CH> In case you weren't aware of it Rich, the burden is always
CH> on the state.  YOU don't have to prove anything.  Finding
CH> out what a substance is constitutes an important element in
CH> preparing any criminal  prosecution and establishing
CH> probable cause.
RW>Not always.  Look into confiscation of property THOUGHT
  >to be drug profits.  It is up to YOU to prove it isn't
  >and to get the property you have to post a bond equal
  >to the value of the property.
Not really, Rich.  The way such property is confiscated is more 
CIVIL in nature and not subject to the same limitations as criminal
proceedings.  We were talking about initiating a criminal prosecution
and establishing probable cause..........criminal prosecution against
a person; and not a civil seizure of property pursuant to statute.
I will concede though that I am not happy with the confiscations.
CH> In this situation, I would not have a problem.  If I believe
CH> her story.......and it's reasonable to assume that it's
CH> true....... she really is only technically in violation of
CH> the law and probably innocent by reason of no criminal
CH> intent (depending on the wording of the statute.
RW>But yet you are comfortable arresting her?  Putting a
  >felony arrest and conviction on her record.  And
  >because of the ZT there would probably be a minimum
  >sentence so now you have a technically guilty but
  >really innocent in jail.
No, Rich.  The scenario you depicted doesn't really neccessitate
a conclusion that there is probable cause to believe that she committed
a crime.  It's that old "mens rea" thing again, Rich.,
CH> Selective enforcement for the sake of being selective
CH> against a certain group of people because of their race or
CH> religion is unconstitutional. So much for that.
RW>The race/sex/religion has nothing to do with the point.
  >The point is they were "just following orders".
Orders probably "illegal on their face" and which any responsible 
officer should be loathe to carry out.
CHARLES HUNTER
 * 1st 2.00 #9124 * Forget everything, as one day everything will forget you.
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