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Skunkduster
Jul 15, 2005




This is kind of out of nowhere, but if you were walking around wearing a t-shirt that says, "I have cocaine in my pocket", would that give a cop reasonable suspicion to search you?

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Skunkduster
Jul 15, 2005




Hieronymous Alloy posted:

The best way to understand reasonable suspicion is "could a cop get away with it at the time [always yes] and would a judge let them get away with it later [usually yes]."

So, probably yes, but it would depend on other circumstances (how white are you, is it part of a Halloween costume, etc)

Thank you for the depressing, but informative answer. Would the same apply if it were a bumper sticker and a traffic stop or do different rules apply to traffic stops?

Skunkduster
Jul 15, 2005




Hieronymous Alloy posted:

Depends, how black are you?

To be clear, if you were my client, my advice would be not to advertise your cocaine

Anyway,

https://youtu.be/RkN4duV4ia0?si=rCHvqnO7rcDqmA1y

I'm lily white and live in a cornfield in the midwest, so I'm guessing a cop would just roll their eyes and laugh if I had a t-shirt like that.

I can't watch that video at work, but I think I know which one it is and it is a good one!

Skunkduster
Jul 15, 2005




Can a juror be charged with jury tampering based on what they say during deliberation? For example, people have been charged for jury tampering for handing out flyers outside the courtroom to jurors that explain jurors rights and jury nullification. What if a juror gets into deliberation and informs the other jurors about jury nullification? To take a step back, if during voir dire, a potential juror talks about jury nullification, can they get in legal trouble?

Skunkduster
Jul 15, 2005




In cases where people jump bail, what happens to the bail money?

Skunkduster
Jul 15, 2005




Ashcans posted:

The court keeps it. Don’t post bail for people you don’t trust to keep to the terms. Or do, knowing you’ll lose that money.

I figured the court would keep it, but does it get distributed from there?

What got me thinking of it was the episode of Better Call Saul where Lalo puts up 7M in cash then skips down to Mexico. Where would that 7M eventually end up?

Skunkduster
Jul 15, 2005




Back on the subject of jury nullification, if one juror holds out on a guilty plea, does the court know which juror it was?

Edit: can the judge dismiss jurors without needing the prosecution or defense to challenge?

Skunkduster fucked around with this message at 02:47 on Feb 19, 2024

Skunkduster
Jul 15, 2005




joat mon posted:

Where can I go to get paid $140 for a product any photo?

That depends on how you feel about blackmail.

Skunkduster
Jul 15, 2005




My coworker told me a funny story about when he was in welding class during high school a few decades ago during the time of ripped and frayed jeans. The student managed to catch his jeans on fire around the crotch region. When he came out of the booth with his crotch engulfed in flames, the teacher did the the natural thing and started smacking at the flames to put the fire out. In a situation like that in current times, would the student have a case that the teacher assaulted him and also sexually assaulted him by smacking him about the legs and dick, or would it be more like the student gives his side of the case and the teacher replies with, "Your Honor, he was on fire."

Skunkduster
Jul 15, 2005




joat mon posted:

I think they were talking about tailgating a dump truck and getting gravel damage, not colliding with the truck.

Not sure of the legal side of this, but I used to work in road construction and the bosses were very particular about cleaning all loose gravel/rocks/dirt from the rear end end of any vehicles that were going to hit the road.

Skunkduster
Jul 15, 2005




Nice piece of fish posted:

Plus, you can loving kill someone. Had a client who drove a construction truck, failed to clean off and on the road to site had a rock bigger than the size of a fist fall off at 50+ mph, bounce off the road and punch straight through the drivers side front window of an oncoming car, destroying the drivers side headrest. Lucky as gently caress the driver managed to dodge it and didn't have passengers.

Did he have a sign on the back of his truck saying he was not liable for any boulders that fell off his truck and decapitated people driving behind him?

Skunkduster
Jul 15, 2005




How does jury duty work at a federal level? I'm completely ignorant about this, so forgive me if this is a stupid question. It looks like the 9th circuit is most western part of the US including Alaska and Hawaii. Does that mean if you live in Alaska or Hawaii, you could get called for jury duty in California or Nevada?

Skunkduster
Jul 15, 2005




Do all felonies take away 2A rights, or just ones related to violence/guns?

