Possession of a "Controlled substance" in Yosemite...

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Messages 61 - 80 of total 109 in this topic << First  |  < Previous  |  Show All  |  Next >  |  Last >>
Ken M

Mountain climber
Los Angeles, Ca
Feb 1, 2013 - 10:56am PT
After this is all over please post the name of this ranger.

Yes, because this action will become known, particularly as a agreed-upon discussion among climbers, and for the rest of their career, they will go OUT OF THEIR WAY to tool any climber they encounter.

Probably their colleagues, as well.

Setting up a "us vs them" type of situation is a very bad idea, when the other side is the only one with guns and a ticket book.
coz

Gym climber
Belmont
Feb 1, 2013 - 11:01am PT
Get your case deferred to Fresno, take my advice.

The Fresno courts laugh at guys being brought in for weed, and will likely let you off with a slap on the wrist.

At your hearing tell them to defer your case, they have to and will simply do it right there.

You're a fool if you don't. Trust me, they will give you a misdemeanor and a big fine, plus probation, in the Valley, it will haunt you for life.

SC.
'Pass the Pitons' Pete

Big Wall climber
like Ontario, Canada, eh?
Feb 1, 2013 - 12:20pm PT
Urgent - check your email.
PerlonHex

Sport climber
Orange County, Ca.
Feb 1, 2013 - 01:52pm PT
At your hearing tell them to defer your case, they have to and will simply do it right there.

Not for misdemeanors they don't.
FRUMY

Trad climber
SHERMAN OAKS,CA
Feb 2, 2013 - 08:25am PT
Ken if they go out of their way to tool climbers, each time they do it & don't find anything & don't write a ticket & have a complaints filled against them it goes on their record & that is the way you get them transferred -- to the Salton Sea.
pyro

Big Wall climber
Calabasas
Feb 2, 2013 - 08:42am PT
in 99' i got busted for having an 1 OZ of durty mexican weed in my haulbag. they dropped the charge for the weed and gave me time for lighting yosemite on fire. ohh well they don't call me pyro for nothing.
Ken M

Mountain climber
Los Angeles, Ca
Feb 2, 2013 - 09:06am PT
Ken if they go out of their way to tool climbers, each time they do it & don't find anything & don't write a ticket & have a complaints filled against them it goes on their record & that is the way you get them transferred -- to the Salton Sea.

Frumy, if you think they won't find something if they want to, you live in a fantasy world. They have all the power.

the first time that they perceive that what you describe is a conspired process, you can guarantee that you will be found to have maryjane in your car, and all your climbing gear will be confiscated.

DO NOT get into a power fight with cops.
BJ

climber
Feb 2, 2013 - 09:21am PT
Way back when, circa about 1978, there was a blurb in Climbing about a active first ascensionist in SW Utah who was busted by the NPS rangers for pocession of marijuana. The probable cause was that the rangers could see marijuana seeds on the floor boards of the offenders car.

I've always wondered how that turned out.

Maybe i'll find out here.
FRUMY

Trad climber
SHERMAN OAKS,CA
Feb 2, 2013 - 04:33pm PT
Ken I never get into a power struggle with law enforcement. I wait till it's over then I attack. I am on the phone to their superiors & then my lawyer is. I have had several Los Angeles Sheriff deputies forced to write me a letter of apology. It is permanently on their record, & they will never get a promotion. In todays world of cellphone cameras they would be out of their mind to plant pot on someone. & most aren't dumb, they aren't going to put their job an the line, much less their freedom.
Ken M

Mountain climber
Los Angeles, Ca
Feb 2, 2013 - 05:56pm PT
Ken I never get into a power struggle with law enforcement. I wait till it's over then I attack. I am on the phone to their superiors & then my lawyer is. I have had several Los Angeles Sheriff deputies forced to write me a letter of apology. It is permanently on their record, & they will never get a promotion. In todays world of cellphone cameras they would be out of their mind to plant pot on someone. & most aren't dumb, they aren't going to put their job an the line, much less their freedom.

That's a fine PERSONAL attitude, though rather near-sighted.

Let me give you the example of a buddy of mine, Bernard. For 20 years in YOUR COMMUNITY, he has been the subject of a nearly weekly traffic stop, that results in no ticket. He drives a nice car, but he belongs to a particular group that can be spotted from some distance.

you are now not posting as an individual, but as a member of a group, climbers. We are talking about stops in the Nat'l park, by federales. IF the federal LEO's think that the climbers, as a group, are setting them up, I shudder to think what can come down on our fellow ST'ers. I doubt that most "have a lawyer" waiting around to do their bidding. And you better worry about cameras, too. Because when you make your exaggerated phone calls, when they don't match the tape, you're fried.
shipoopoi

Big Wall climber
oakland
Feb 2, 2013 - 06:46pm PT
jcory, i have recent experience with this. not sure why you are not being issued a $250 ticket. if you have to go to court, you will likely have a chance to have andras farkus, the public defender, help you out for free. pay the ticket and it should go off your record. it is unlikely you would be able to get it referred to fresno, since you would have to prove there is bias against you from judge seng, a judge you likely have never met, and thus would have no bias against you. a nice plea bargain should be in the works for you, they dont want to take it to trial. ss
Patrick Sawyer

climber
Originally California now Ireland
Feb 3, 2013 - 06:20am PT
shipoopoi, sounds sensible to me, as long as he can get the advice/help of a lawyer like Farkus.
FRUMY

Trad climber
SHERMAN OAKS,CA
Feb 3, 2013 - 02:15pm PT
Ken my community is policed by three departments. The CHP which is a highly trained & disciplined police force. All it takes is a few legitimate complaints from the same group of like people ( bikers ) for example & that officer will be stop from pulling over said group. The LAPD also is a highly trained police force & almost all of them know better. The third the L.A. sheriffs dept. which isn't train well enough & does make dumb mistakes at times, has been under the eye of the U.S. justice dept. for most of the last decade. If your friend documented this harassment & complains to there superiors & tells them he is sending the documentation to the Justice dept. it would stop & the officers involved would be transferred. If he does nothing it will continue.
The two Sheriffs deputies that were stopping me in the Angeles National forest anytime they saw me, now see my truck or me & my dogs & they immediately drive off.
John M

climber
Feb 3, 2013 - 05:06pm PT
pay the ticket and it should go off your record.

shippopi.. do you know this for certain?

