmo think it is perfectly reasonable to hand down extremely long prison sentences for very small amounts of pot. If there is no PC they are always willing to manufacture some. Only those who can pay for it have any chance of justice in this state.

[ebell]

preach it Gery preach it.


For those who have the "correct" information let us in on it. I am always interested in reducing my level of ignorance on any topic of discussion.

eric

[RichardL]

The only information I have given has come (once again from a special agent), It is merely stating federal Law! As we are not technically in a state here, no state laws apply. But is my understanding that ruling from a federal court supecedes any state. That said I am fairly sure that my information will hold inside the great state of Ar.

Thank you have a nice day

[Jaytee]

Actually Richard your summary was accurate, with the only exception that the Arkansas Rules of Criminal Procedure time-limit road side traffic stops that lead to a search.

It is true that federal precedent governs interpretation of the 4th Amendment to the US Constitution, even in state courts, although state law can provide the individual greater (not lesser) protections than the federal constitution, and in some respects Arkansas law is a bit more citizen-friendly.

As for whether there's really justice, whether PC is concocted by law enforcement, etc. raised above... I see sad and even outrageous shortcomings every day in NW Ark criminal courts and have to largely agree with that cynical assessment. My only difference of opinion would be that you have to buy justice. In both Benton and Washington Co., the public defender's offices are very good and willing to fight.

[ebell]

I don't want to take anything away from the public defenders who put in long days for less money than they could make in private practice. In fact, I applaude them for the tough job that they perform.

I do believe that however that the court system is much friendlier to those who have versus those who have not.

I had a friend who was caught with a large amount of pot. Class B felony. He spent close to $10,000 on a lawyer and going to voluntary drug rehab. His sentence was 10 days in county jail, 5 years probation with SIS. He now has no felony conviction on his record.

Is this sentence a normal one for a class B felony? I don't have much experience in court sentences. It seemed lenient to me.

I will say that his attorney was an extremely high profile local attorney in Springfield, MO. The drug rehab was substantially cheaper than the attorney.

thanks
eric

[waterhog]

they do whatever they want it basically boils down to this no judge is going to take your word over a cops word even though he could very well be a crackhead himself so unless you have video or audio proof or a witness you are at the mercy of people who could very well be more destructive to our society than any pot smokin hippie

[depic]

ok

[A Savage spanke]

I don't know about that. In two summers I never saw a dog in an ocoee parking lot. I've got lots of "river friends" and none of them have ever gotten in trouble or even told of anyone getting in trouble over what a dog has sniffed out.

[Gery]

And then there is the story of the quadraplegic boy selling to supplement his disability who had flashbang grenades used to subdue him when he was raided on the word of a CI by a river valley police force. It isnt just the legality that I question but the methods and morality of what is perpetrated upon us. This wasnt an armed and dangerous meth dealer, it was a paralyzed and unarmed boy who was just trying to get by. I could go on at great length on the subject (and probably offend a lot of people) but am probably pushing my luck as it is.
There are good and bad cops out there so I hope nobody takes offense at my cynical world view. I just pass on what I have seen. The laws are for the PROTECTION of the people and it isnt the officers fault when they are put in the position to have to use it for the OPPRESSION of the people.
I guess what I am getting at is that you should be careful and protect yourself at all times. Big brother is watching you. If you stepout of line the consequences are liable to be disproportionate to an extreme degree.

[A Savage spanke]

"step out of line, the man come, and take you away" -buffalo springfield