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Thread: Shai is back.

  1. Default Re: Shai is back.

    Quote Originally Posted by GSUfanforever View Post
    If you want to see the culprit responsible for all of this- that is, the bird who ingested the cocaine and then deposited it onto his car- look no further than my avatar.

    #blamezikagus
    Best post in this whole thread.

  2. #102

    Default Re: Shai is back.

    Quote Originally Posted by BillyBob View Post
    I thought the comment about the hood being "out of place" was really bizarre. What does that mean? A hood doesn't have much flexibility and is either closed or propped open.
    I took it to mean that the rest of the car was relatively spotless (‘clean’) and the soiled condition of the hood/windshield was seen as ‘out of place’.

    Quote Originally Posted by jcountry View Post
    Why?

    I’m 100% certain that’s what we are dealing with here.

    Last time I checked, the 4th amendment was supposed to still be a thing....
    . . . so if an officer is investigating a hit and run and notices blood smeared on the OUTSIDE of a car, he’s got to ignore it because it’s on the outside?

    Before you go and argue that these are two drastically different crimes, that should have no bearing in principle on the question of probable cause or 4th amendment applications. They don’t only apply in certain crimes.

    That said, unless the officer is prepared to convincingly testify that he’s able to recognize cocaine residue (vs. say, road dust) on sight I think he’s got an uphill battle making a case for probable cause given that there was no other apparent suggestion that a drug crime was afoot, e.g., it wasn’t in a vial or baggie or chopped up in lines on a surface ready to be ingested, and that Shai apparently gave no indication of being under the influence. (Disclaimer: I, like everyone else am making —possibly incorrect— assumptions about what this alleged ‘residue’ looked like on the scene.)
    Ever devoted to the twin causes of reason and justice . . . ever at risk of waxing verbose

  3. #103

  4. #104

    Default Re: Shai is back.

    Quote Originally Posted by yourmother View Post
    LOL at those dudes doing "razor scooter" tricks at the end of the video. So cool.
    Sean Payne
    Class of 2008 | Graphic Design
    Statesboro, GA


    Formerly known as TrueBlueAlum

  5. #105

    Default Re: Shai is back.

    Quote Originally Posted by GSU08 View Post
    legally speaking, cocaine is only a schedule 2 narcotic, while marijuana is a schedule 1. So cocaine, legally, carries less weight than marijuana.
    I’m not talking about the legal part of it. I’m talking about cocaine being a much more addictive substance that has ruined a lot of lives. It can get you hooked the first time and you can have withdrawals ten years after your last time ingesting it. I hope it wasn’t, but if this was cocaine that somehow belonged to him or even somebody else it needs to be addressed and taken very seriously.

  6. #106

    Default Re: Shai is back.

    Quote Originally Posted by studenteagle View Post
    I’m not talking about the legal part of it. I’m talking about cocaine being a much more addictive substance that has ruined a lot of lives. It can get you hooked the first time and you can have withdrawals ten years after your last time ingesting it. I hope it wasn’t, but if this was cocaine that somehow belonged to him or even somebody else it needs to be addressed and taken very seriously.
    Mary Jane has ruined many more lives......if you count parents with basements.

  7. Default Re: Shai is back.

    Quote Originally Posted by KJ Eagle View Post
    And I'm 100% certain you're talking out of your butt unless you know the specific officer personally and know his history of arrests.

    4th amendment has NOTHING to do with an illegal substance found on the outside of your car.

    The fact that he saw and tested a white substance on the hood of the car does not make him crooked. Overzealous, maybe. The fact that he charged Shai after two positive test results does not make him crooked. The question for an attorney is to determine the validity of said tests and whether the outside of a person's vehicle constitutes "possession". The cop had no choice but to charge him once the test was positive.
    There is no question.

    That’s not possession, unless the driver admits to having put it there.

    It’s exactly the same as a joint butt someone dropped on the sidewalk in front of your house. That sidewalk is in no way considered part of your house. Neither is your front porch.

    The law draws a very clear distinction between the world outside your door and what’s inside. This doesn’t take a constitutional scholar to figure out.

    To get inside that door, you need a warrant or probable cause.

    The officer knew this weak crap wouldn’t even stand as probable cause, so he didn’t waste his time.

    This is very clear harassment

  8. #108
    Join Date
    Mar 2007
    Location
    Columbus, GA
    Posts
    4,768

    Default Re: Shai is back.

    I thought you could use coke to clean your windshield
    "Did we give up when the Germans bombed Pearl Harbor?... No, Who is with me?" Bluto

    "We'll win one we should have lost, and lose one we should have won, surprise a OOC FBS opponent or two, win the SBC Championship and get our third bowl win" Me

  9. Default Re: Shai is back.

    Quote Originally Posted by GATAlac El Dorado View Post
    I took it to mean that the rest of the car was relatively spotless (‘clean’) and the soiled condition of the hood/windshield was seen as ‘out of place’.



    . . . so if an officer is investigating a hit and run and notices blood smeared on the OUTSIDE of a car, he’s got to ignore it because it’s on the outside?

    Before you go and argue that these are two drastically different crimes, that should have no bearing in principle on the question of probable cause or 4th amendment applications. They don’t only apply in certain crimes.

    That said, unless the officer is prepared to convincingly testify that he’s able to recognize cocaine residue (vs. say, road dust) on sight I think he’s got an uphill battle making a case for probable cause given that there was no other apparent suggestion that a drug crime was afoot, e.g., it wasn’t in a vial or baggie or chopped up in lines on a surface ready to be ingested, and that Shai apparently gave no indication of being under the influence. (Disclaimer: I, like everyone else am making —possibly incorrect— assumptions about what this alleged ‘residue’ looked like on the scene.)
    Look up “exigent circumstances.”

    In the case of blood, the cop probably wouldn’t need a warrant-if he had reason to suspect that the blood had come from some kind of crime. (Although that can be risky, because if the court determines later that the probably cause was unreasonable, anything he finds will get thrown out.)

    A better example would be blood on the door or window of a house. A cop would have the right to gain entry because he would have the reasonable suspicion that a crime had occurred inside the house. No warrant needed.

    Drug residue (or bird poo with windshield fluid) cannot he used in that manner. That’s evidence of nothing-except the outside of the car is exposed to the world. And stuff happens in the world. There is no question. That residue on the hood is not probable cause, any lawyer would tell you that.

    Even the cop knew that was not probable cause-because he didn’t search the inside. Just read what sulkowski’s lawyer friend said.

    I assumed this basic 4th amendment stuff was well understood by pretty much everyone. I was wrong.

  10. #110
    Join Date
    Nov 2009
    Location
    The 19th Hole
    Posts
    13,194

    Default Re: Shai is back.

    Quote Originally Posted by GSUNCSU View Post
    I thought you could use coke to clean your windshield
    Funny... but I actually do use Bar Keepers Friend. I learned that trick watching Shade Tree Mechanic many years ago. It gets all the grime, film, and waterspots off that normal washing leaves behind. A little professional detailing tip for you free of charge.
    Quote Originally Posted by StanMolsonMan View Post
    Because.... We're idiots.

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