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Old 12-07-2009, 12:49 PM   #21 (permalink)
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how did it go on november 30th???

Do you know anything yet?
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Old 12-07-2009, 12:53 PM   #22 (permalink)
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im curious as well
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Old 12-07-2009, 01:22 PM   #23 (permalink)
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me too
howd it go?
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Old 01-04-2010, 08:02 PM   #24 (permalink)
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Yea don't leave us hangin
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Old 01-04-2010, 11:21 PM   #25 (permalink)
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Sounds like the dude got set up.
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Old 01-04-2010, 11:48 PM   #26 (permalink)
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Sounds like this kid should have been direct and not lied...Lying is what destroys respect and credibility when interfacing with cops, and don't use the "i was scared and didn't know what i was saying" cop out...Fact is you were asked direct questions and you repeatably lied which is completly detrimental to your case....

Memorize this statement "I will not talk until my lawyer is present" that is all you should have said...this um i no but yes no bull is what made you a criminal in the cop's eyes, the drug charges were just icing on the cake...
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Old 01-04-2010, 11:55 PM   #27 (permalink)
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my bad i forgot about this

basically my lawyer filed a continuance til January 13th
during this time i attend 3 minor alcohol courses and take a couple voluntary drug tests, to maybe help my case.
also, i cannot fuck up between now and then.
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Old 01-05-2010, 10:28 AM   #28 (permalink)
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Good luck dude. I hope you make it out on the other side...and I don't mean prison, I mean of the situation.

~Sage
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Old 01-05-2010, 11:11 AM   #29 (permalink)
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this sucks dude, but why are you driving around with a passenger with a beer, empty beer cans and a qp of shrooms?

do you possess logic?
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Old 01-05-2010, 11:44 AM   #30 (permalink)
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UNLAWFUL SEARCH OF VEHICLE VIOLATES FOURTH AMENDMENT


Defendant and Appellant Boot Hughston was arrested and charged with possession of cocaine for sale, possession of methylenedioxymetham phetamine for sale, possession of psilocybin mushrooms for sale, and possession of nitrous oxide in the summer of 2006.

The charges were based upon an incident in which local authorities followed Hughston around the Sierra Nevada World Music Festival held at the Mendocino County Fairgrounds. Special agent Nishiyama observed Hughston exchanging certain pills for money at the festival and followed him out. After observing another exchange, Nishiyama called for assistance and two other deputies arrived and arrested Hughston. While he was being arrested, Hughston was asked by the deputies where the rented Hummer that he admitted to be driving around was. Hughston responded saying it was parked in the parking lot at which point Nishiyama proceeded to locate and search the vehicle. There he found 800 more pills, “a couple pounds” of mushrooms, marijuana, and a quarter pound of cocaine.

Hughston challenged the court’s decision to find him guilty of the charges based on what he and his attorney felt were multiple errors by the deputies and the court. The deputies didn’t read Hughston his Miranda rights when he was being arrested and as a result of that they were able to locate his vehicle, search it, and find the majority of the illegal substances. The court ruled this to be a violation of Hughston’s Fourth Amendment rights and reversed the Mendocino County Superior Court’s decision.


Hughston was fortunate to have a qualified criminal defense attorney to inform him of his rights and help identify which ones were violated by the deputies on the day of the arrest. The court made a mistake in convicting Hughston and his defense attorney was there to recognize that mistake and fight for the decision to be reversed. An experienced attorney will be able to recognize these violations of citizen’s rights and fight for your freedom.

Wallin & Klarich has over 30 years of experience in criminal defense and are ready to get you the help you need in resolving your criminal matter. Call us 24 hours a day 7 days a week at 1-888-749-0034 and speak to an aggressive and experienced lawyer. Also visit us on the web at California Criminal Defense Attorneys - Orange County DUI Lawyers.
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Old 01-05-2010, 07:34 PM   #31 (permalink)
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Your lucky your max sentence is only 2.5 years dude. A QP of shrooms here is probably 5-10. Let alone contributing to the delinquency of a minor, yikes.

I hate to break it to you but if a cop finds something illegal on you or a passenger they have every right to search your car man. Normally a cop wouldn't just say "can I search your car?", there must have been something that tipped him off. Maybe he saw the beer can bulging from your buddies pocket.

Did you smoke in your car at all that day?

Hate to say it but when it comes to searching cars cops can do it with or without reason these days really.
Good questions but the last sentence quoted is wrong. This is America not a police state.
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Old 01-06-2010, 05:31 AM   #32 (permalink)
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as far as probable cause if he smelled weed he could search your car without a warrant. . .
Exactly.

With the three magic words, " I smelled marijuana" your 4th amendment rights will go out the window. Why do you think the police want it to remain illegal, it's their magic golden key!
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Old 01-09-2010, 08:45 PM   #33 (permalink)
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Cops love it when you dont know your rights! It sends them on a power trip. Back in the day.... I was gonna teach my girl how to drive so i took her to this empty parking lot at like 1 in the morning. I leave the car running, we switch seats, and i begin to explain shit as i see the cops pull up behind us.

He walks up, asks what were doing. Asks if she has a license. No. permit? No. He then calls for backup, I have no idea why. Then they both give us this big speech about how anyone without a permit shouldnt even be behind the wheel even when i car is parked. Then they proceed to search the car, without asking. and so on....

my bad for ranting on there.


Hope all works out for ya man. Keep your head up through all this. I would talk to the lawyer and see about the evidence being tossed maybe

good vibes
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Old 01-23-2010, 04:48 PM   #34 (permalink)
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the case was dismissed on jan. 13th on supression of evidence, based on the illegal search and seizure, from lack of a probable cause.
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Old 01-23-2010, 04:54 PM   #35 (permalink)
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so $7,000 and $500 of missing drugs later, i am a free man, and nothing ever happened.
i can now resume my life, with less paranoia and more caution in my actions. a valuable lesson was learned. dont do drugs, stay in school, and if the man says you cant do something and you do it anyway, you can try to bribe him with your money.

...now how can i make that money back is the question
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Old 01-23-2010, 05:07 PM   #36 (permalink)
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sell drugs and get caught like a dope
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Old 01-23-2010, 10:46 PM   #37 (permalink)
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Good for you man, I glad you it all worked out. I hope you learned a lesson. Open beers should not be in the car...
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Old 02-17-2010, 07:31 PM   #38 (permalink)
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yeah, it wasnt the open containers that caused the extensive search. they found the empties after they searched the trunk.
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Old 02-18-2010, 07:40 AM   #39 (permalink)
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well congrats on beating it
the 7 grand was worth it
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