Your argument is one of the exclusion of evidence gathered as a product of an unlawful search!!Quote:
Quoting Scofield
This the Exclusionary rule I refered to, applicable to the states. You can argue your constitutional authorities with the court.
Unlawful Possession of Marijuana
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01-09-2009, 04:08 AMBORRe: Unlawful Possession of Marijuana
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01-09-2009, 04:40 AMcyjeffRe: Unlawful Possession of Marijuana
How was the search illegal?
They consented to the entry... and then told the cops where the stuff was.
Our young friend wants to pull out Black's and believe he has the right to smoke pot in the dorm because he really really wants to..
He is wrong...
However, if you wish to help him look like a moron in court, feel free to do it without me.
Oh, and kid, do you really think you are trying something new?
Search for the user "daniel"... he used the same argument... of course, we haven't seen him in, what, a year?
You will have to go back quite a while. -
01-09-2009, 04:45 AMcyjeffRe: Unlawful Possession of Marijuana
By the way, nice research on the LvT ruling... I forgot about that. You got me.
Doesn't stretch to the use of illegal drugs. But nice research. -
01-09-2009, 04:47 AMBORRe: Unlawful Possession of MarijuanaQuote:
Quoting cyjeff
I never meant to imply the search was unlawful.
I only meant it to tell the poster if he maintains this as a basis, he must constitutionally prove it. -
01-09-2009, 05:58 AMcyjeffRe: Unlawful Possession of Marijuana
Exactly.
I would also caution the OP against saying, "The high tech bong I was using to smoke the pot prevented smell."
That may add more charges to his tale of woe.
Op, let me ask you this... if this was a realistic defense, why do you think it hasn't been tried before? Do you really think that you came up with something that the thousands of lawyers (not to mention NORML) that try these cases on a daily basis wouldn't have brought forward?
Really? -
01-09-2009, 08:14 AMTHEAMAZINGCHANRe: Unlawful Possession of Marijuana
"The high tech bong I was using to smoke the pot prevented smell."
guess not? did the pipe salesman tell you that? :rolleyes:
true there is no burning of vegetative matter or smoke but...
VAPORS HAVE ODORS TOO. (ever been to a gas station?)
600.00 dollars in pipes? and no .99 cent can of air freshener from the dollar store? :wallbang: -
01-09-2009, 08:16 AMTHEAMAZINGCHANRe: Unlawful Possession of Marijuana
Jeff i hope you get this joke:
yes Jeff the op does think its different now that he has comcast digital voice!Quote:
Quoting Jeff
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01-09-2009, 02:23 PMScofieldRe: Unlawful Possession of MarijuanaWhere do you see anything about "Congress shall have the power to make laws regarding drugs and intoxicating substances?" I do not see it, thus Congress has NO right to make laws (1937 federal marijuana ban) dealing with intoxicating substances.Quote:
Section 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Now you may make an argument stating that Congress has the right to "regulate commerce," yet NOT ONE argument to pass the 1937 Federal Marijuana ban mentioned commerce. Thus, the Federal ban on marijuana has been unconstitutional since day one, and according to Marbury v. Madison it is null and void as it violates the Constitutional. Prove me wrong.
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The individual State laws are unconstitutional as well, for the fact that according to West Virginia Board of Education v. Barnette, and I quote,
The New York State Legislature of 1927 had no right to vote on the banning or marijuana, nor would they have a right to vote on the matter today.Quote:
One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote;
My right of life (and liberty) allows me to do with my life, as I choose, as long as I am not harming any other individual's rights in the process. The State's had no right to vote whether or not people could use mind-altering substances, nor can the States vote on whether or not an individual can self-medicate. Banning marijuana violates both of those fundamental rights.
- NYS ConstitutionQuote:
No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state
I posted (earlier) the excuses the government used in their passing of marijuana legislation. Their excuses were blatantly race driven, and according to the constitution, that is UNCONSTITUTIONAL.
How much more must I show you before you finally understand?
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Quote:
[Preamble] We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.
People v. RugglesQuote:
"The people of this state, in common with the people of this country, profess the general doctrines of Christianity as the rule of their faith and practice, and to scandalize the author of these doctrines is not only, in a religious point of view, extremely impious, but, even in respect to the obligations due to society, is a gross violation of decency and good order. . . . The free, equal, and undisturbed enjoyment of religious opinion, whatever it may be, and free and decent discussions on any religious subject, is granted and secured; but to revile, with malicious and blasphemous contempt, the religion professed by almost the whole community is an abuse of that right. Nor are we bound by any expressions in the Constitution, as some have strangely supposed, either not to punish at all, or to punish indiscriminately the like attacks upon the religion of Mahomet or of the Grand Lama, and for this plain reason, that the case assumes that we are a Christian people, and the morality of the country is deeply engrafted upon Christianity, and not upon the doctrines or worship of those impostors."
-Church of the Holy Trinity v. United StatesQuote:
These, and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation
-BIBLE, Genesis 1:29-30Quote:
Then God said, "I give you every seed-bearing plant on the face of the whole earth and every tree that has fruit with seed in it. They will be yours for food. And to all the beasts of the earth and all the birds of the air and all the creatures that move on the ground--everything that has the breath of life in it--I give every green plant for food."
Religious rights be damned? -
01-09-2009, 02:38 PMcyjeffRe: Unlawful Possession of MarijuanaYes, I did get it.Quote:
Quoting THEAMAZINGCHAN
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01-09-2009, 02:42 PMcyjeffRe: Unlawful Possession of MarijuanaAgain, do you really think that you are stumbling upon the silver bullet that makes the possession of illegal drugs legal?Quote:
Quoting Scofield
You are incorrect. The Food and Drug Administration regulates drugs that can be used safely and in what quantities and prescribed by whom.
Grass didn't make the list... EXCEPT in certain jurisdictions and THEN only by DOCTORS.
You didn't mention your medical degree....
The constitution grants the legislative branch to make laws that regulate our lives... and they do every day.
For instance, show me in the constitution where murder is illegal. Or how about drunk driving? Child molestation? Cyberstalking? Rape? The creation of a nuclear device?
The founding fathers assumed that state and local governments would make those laws as necessary going forward to make our lives better, to regulate commerce and to provide a criminal code.
To date, that criminal code includes direct references to illegal drugs.
You lose.