TIP: Click on subject to list as thread! ANSI
echo: askacop
to: CHARLES HUNTER
from: RICH WILLBANKS
date: 1998-03-17 22:56:00
subject: zero tolerance

CH> drugs.  However, absent some other indication that you were
CH> in such possession and faced with a reasonable claim that
CH> they are legal drugs authorized by a  prescription I would
CH> have one big hole in my probable cause if I didn't check out
CH> your story.  Now if you just sit there and invoke the fifth
CH> amendment.......that's a different story.
RW>HUH!  I thought failure to consent to a search or
  >refusing to answer possibly incriminating questions
  >couldn't be used to support PC.  But what do I know. .
CH> You are correct.  However, in the situation described above
CH> when you are found in possession of the drugs, probable
CH> cause exists absent some explanation that would establish 
CH> the legality of your possessing them.  Moreover, you do not
CH> have to answer incriminating questions in order to state to
CH> the officer: "I have a prescription for those drugs from XYZ
CH> pharmacy issued by Dr. Smith".  If you do have that
CH> prescription there is nothing in that statement to 
CH> incriminate you.  If you don't, then you'd be well advised
CH> to keep your mouth shut.
So if I exercise my right I go to jail. . .great system
we have ain't it. 
                      Remember:  Freedom isn't Free!
--- timEd-B11
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* Origin: My BBS * Dover, TN * (1:379/301.1)

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