yeah, if one of you fess's up, the other one can usually go free. good luck, just when u were doing good tony.

 

pleade insanity.

 

GENERAL LAWS OF MASSACHUSETTS
PART I.
ADMINISTRATION OF THE GOVERNMENT

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TITLE XV.
REGULATION OF TRADE

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CHAPTER 94C. CONTROLLED SUBSTANCES ACT

Chapter 94C: Section 32A Class B controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc.

Section 32A. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class B of section thirty-one shall be punished by imprisonment in the state prison for not more than ten years, or in a jail or house of correction for not more than two and one-half years, or by a fine of not less than one thousand nor more than ten thousand dollars, or both such fine and imprisonment.

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section thirty-one of this chapter under this or any other prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than three nor more than ten years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of three years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

 

"SO he makes us get out.. searches me... i have a wallet and cell phone on me... thats all... doesnt read me my rights... doesnt give me a breathalizer.. dooesnt do ****.. locks me up... locks my buddy up... "

Why would the officer give the passenger a breathal-Y-zer?

The MIRANDA warnings must be given to a person who is in custody or deprived of his freedom of action in a significant way AND is subjected to interrogation OR its "functional equivalent."

Therefore, to trigger MIRANDA, both custody and interrogation must be present. If either factor is absent then MIRANDA is inapplicable.

I hope this helps!

 

If the cops want to be nice, which obviously they don't, they could let you go 100% if your friend claims everything was his but they're gonna eff you. Go get a lawyer.

 

Yup thats what I said!!

 

After I posted that I forgot who started this thread. Silly me

 

couple of my boyz got pulled ova like a month ago....one hadda cpl ounces of weed on him...he confessed it was his but both got community service...best shot is the miranda rights ..GL

 

Prozak, did the officer give you
MIRANDA while they were booking you at the station?

 

Doesn't matter. He's not incriminated by anything he said, nothing involving his miranda rights mean **** in the case. Even if they did skip it at the station before questioning him, which I doubt they did, it has no impact on the evidence against him.

 

Okay this is what you need to do. Last I knew having an open container in your car was not an arrestable offense. Should just be a citation. Therefore the officers have to ask permission for a search of your person and vehicle. Only the driver can give permision for a earch of the vehicle. If the stuff was in plain view then that's a different story but according to you it wasn't. If it wasn't and they searched you and the vehicle without permission then everything is inadmissable. It would be a violation of your civil rights under the 4th amendment and would have to be tossed. Contact a lawyer immediately. The info is credible since I used to be a cop.

 

For everyone's info a cop doesn't have to read you miranda unless they are going to question you regarding the crime. Anything you say is admissable as long as they don't question you. It's called a spontaneous utterance and is admissable. People get the misconception that your rights have to be read every time, but that is TV land. The best thing to do once the cuffs go on is to keep your mouth shut.

 

But even if Prozak and friend say they didnt give premission for the vehical to be searched isnt it there word against the cop, and concidering what was found upon searching the car will it really matter. Point being its there word againt the cop.

 

That's why he needs to get a lawyer. A prudent person would ask what was the reason for the stop. Speeding. Then open container. Both tickets nothing criminal. So then would ask if the cops got consent for the searches. that's where the lawyer tears them apart.

 

I am just tryin to cover the bases. I have luckly never had to deal with this kind of stuff, so I just ask questions so I know.

 

I hear ya, if I didn't know I would be asking also.

 

you know the answer GET A LAWYER..the only ? i have is why the hell would anybody take prozak for fun, the rest i can understand.