Drug possesser , does he have a right to defend ?

This is a discussion on Drug possesser , does he have a right to defend ? within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by SIXTO I'd tell you that an police officer is not a public servant. He is a servant of the judicial branch of ...

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Thread: Drug possesser , does he have a right to defend ?

  1. #31
    Distinguished Member Array morintp's Avatar
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    Quote Originally Posted by SIXTO View Post
    I'd tell you that an police officer is not a public servant. He is a servant of the judicial branch of government. Now go off and pay your taxes, and get your own damn water.
    LOL. But I paid so much in taxes this year that the government should hire me my own personal waterboy.

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  3. #32
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    Quote Originally Posted by morintp View Post
    LOL. But I paid so much in taxes this year that the government should hire me my own personal waterboy.
    Me too. Between my salary, my wifes salary investments and my side business, I think I just paid for half of RI.
    "Just blame Sixto"

  4. #33
    Distinguished Member Array morintp's Avatar
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    I got a settlement this year, and the government took more than my lawyer. That's pretty sad.

  5. #34
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    Quote Originally Posted by morintp View Post
    I got a settlement this year, and the government took more than my lawyer. That's pretty sad.
    No doubt. It drives me nuts. We are way off topic though.
    "Just blame Sixto"

  6. #35
    Distinguished Member Array morintp's Avatar
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    I realized how far we went OT after my last post. Whoops.

    So, back to the topic....

    It seems that if you went to a home that the owner shot a BG busting in, and the owner in all the confusion forgot to hide his personal dime bag before you got there. Would you ignore it? Charge him for possession? At what point would you think that the weed played a part in the crime?

  7. #36
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    Quote Originally Posted by morintp View Post
    I realized how far we went OT after my last post. Whoops.

    So, back to the topic....

    It seems that if you went to a home that the owner shot a BG busting in, and the owner in all the confusion forgot to hide his personal dime bag before you got there. Would you ignore it? Charge him for possession? At what point would you think that the weed played a part in the crime?
    Well, there would have to be some evidence to suggest that the robbery was drug related. You can pretty much tell right away. If it is clear that it is not, and the only thing the victim had was his dime bag, I'd let it go. I tend to be more of a libertarian than a lot of my coworkers.
    "Just blame Sixto"

  8. #37
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    Since the shooter apparently possessed distribution quantities of weed , the possibility of the guys breaking in were after it is considerable. This is not a probably a PD call, but the Prosecutors office.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


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  9. #38
    Distinguished Member Array morintp's Avatar
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    Quote Originally Posted by SIXTO View Post
    Well, there would have to be some evidence to suggest that the robbery was drug related. You can pretty much tell right away. If it is clear that it is not, and the only thing the victim had was his dime bag, I'd let it go. I tend to be more of a libertarian than a lot of my coworkers.
    Well, at least some LEOs use their judgement on things like this. Personally, I think common sense in some cases is better than pure "black and white" rules. Thanks for the info. I think I've beat this dead horse enough.

  10. #39
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    Quote Originally Posted by Janq View Post
    Disagreed, but only due to the specifics of the circumstance.

    The drug dealer was attacked at/in his residence, his home.
    He is a criminal and he does not argue that but at the same time he is still a citizen and is allowed protections by law which include the right to defend himself at/within his home. Castle Law.
    If this had happened at a warehouse or some other location that was 1) Not on his own property or 2) Not specifically at/within his place of residence, then I'd say too bad Tom those are the breaks.

    Regardless of ones occupation/career choice and where they might practice their trade they are still allowed to defend themselves when assaulted as prey and this is key because it's exactly what occurred so say the victim and and the victimizers. Further that the attack went on at his home unless there is some caveat in law in his states Castle Laws specific to residences and residents of locations where criminal enterprise is ongoing then I'd say he's right to invoke his right toward self defense. Further if it cannot be proven that he conducts business out of his home entertaining clients there and just grows his unlawful crop there, then it cannot be said that the crime of he being attacked was a direct result of his business as he does not normally do business nor entertain clients at his residence.

    Take away the word marijuana and plug in the words 'Nigerian e-mail scammer'. Both are illegal.
    If he were an e-mail scammer attacked at his residence from which he may also generate his professional revenue and if no other components of the situation changed then there would be no question at all that he'd be lawful to defend himself upon being attacked at/within his property and home.

    The State Police were wrong as he states to arrest him and let the attacking trio remain free, if that indeed is how things occurred.

    - Janq

    P.S. - For the record I do not support nor use recreational/illegal drugs, including marijuana. Nor am I normally or generally pro drug dealer. But in this case per the circumstances I agree witht he drug dealer, he was wronged twice. Once by the scheming attackers and a second time by his states law enforcement.
    All well and good, except since when is back shooting defending oneself?

  11. #40
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    Quote Originally Posted by Puppy View Post
    All well and good, except since when is back shooting defending oneself?
    It can be in some circumstances, the only time its an absolute no no is in a western.
    "Just blame Sixto"

  12. #41
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    Quote Originally Posted by Puppy View Post
    All well and good, except since when is back shooting defending oneself?
    In TEXAS that could be 'defending one's property'.
    And I do believe according to Texas Law, it's legal.

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  13. #42
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    This is one of those cases where there is no answere that will be correct in everyone's mind and probably in no one's mind before it is over. I see all sides and really can't decide. To throw another scenario in what if someone knocks on your door at 3am and you shoot through the door killing him. Some are going to say that it falls under the castle doctrine and justifiable but that is questionable if you never checked to see who was at the door. But it turned out that it was someone who robbed you of your TV a few nights before that had a change of heart and was trying to return it. That could get very messy.

  14. #43
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    Since both robbery and possesion of 'for sale' amounts of pot are felonies, all parties involved are at least guilty of the use of a firearm in the commission of a felony.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  15. #44
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    I think he has every right to defend himself, just not with a firearm. As it appears he had distribution quantity of marijuanna in his home, and he was in his home at the time of the incident, he was committing a felony just by sitting there picking his nose. Now we have him posessing a firearm while committing that felony which in most states is another charge plus you can throw in the federal stuff to boot. He should have just whacked the guy with an axe!
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  16. #45
    VIP Member Array Sticks's Avatar
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    Quote Originally Posted by rocky View Post
    Since the shooter apparently possessed distribution quantities of weed , the possibility of the guys breaking in were after it is considerable. This is not a probably a PD call, but the Prosecutors office.
    But we do not know what else was in the house. The guy might have had one heck of an ET system, art collection, coin collection...

    Was the house in the ghetto, or a nice neighborhood?

    We are focusing so much on the marijuana (just like the media wants us to) that we are probably missing a great deal. Is there a medical marijuana law where this guy lived? Is he a provider? Was it marijuana or hemp (BIG difference)?

    The guy has been robbed several times in the past and evidently the cops have done nothing, yet he reported knowing he has the farm? Is the farm a new thing? Did the cops know about the farm and did nothing about the robberies, because they could not do anything about the farm?

    All we have here is the media spin on the matter, and we are playing right into their hands.
    Sticks

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