Possession W/Intent in Mississippi

[needshelp2004]

"...Maybe you missed your calling and should be rich and famous on that beach drinking adult beverages ...."

And, with my luck, as soon as I plopped my scrawny butt down in the beach chair, there would be a tsunami!

Don't feel bad, that would be my luck also ...

 

[CdwJava]

Wow, really??? I am from Hawaii and and over there they had what was known as "Green Harvest" where a special team of Officers located places of cultivation in feilds and backyards and then they just came in a Van and w/o so much as knocking on the door entered the yard, dug or tore the plants out of the ground, put them into plastic bags, and left w/o so much as giving out a ticket. That was a little over 10 years ago, I don't know what they do now. Weird how each state does things differently. Thank God I don't indulge in ANY of those extracurricular activities, I'm just high on life ...

We have CAMP (Campaign Against Marijuana Plantation) that does much the same thing ...but, I think it is gradually fading into oblivion. Now, local resources along with the state seem to be doing it. My small county recovers a ton of the stuff every year ... but, a full third of my county is a National Forest, so there is plenty of land to grow on ... and the Mexican Nationals (illegals) are coming her to grow it ... and they tend to like shooting at the deputies.

But its a harmless drug.

- Carl

 

[seniorjudge]

"...am from Hawaii and and over there they had what was known as "Green Harvest" where a special team of Officers located places of cultivation in feilds and backyards and then they just came in a Van and w/o so much as knocking on the door entered the yard, dug or tore the plants out of the ground, put them into plastic bags, and left w/o so much as giving out a ticket...."

The fourth amendment to the constitution of the United States put some restrictions on the government's ability to search and seize stuff.

What you're talking about here is the open fields exception. There is no search (it's in an open field) so even though there is a subsequent seizure, this is not even a fourth amendment question.

There are other places not protected by the restrictions of the fourth amendment.

But what most cops, lawyers, and, yes, even judges, do not understand is that for a fourth amendment question to even come up, you need a SEARCH and a SEIZURE. If one of those is missing, you do NOT have a fourth amendment question.

Maybe another kind of question, but not a fourth amendment question.

 

[Florid-aise]

Due process that question, SJ.

 

[needshelp2004]

We have CAMP (Campaign Against Marijuana Plantation) that does much the same thing ...but, I think it is gradually fading into oblivion. Now, local resources along with the state seem to be doing it. My small county recovers a ton of the stuff every year ... but, a full third of my county is a National Forest, so there is plenty of land to grow on ... and the Mexican Nationals (illegals) are coming her to grow it ... and they tend to like shooting at the deputies.

But its a harmless drug.

- Carl

I can relate, on the North shore of Oahu there is a lot of pineapple fields and it's very country so many people grow their "pakalolo" on public property and out in the fields. The outer islands have it much worse as they have even more vegetation than Oahu.

Shooting deputies over Marijuana, wow, it's that serious to them huh? Worth another human beings life??? That's a sad commentary on where we as human beings have placed our priorities.

Harmless drug??? I don't want the bus driver taking my children to school to be high on this so called "harmless drug" or the teacher who teaches them, or the doctor who treats them, etc. etc. etc. Or the Police Officer who patrols my streets to enforce the laws and keep my babies safe ...

 

[needshelp2004]

SJ,
I know in Hawaii back a few years they needed NO search Warrant, "green Harvest" was a regular visitor to the people who rented the house down the street. I grew up in a pretty affluent neighborhood and evreyone in the neighborhood were basically "owners" of their homes except them. They stood out and we basically watched in amazement as the Officers raided the back yard and pulled up 100's of plants on a very regular basis. I actually still have pictures of the plants ... We as children would climb down into the drainage in the back yard of their side of the street and atch as the process was occurring. We were "kids" and the Police were our "idols" in those days, not target practice ... Is my age showing???

 

[Florid-aise]

This looks like it may be the 2003 rules and codes, but some help can be had here. (*alas, a place to start from).

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=12667224530+1+0+0&WAISaction=retrieve

It looks like 1550.1 - is the winner you are looking for. Be sure to see the rest of this section (higher and lower numbers) for some especially exicting news as to who else knows about these type of extraditions, say, the Gover-nator, for example.

 

[needshelp2004]

This looks like it may be the 2003 rules and codes, but some help can be had here. (*alas, a place to start from).

