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Thread: arrested for OC while intoxicated

  1. #1
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    arrested for OC while intoxicated

    Post-conviction edit: I'm making the audio public again, and making previously unseen video public.

    http://www.youtube.com/watch?v=ESv-39IT1QY

    At the end there are links to my dash cam video of the initial fishing expedition search and the second search for inventory (wherein the most obvious video camera is tampered with).
    Last edited by Yard Sale; 07-11-2012 at 01:46 AM. Reason: transcript

  2. #2
    Regular Member Nevada carrier's Avatar
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    Omg gun gun gun gun gun gun gun gun gun gun gun gun gun gun gun gun gun gun!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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    So, yard sale, where you in fact inebriated at the checkpoint?

    I have my own answer but I believe you where the one who named this thread.

  4. #4
    Regular Member Dreamer's Avatar
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    When are you submitting the paperwork for the Federal 1983 suit?
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    Quote Originally Posted by JoeSparky View Post
    So, yard sale, where you in fact inebriated at the checkpoint?

    I have my own answer but I believe you where the one who named this thread.
    He probably should not answer that question. However, the results of the tests are known to the cops and the prosecutors, so posting them here will tip no one's hand.

    The conversation leads me to believe that the driver knew there was no way that he was over the legal limit. Still, I can't formulate any judgment until I know the BAC.

  6. #6
    Founder's Club Member protias's Avatar
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    I am so glad these are illegal in WI.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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    Regular Member SGB's Avatar
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    That is all kinds of wrong.

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    Angry

    Quote Originally Posted by JoeSparky View Post
    So, yard sale, where you in fact inebriated at the checkpoint?
    Yeah Joe I was drunk off my ass that's why the jailer's eye's widened upon viewing the PAS device and went back and got a second one and then the A/O dropped the alcohol charges like a hot potato. (Nevada has a malicious prosecution law.)

    I regret taking the PAS tests after the blood test. Then I would have been booked for DUI and possession of a firearm while intoxicated and there would be more of a paper trail. They whitewashed the alcohol charges.

    Look in the Nevada forum and you'll see my story about how they contrived to smell alcohol at another suspicionless roadblock.

    Quote Originally Posted by Dreamer View Post
    When are you submitting the paperwork for the Federal 1983 suit?
    Send lawyers, guns, and money. Don't forget the state civil suit and the state criminal charges. I count a couple felonies and a boatload of gross misdemeanors and vanila misdemeanors.

    I was arraigned Thursday for obstructing and lack of insurance. Some city attorney looked at the arrest report and said, yeah, I'll file this. (Edit: No, the city attorney likely never saw it; the cop filed the complaints all by himself.) I have yet to see the arrest report or blood test. I hope the blood test doesn't disappear like my camera and notebook. (Edit: I got the arrest report. It took a long six weeks for the blood test results to get to my attorney. I still haven't heard a word in response to my theft report.)
    Last edited by Yard Sale; 05-03-2011 at 01:13 PM.

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    Regular Member rodbender's Avatar
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    Quote Originally Posted by eye95 View Post
    Still, I can't formulate any judgment until I know the BAC.
    Uh, the cop said he was dropping the 2 alcohol charges and adding one for no insurance. I doubt he was over legal limit.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Regular Member AZkopper's Avatar
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    This is why I am 100% against DUI checkpoints. Without RAS or PC for any detention, officers have to 'wing it' to try to accomplish what they are told to do (namely, stop cars and contact drivers for DUI investigations). Officers feel they have the authority to 'do what is necessary' and treat a checkpoint stop like a traffic violation stop, without the legal backing of a traffic stop.

    Now, I don't know if YardSale was as dry as a north Texas county, or if he had partook of a small amount of alcohol, just to 'get the odor' of alcohol on him, with the intention of going through the checkpoint (the tape and commentary are conspicuously silent on that--while mentioning he took 2 Prelimenary breath tests in jail) [sort of like a reverse-entrapment].

    The officer's reaction to the gun, in an open carry state (and CC state) was so over the top ridiculous as to be worthy of Reno 911.

    Were he dry, then the officers stepped on themselves, and he'll be getting a check.

    If he had an odor of alcohol on him, then this is all just a waste of bandwidth.

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    Quote Originally Posted by AZkopper View Post
    This is why I am 100% against DUI checkpoints. Without RAS or PC for any detention, officers have to 'wing it' to try to accomplish what they are told to do (namely, stop cars and contact drivers for DUI investigations). Officers feel they have the authority to 'do what is necessary' and treat a checkpoint stop like a traffic violation stop, without the legal backing of a traffic stop.

    Now, I don't know if YardSale was as dry as a north Texas county, or if he had partook of a small amount of alcohol, just to 'get the odor' of alcohol on him, with the intention of going through the checkpoint (the tape and commentary are conspicuously silent on that--while mentioning he took 2 Prelimenary breath tests in jail) [sort of like a reverse-entrapment].

    The officer's reaction to the gun, in an open carry state (and CC state) was so over the top ridiculous as to be worthy of Reno 911.

    Were he dry, then the officers stepped on themselves, and he'll be getting a check.

    If he had an odor of alcohol on him, then this is all just a waste of bandwidth.
    This is why I am asking for the BAC. Without my knowing the BAC, I cannot make the judgment necessary to decide whether or how I will help.