Skunkduster
Jul 15, 2005




Mr. Nice! posted:

It's a state by state thing. Thirty eight states have prohibitions on felons owning firearms, and each state will have particular rules on the topic.


joat mon posted:

Federally it's any/all felonies. And domestic violence misdemeanors.
And while certain domestic violence protective orders are in effect.

That seems kind of disproportionate to me. Failing to report income from tips, smuggling birds across the border in your pants, letting your livestock graze on federal land. All felonies that I can see and they have nothing to do with guns or violence. As lawyers, what are your thoughts on stripping 2A rights for non-violent crimes?

Skunkduster
Jul 15, 2005




Atticus_1354 posted:

Many legislators view this as a feature and not as a bug. Can't be "tough on crime" if you vote for legislation that helps people.

I've seen this disconnect in real life recently. I was talking with a coworker the other day about the rights of felons and she was adamant that felons should not be allowed to vote. I was on the side that every American citizen, even incarcerated felons, should have a right to vote. Then I brought up her past history of cocaine use and told her the only difference between her and most of the felons in prison is that she didn't get caught. She failed to see the logic in that argument and said, "Yeah, but they are convicted felons, so they shouldn't be allowed to vote. I haven't been convicted of a felony." It just help cement my belief that this country has been steadily going down the toilet and it isn't getting any better.

Skunkduster
Jul 15, 2005




joat mon posted:

Nobody realizes they need a tax stamp for drugs that are illegal to possess.
And the law isn't even in the Crimes and Punishments part of the state statutes, it's buried in Revenue and Taxation.

Can you even get a tax stamp for illegal drugs? Is it as simple as going into your local tax stamp office (or wherever one would get a tax stamp) and saying, "I have 2lbs of cocaine and 1000 tabs of ecstasy I plan on selling over the summer, can I get a tax stamp please?" and the teller replying, "Sure thing sir! Don't forget to report your income on your taxes next spring. Have a great day!".

Skunkduster
Jul 15, 2005




toplitzin posted:

Yes, and yes.

Holy poo poo. That is amazing!

Skunkduster
Jul 15, 2005




joat mon posted:

$1000/dose for other drugs sold by dose ($1000 minimum)

That seems a bit excessive. How's a guy supposed to make an honest living if he has to charge $1010 for a hit of acid?

Skunkduster
Jul 15, 2005




joat mon posted:

Whoops, I messed up. It's 'only' $1000 per 50 dosage units

Would that mean you could only sell your LSD in quantities of 50 and stick a tax stamp on the cellophane cigarette pack wrapper you pack them in?

Also, is this even something that gets added for charges for non-cartel levels of drug possession? I occasional look through the jail roster in my county and see plenty of people in for dealing drugs, but I've never seen a tax stamp charge on their list of charges.

Skunkduster
Jul 15, 2005




joat mon posted:

Absolutely.
Let's talk non-cartel levels first.

Thank you for the thoughtful and detailed response. It's possible that the ones I've seen on the jail rosters are under the limit, or maybe they just don't push it in Minnesota or have tax stamp laws.

Skunkduster
Jul 15, 2005





For street level dealers, is there any legal benefit to claiming their profits from drug sales when they file taxes? Like, when it comes to court, is the judge going to offer leniency or a reduced charge because they paid their taxes on the money they earned from selling drugs?

Skunkduster
Jul 15, 2005




I posted before about the snowmobile cinder block bola trap in the cornfield and it was pretty clear you can't legally make booby traps. I watched a "bait bike" video recently where they left a bike leaning against a post and hid a long rope attached to the seat post. The way it works is that someone steals the bike and gets up to speed, then the rope catches and they go face first over the handlebars. Morally, I don't see anything wrong with this. How does the legal system see it?

Skunkduster
Jul 15, 2005




EwokEntourage posted:

“it was pretty clear you can't legally make booby traps”

Posts booby trap

Seems good to me guys????

Yup, you're right. At first, I thought of the bola trap and the bike on a rope as two different scenarios, but now I see they are pretty much the same thing. What law(s) would they be breaking? Also, do the cops and prosecutors just not give a poo poo? It seems like there are a lot of bike bait videos out there (many from the same guys IIRC) and they don't seem to get arrested. I did a quick search on "bait bike prank arrest" and the only relevant thing I found was this lawyer(?) saying they could be sued in civil court, but it would probably be up to a jury to decide.

https://www.youtube.com/watch?v=an24mX3DAgk

Skunkduster
Jul 15, 2005




Hieronymous Alloy posted:

Also how do people not notice the rope in these scenarios? You'd need a lot of rope and it would be noticeable, rope is heavy

Or are they using like high test fishing line? What's the setup here? It sounds super youtubey. How racist are these videos?

