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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-11-2005, 11:41 AM
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Join Date: Jul 2005
Posts: 2
Unhappy

shoplifting with a twist


undefinedWhat is the name of your state?washington

I am helping someone do some pro se and am stuck. he was
stopped for shoplifting searched and when searched the employee found controlled substance. they held on to it for over 30 minutes and was out of sight ect.. The police came and searched him again. then the employee turned over the C.S. and they released him. later they charged him with Vucsa. I thought that the employee could only detain him and since searched and seized that they could not file on him for that. If this is indeed true, i cant find case law supporting it. is this true? thanks so much!
  #2  
Old 07-11-2005, 11:56 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,779
Quote:
Originally Posted by AnnWaState
undefinedWhat is the name of your state?washington

I am helping someone do some pro se and am stuck. he was
stopped for shoplifting searched and when searched the employee found controlled substance. they held on to it for over 30 minutes and was out of sight ect.. The police came and searched him again. then the employee turned over the C.S. and they released him. later they charged him with Vucsa. I thought that the employee could only detain him and since searched and seized that they could not file on him for that. If this is indeed true, i cant find case law supporting it. is this true? thanks so much!

**A: you should be smart enough to realize that you have no idea what you are doing and you should be responsible enough to tell this someone to hire their own attorney. Why would you be helping a druggie anyway?
  #3  
Old 07-13-2005, 09:09 AM
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Join Date: Jul 2005
Posts: 2
Thumbs down

Thank you for your kind reply. I will help about any person because it is a kind thing to do. You obviously should never have anwered my question. not that you did at all . negative feed back is assnine! People like you are terrible and very un christian. but god bless you for your pea brain note. pleae if your going to ridicule save it for some one who gives a **** buddy. dont answer any ones posting like this ever. be real!
  #4  
Old 07-13-2005, 09:26 AM
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Location: California
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Quote:
Originally Posted by AnnWaState
I thought that the employee could only detain him and since searched and seized that they could not file on him for that. If this is indeed true, i cant find case law supporting it. is this true? thanks so much!
You thought wrong.

The employee is not an agent of the state so he can act as he wishes. If he broke the law in some way, then that is a seperate cause of action against the employee.

However, the employee had good cause to search your friend for stolen goods or weapons, so unless WA state law specifically prohibits this from happening there is no foul. And even if the law says he can NOT search someone, the evidence would still be good and the employee would be subject to the seperate action.

Had the police come, they could have searched him and they would have found the dope as well. So the only difference is that he did not have a chance to hide the dope.

EDIT: And HomeGuru was right ... your friend needs an attorney. Attempting to fight a case like this 'pro se' is a good way to hear a guilty verdict and to get the maximum time possible.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 07-13-2005, 09:37 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,779
Quote:
Originally Posted by AnnWaState
Thank you for your kind reply. I will help about any person because it is a kind thing to do. You obviously should never have anwered my question. not that you did at all . negative feed back is assnine! People like you are terrible and very un christian. but god bless you for your pea brain note. pleae if your going to ridicule save it for some one who gives a **** buddy. dont answer any ones posting like this ever. be real!

**A: thanks for posting. It further confirms that you have only a grade school education since you obviously can't spell simple words and have atrocious grammar.
  #6  
Old 07-13-2005, 09:39 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,779
the ony twist is your brain.
  #7  
Old 07-13-2005, 09:57 PM
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Join Date: Nov 2002
Location: Deeeeeep South
Posts: 629
Quote:
negative feed back is assnine! People like you are terrible and very un christian. but god bless you for your pea brain note. pleae if your going to ridicule save it for some one who gives a **** buddy. dont answer any ones posting like this ever. be real!

Now, now, now... that's not a very Christian attitude to take, turn the other cheek and all that! Now, I want you to apologize to HomeGuru and give yourself fifty lashes with a piece of rusty barbed wire (that thin, real sharp, Japanese manufactured kind). By the way, what else did you learn in WCCW??
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