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=12667224530+1+0+0&WAISaction=retrieve

It looks like 1550.1 - is the winner you are looking for. Be sure to see the rest of this section (higher and lower numbers) for some especially exicting news as to who else knows about these type of extraditions, say, the Gover-nator, for example.

It's a miracle ...
I FINALLY received a phone call from the Public Defender. I guess he got tired of the harassment.

He says there is NO abstract warrant since my SIL waived extradition and that he has NO information on my SIL case since he only did his extradition arraignment.

I took the opportunity to give him an earful and he agreed something wasn't right. He also said that MS has a total of 30 days from the date of arraigment to come and pick him up (Thank You CdwJava) the time spent incarcerated prior to that date isn't counted towards the 30 and if you refused to waive your right to extradition NONE of the days count towards ANYTHING. Not even time served.

When the PD found out he's still here and his court appearance is Monday he said "It doesn't look like MS is coming for him and I don't think they will". He explained that as of right now all the MS D.A. has had to do is say "he's wanted" and San Diego has to hold him for the 30 days. Once those 30 days have passed the D.A has to go in front of a Judge to be able to have San Diego hold him longer and they will have to state the case against him. If they're "investigating" they probably needed the time to check into it but won't want to look stupid in front of the court and have to say "Oops".

He also said he may put me in front of the Judge to explain all the information I received and all the "ROAD BLOCKS" and "BRICK WALLS" I have come up against. (Good Call Florid-aise) He was particularly interested that the court in MS has "No Warrant" out for him and says he "IS NOT" wanted.

Also to those of you who are curious as to the statute of limitations ... Yes there are statute of limitations but they DO NOT run if you are not in the state you are being charged in ... meaning that since my SIL never lived or stayed in MS the statute of limitations has never started ticking ...

Am waiting for a phone call from my SIL right now so will keep you ALL posted on what's going on. I'm hoping we get in front of the Judge Monday and then I can give him an earful too.

The PD also said that his having served time and being on supervised parole will help back up the habeas corpus if it gets to us having to file for one for MS not giving him his right to a "speedy trial", he said MS cannot have waited 6 years to decide to prosecute, the case would be thrown out in court, he would have been denied his "due process".

One last thing, I would like to THANK ALL OF YOU, between everyone here I have gotten so much "GOOD" and "CORRECT" information. It's not over yet, so please continue to "keep up the good work" and give me your advice and suggestions.I truly appreciate the input.

 

[Florid-aise]

What I couldn't tell you earlier (because I was concentrating so hard), is while leaning back in my chair - I was using my Men-Tell Tell-epathy to tell the CA PD to call you. I wasn't sure that it would reach that far, but hey, it worked didn't it?

 

[needshelp2004]

What I couldn't tell you earlier (because I was concentrating so hard), is while leaning back in my chair - I was using my Men-Tell Tell-epathy to tell the CA PD to call you. I wasn't sure that it would reach that far, but hey, it worked didn't it?

I knew it was YOU!!! The PD told me it took a while to get the message as you forgot to address your Men-Tell Tell-epathy directly to the San Diego PD. It had to cover a lot of ground here in Cali before it got to the right person in the right office ... . Thank You Sooo Very Much for your effort but PLEASE next time you decide to use your powers of persuasion could you address it DIRECTLY to the right office???

He actually said he didn't think MS would be coming for him. He said usually if a inmate doesn't get moved in the first 10 days the chances of them coming for him get slimmer and slimmer with each passing day. He believes, like a few of us, that the D.A. in MS "investigated" and hopefully came across the information to verify the case was dismissed. The P.D. said if he got the information he wouldn't want to embarass himself by admitting a mistake was made and would opt for the 20 to 30 days to run it's course and just let the whole thing go, therefore NEVER having to say "I'm Sorry" or admitting to ANY mistake. Which is quite upsetting to me as I think my SIL deserves more than an "I'm Sorry". He has lost his job among other things and I think SOMEONE should be held accountable. And SOMEONE will be if it's the last thing I do. I may be small but "I'm Small & Tough, Mighty & Strong, and I WILL beat ANYTHING that comes along". But, I'll deal with that when the time comes, right now I just want them to release him so he can try to pick up the pieces and get back to his life.

Until then, could you please keep those powers of yours sharp and the thought waves open for me??? I could use all the help I can get. Oh, and by the way if things go the wayu they are suppose to then it looks like I won't need to go to MS. Damn, I was Sooo looking forward to it.