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    Quote Originally Posted by JoeSparky View Post
    So, yard sale, where you in fact inebriated at the checkpoint?

    I have my own answer but I believe you where the one who named this thread.
    For the record, I have absolutely no doubt that you were 100% stone cold sober!

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    "Send money and lawyers."

    Fascinating how the camera turns up missing...
    It takes a village to raise an idiot.

  14. #14
    Regular Member AZkopper's Avatar
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    Quote Originally Posted by JoeSparky View Post
    For the record, I have absolutely no doubt that you were 100% stone cold sober!
    And I have absolutely no doubt that six armed green aliens live on the fifth planet orbiting Beta Hydri, but without proof, it's just an uniformed opinion.

  15. #15
    Regular Member rodbender's Avatar
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    Well, one thing is sure. The cop screwed the pooch when he said he smelled alcohol because ethanol is odorless. He should have said that he smelled alcoholic beverage.

    I've seen it in court and the prosecuting attorney got his ass handed to him when the cop repeated it to the defense attorney. Then an expert witness got on the stand and explained that all alcoholic drinks are made with ethanol and ethanol is odorless. OOPS!!
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Quote Originally Posted by AZkopper View Post
    And I have absolutely no doubt that six armed green aliens live on the fifth planet orbiting Beta Hydri, but without proof, it's just an uniformed opinion.
    Which is why if I state the date I most recently consumed alcohol prior to this encounter, it's just opinion to you. (And I can only give a month, not an exact date.) I wanted to put the blood results in this video but I don't have them yet. When I subpoena the blood results, I'll post them. And not just the alcohol but whatever else the A/O threatened me with in jail. He said he's holding my gun as evidence in case the blood test shows alcohol or drugs. Good thing I hadn't eaten a poppy seed muffin or bagel in a while.

    How do you like that? We'll force you from your vehicle, steal your property, steal some blood under threat of violence, then if your blood checks out OK we'll give your property back. (Edit: Blood checked out but property hasn't been returned!)

    They'll probably demand a Brady check when the gun is released from evidence. I plan to get a court order demanding the release of my property. Then if they don't release it without a Brady check I'll tell the judge they are in contempt of his order. I have to do this pro se. I am a broke-ass wage slave and can't afford counsel for my criminal defense, let alone an attorney for a counter attack.
    Last edited by Yard Sale; 05-03-2011 at 01:15 PM.

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    Regular Member AZkopper's Avatar
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    Yard Sale, I will take you at your word that you were stone cold sober and dry as a north Texas county. I was refering to speculation without any statement on your part, or reason to believe one way or the other. If I were you, I would try to find a good civil rights attorney who will work for a cut of your winnin's instead of an up front fee.

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    Nobody has to talk to the police at a DUI roadblock - what is going on with these police officers?

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    Quote Originally Posted by protias View Post
    I am so glad these are illegal in WI.
    Really? Roadblocks are illegal in Wisconsin?

  20. #20
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    Quote Originally Posted by Yard Sale View Post
    They'll probably demand a Brady check when the gun is released from evidence. I plan to get a court order demanding the release of my property. Then if they don't release it without a Brady check I'll tell the judge they are in contempt of his order. I have to do this pro se. I am a broke-ass wage slave and can't afford counsel for my criminal defense, let alone an attorney for a counter attack.
    Consider NOT suing to get thegun back - sue for violation of your due process rights - when the police seize your property, it;s on THEM to provide you due process - notice and opportunity to be be heard re the seizure. File under 42 USC 1983 just for the due process violation - will drive them nuts. As long as they have the gun, you are in charge. Hopefully you can find an attorney willing to take the case on contingency. Your case will force Nevada police departments who do not respect due process rights to start doing so. Unless state law requires polices to conduct a background check to give back your property, i do not see how they can prevail in making you do so.

  21. #21
    Regular Member Nevada carrier's Avatar
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    My guess is the charges will all be dropped when they begin to feel their temple come crashing down. The last thing they want is case law saying that these police state road blocks are unconstitutional.

  22. #22
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by AZkopper View Post

    Now, I don't know if YardSale was as dry as a north Texas county, or if he had partook of a small amount of alcohol, just to 'get the odor' of alcohol on him, with the intention of going through the checkpoint (the tape and commentary are conspicuously silent on that--while mentioning he took 2 Prelimenary breath tests in jail) [sort of like a reverse-entrapment].
    No such thing as a "civilian" entrapping police. And I feel there is nothing wrong with "civilians" setting up and catching "Law Enforcement Officers" breaking the law. Just my thoughts on the "revers-entrapment" phrase.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  23. #23
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    No such thing as a "civilian" entrapping police. And I feel there is nothing wrong with "civilians" setting up and catching "Law Enforcement Officers" breaking the law. Just my thoughts on the "revers-entrapment" phrase.
    What a novel idea, the employer evaluating their employee to make sure they are correctly performing their job.

  24. #24
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Nevada carrier View Post
    My guess is the charges will all be dropped when they begin to feel their temple come crashing down. The last thing they want is case law saying that these police state road blocks are unconstitutional.
    I believe the US Supreme Court has upheld DUI checkpoints. In other words they are Constitutional.

    Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)
    Last edited by color of law; 01-02-2011 at 12:33 PM.

  25. #25
    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Mike View Post
    Really? Roadblocks are illegal in Wisconsin?
    Under state law.

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