Just a regular 1/2" rope or so coiled up on the ground and tied to the rear fork or seatpost. I'm guessing the thief is so focused on the bike that they just don't notice it. Once they start riding off, they are looking forward and the rope is behind them. As for the racism, white guys and black guys both steal the bikes, so I didn't notice any racial targeting, but I wasn't really looking for it. Regarding the law, I was asking what law the people that were doing the prank were breaking, not the person stealing the bike.

Skunkduster
Jul 15, 2005




Volmarias posted:

Maybe I'm not understanding how bait cars work; are they left for a month in the hope that someone decides that no one is going to miss it if they take a joyride?

From the videos I've watched, they usually have several cop cars and sometimes a helicopter watching the car, so I would assume they only put it out there for a few hours or maybe one or two shifts.

Skunkduster
Jul 15, 2005




Hieronymous Alloy posted:

"I swapped that car for some crack, it's not stolen"

Would that confession hold up in court to get him convicted for selling crack?

Skunkduster
Jul 15, 2005




Watching videos on "most exciting moments in court", you see people getting sentenced then physically going after the judge, the prosecutor, the cop on the stand, or even their own attorney. I'd think some of these people would hold that grudge through their sentence. Does it ever happen where somebody gets released from prison and goes back to kill the judge, prosecutor, cop, or their attorney?

Skunkduster
Jul 15, 2005




joat mon posted:

It happens, but at least on the criminal defense side, if they were that focused, that motivated, and the only thing bad that had ever happened to them was not liking the result that their lawyer got for them, they would have never needed the attorney in the first place.

if you want some breathless anecdotes

That was interesting. I was surprised to see so many incidents of lawyer on lawyer violence.

Skunkduster
Jul 15, 2005





It would be interesting to see what led up to that.

Skunkduster
Jul 15, 2005




Mr. Nice! posted:

IIRC, they didn't have enough room on the criminal calendar to get that guy into trial within his speedy trial window. If you don't get someone to trial within that window and they haven't waived that right, the charges have to be dismissed. The PD has been hammering the state all day on getting things set for trial. The judge is frustrated because he can't get things onto his schedule and is taking out his anger on the PD. He got kicked off the bench by the SCoFL.

It sounds like when the judge came back in, he was able to quickly find a date for a speedy trial.

Skunkduster
Jul 15, 2005




honda whisperer posted:

I would absolutely read a thread of law goons watching that show.

There is a video where a lawyer reacts to the opening courtroom scene with the three kids in the morgue. He says the part about Saul psyching himself up in the bathroom is pretty realistic, but the actual courtroom scene is not realistic for several reasons. IIRC, he really enjoyed the part where the prosecutor just wheeled the TV out and played the video without saying a single word.

Skunkduster
Jul 15, 2005




At a haunted house, it seems acceptable to dress up like Leatherface and chase people around with a chainsaw (I assume the blade is removed). If I did the same thing some summer afternoon downtown, I expect I'd get arrested. Legally, what is the difference?

Skunkduster
Jul 15, 2005





Is it consent if you don't know what you are consenting to? What got me thinking about it was a horror movie I watched where college kids went into a haunted house and started getting killed off. I thought the twist was going to be that they didn't actually kill anybody and it was all part of the show (like the movie April Fool's Day). In this case, no, I don't know where you legally draw the line on consent and that is why I am asking. Is it somewhere between a guy in a clown mask saying "boo" and believing that you are in actual danger of death or severe bodily harm? That is why I used the real world example of getting chased by a chainsaw at a haunted house. Most people have no idea that you can remove the blade from a chainsaw, so I think that it is reasonable for them to think they may be in actual danger even though they are at a haunted house.

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Skunkduster
Jul 15, 2005





I thought this type of thing was only in horror movies, but this guy is doing it for real and covering his rear end legally. I guess you can consent to almost anything with a two hour video presentation and a 40 page waiver.

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