I'm not an expert, but I thought that if you paid the ticket, then it goes on your record as a conviction. Paying the ticket means you admit guilt.. And its my understanding that federal records are difficult to expunge. Unless the judge orders it to be expungable after x amount of time.

It would be nice if an expert would comment on this.

A Canadian who won tickets to the super bowl was denied entrance to America because of a 32 year old 2 gram marijuana conviction.

http://sports.yahoo.com/blogs/nfl-shutdown-corner/canadian-man-wins-contest-attend-super-bowl-not-210921980--nfl.html
Toker Villain

Big Wall climber
Toquerville, Utah
Feb 3, 2013 - 06:35pm PT
Well BJ, I remember a case in '78 that happened in Colorado National Monument.

The Chief Ranger untied a backup rope and tossed it over the edge. When the climber, a long haired hippy type who owned no guns, went to talk with the CR, named Henry Schock, he was told (on March 23rd at 10:30am) that the next time he would SHOOT the rope down.
This statement was later confirmed by him to Mike Kennedy, then editor of Climbing.

On March 28, while said climber was on the 2nd ascent of Angular Motion, Schock and another ranger broke into the climbers car, confirmed a stash, then closed it up and obtained a warrant on the basis of "seeds visible".
They didn't know that they had been seen breaking in before obtaining a warrant.

When the climber returned he was taken to lockup and his partner took his car home.

The next morning he was released with a ticket that eventually cost $50.

When he got to his partner's house and looked in the car he found his chamber pipe still loaded and nestled between the front seat and the drive shaft housing. He also found his main stash untouched.
They had only found his "ready" bag, and in their excitement neglected a thorough search!

Oh,... and that business about threatening to shoot at the ropes of a climber that owned no guns,...

Do you think he still doesn't own any guns?

But they DID get $50.

Do you think they still count that one as a win?
NoTokeRedKneck

climber
Feb 3, 2013 - 06:57pm PT
I don't think there should be a issue if you have a real prescription
from a real doctor.

My understanding is that Marijuana prior to CA. was declared a
control substance by US law.

A recommendation is not necessarily a prescription. My buddy knocked
a cop on his ass, I was about to do the same to the other until he
got a badge out. My buddy went to jail I was cited for weed. The cop
was knocked on his ass for being under cover and not id'ing himself
prior to taking a joint from the buddy about 100 lbs larger than the
cop. My Buddy went to Jail I was site released. My Buddy and his
girlfriend who was there showed up at my arraignment to testify I did
not smoke weed and to testify that it was their weed, which it was
and I really don't and didn't smoke weed then. I was fined $10.00
which I took over trial, but past 1999 I would take trial over the
$10.00 fine, especially if you plan on a future home loan from Fanny
Mae or Sally Mae.
HighDesertDJ

Trad climber
Feb 3, 2013 - 08:42pm PT
310 said
Yosemite is one of a very few National Parks that has exclusive jurisdiction. Only Federal laws apply - not California state laws. Some rangers have to enforce laws they do not believe in. Be polite and hope the judge just gives you a lowish fine.


When I lived there there was a rumor that one could request for a hearing to be moved to the related California State court. People often cited that possibility as a loophole for getting more lenient treatment if you were caught in Yosemite with marijuana. I never saw anything to back that up but that seemed to be a popular idea.
NoTokeRedKneck

climber
Feb 3, 2013 - 09:22pm PT
I think it's also a misdemeanor for a small amount under US law, and they
can probably treat it as such as they do with municipal types in state
court though not state crimes, and with a limit I think of around $400.00.

That brings up a interesting legal issue to me about possibly motion for
leave to defend, though I doubt a motion for change of venue other than
for a closer jurisdictional US court would be proper and there's doubt
about motion to defend. Some ICE agents however in OC told me they now
turn prisoners over to state custody with some charges.

It's a CA. state judge who told me about the home loan issues. From what
he said it does not matter if the conviction is in a state court or US
court. If you live close and it's a small amount maybe the motions are
not worth your time and money. If your not guilty US court as I know is a
6 person jury requiring all 6 to agree, and CA. court is a 12 person jury
requiring 9 to agree to render verdicts.
SalNichols

Big Wall climber
Richmond, CA
Feb 3, 2013 - 10:00pm PT
If you accept a misdemeanor fine, your are pleading guilty. You can give up traveling to Canada, the U.K., and most of the E.U. Have fun with that. Trust me, talk with a lawyer before you plead to anything.
Ken M

Mountain climber
Los Angeles, Ca
Feb 3, 2013 - 10:14pm PT
I don't think there should be a issue if you have a real prescription
from a real doctor.


real doctors know that they CANNOT write prescriptions for grass...it is illegal.

Doctors can ONLY write recommendations, at least in CA.
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