 

[needshelp2004]

What I couldn't tell you earlier (because I was concentrating so hard), is while leaning back in my chair - I was using my Men-Tell Tell-epathy to tell the CA PD to call you. I wasn't sure that it would reach that far, but hey, it worked didn't it?

P.S.
Yes it worked, it worked beautifully.

Would you consider leaning back in that chair again and "concentrating really hard" for me so you could tell me what to expect next???

I have really enjoyed the intellectual and enlightening conversations, if this case ends I might just have to find some stranger who has a case and needs help "investigating" just to keep in contact ...

 

[needshelp2004]

I just returned home from visiting my SIL and he is in high spirits and is looking forward to his court appearance hoping it will finally help clear things up. I am feeling pretty good about his court appearance also. I do however have a few questions I'm hoping some of you can help me with.

If the PD puts me in front of the judge what exactly do you think he'll ask me or want to know? I am VERY excited about possibly getting the chance to give him an earful and also hoping it will help "light a fire under someone's butt".

Do we demand that the PD file a habeas corpus? On which grounds? Double Jeopardy? Holding him w/o a charge? Or do we ask for a motion for a dismissal because of delay in prosecution?

Why do you think they haven't bothered to come for him??? He is housed with all the other so-called fugitives and he is the only one that hasn't been picked up since going to court on December 20th. All the other inmates that went to court with him and even after him have already been transported. Everyone that's with him now are all new arrests. What do you think the delay is???

 

[Florid-aise]

P.S.
Yes it worked, it worked beautifully.

Would you consider leaning back in that chair again and "concentrating really hard" for me so you could tell me what to expect next???

I have really enjoyed the intellectual and enlightening conversations, if this case ends I might just have to find some stranger who has a case and needs help "investigating" just to keep in contact ...

Why, you mean your daughter's case in MS is not gonna keep us in stiches, uh..hummm, errer, I mean enthralled? LOL

I cannot recall if was Arkansas or Mississippi that a local similar story occurred but I do recall that rather than do the morally correct thing and informing the local authorities the detention was no longer needed (which also happens to be admitting the mistake which generates the wrongful detention), but the demanding state did not arrange transport and the fella had to wait out his total number of days in order to get booted-out on the technicality. I sure don't want to give you false hope, but should there be no immediate cure on Monday, then you might better prepare for the hold time to expire.

As for the Habeas, you already asked all the right questions there, and the local PD will know what else to tell in it.

 

[needshelp2004]

Why, you mean your daughter's case in MS is not gonna keep us in stiches, uh..hummm, errer, I mean enthralled? LOL

I cannot recall if was Arkansas or Mississippi that a local similar story occurred but I do recall that rather than do the morally correct thing and informing the local authorities the detention was no longer needed (which also happens to be admitting the mistake which generates the wrongful detention), but the demanding state did not arrange transport and the fella had to wait out his total number of days in order to get booted-out on the technicality. I sure don't want to give you false hope, but should there be no immediate cure on Monday, then you might better prepare for the hold time to expire.

As for the Habeas, you already asked all the right questions there, and the local PD will know what else to tell in it.

I'm hoping this is my LAST encounter with the law, ecspecially MS law ... I suppose we'll have to find something else to keep us in stitches, I mean enthralled ... I'll have to find something to entertain us, I've gotten used to your morning posts that always make me smile ... Although I may still need help, it is no longer 2004 so I thought since we've gotten to know each other so well at my SIL's expense I should tell you the names Teresa ...

The PD does not seem to think my SIL will be going anywhere and I hope he is right. If he makes it to court Monday morning then Cali will ONLY hold him for an additional 10 days and then they will release him, that is if they don't release him Monday.

I wouldn't doubt if it were MS, the PD said it has happened there before. And yes he also said in order for the DA not to have to admit to a mistake they will usually just let it run its course.

Regardless of what happens, this is not the last that MS has heard of me. Like my SIL said "my MIL may be only 5ft and a little thing but shes got that german temper and comes across like a hurricane". I don't let things go, it's not in my nature. Ok so I may have a few minor issues regarding my temper ... All I know is I want somebody to step up, admit the mistake and be held accountable. I will DEMAND it one way or the other.

 

[ENASNI]

Egads nails to the nub

I am on tenderhooks here, I live in San Diego and its close to 4:00!

I want to know what happened!!
Jeesh I need a life...