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03/20/2024

4th amendment seizure of person
4th amendment seizure of person
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Unreasonable searches and seizures
Under the Fourth Amendment, law enforcement cannot perform “unreasonable searches and seizures”1. This includes seizure of one’s person, such as an arrest. The Fourth Amendment prohibits arrest or detention without a warrant or probable cause1. A seizure of a person, within the meaning of the Fourth Amendment, occurs when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will2.
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What is a seizure of a person under the Fourth Amendment?
A seizure of a person, within the context of the Fourth Amendment, occurs when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at their will.
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Can someone be sedated to either ride out the effects of a seizure while unconscious or to reduce the symptoms?
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Yes. The benzodiazepines are some of the most effective drugs in the treatment of acute seizures, such as diazepam, lorazepam or and midazolam.
Q&A: Seizures

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Can a person be seized under the Fourth Amendment?
Second, the person being seized must submit to the authority. An individual who ignores the officer’s request and walks away has not been seized for Fourth Amendment purposes. An arrest warrant is preferred but not required to make a lawful arrest under the Fourth Amendment.
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States can always establish higher standards for protection of searches and seizures than what is required by the Fourth Amendment, but states cannot allow conduct that violate the Fourth Amendment.
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02/15/2024

i am not ignorant of the games people play i just pay attention, secret conversations, going to the store deviate end up somewhere else and all you bring back is a lie; i am not slow, if the shoe fit put the mo********er on. once my mind adapt to a situation the rest will follow , you are then fu**ed for real it is what it is.

10/01/2023

Once again welcome to COMBATINJUSTICE.

In the state of South Carolina legal system there is a thing that the prosecutors use as the bargaining chip they will charge you with a crime that dont match the elements of the offense in order to get a plea, but in truth they can only charge you with a lessor included offense.
here is a true incident that recently happened to a dear family member of mine / friend. my friend one day chose to come out of her comfort zone to be with a guy she met at her place of employment so a conversation lead to other things, unfortunately things went north when the guy go back to work and disclose all her personal business embarrassing her and eventually he got physical with her and slammed her to the ground and assaulted her, she had no other means to getting this guy off of her but to reach for her knife and began swinging wildly to get this guy off of her that was twice her size and weight. She left the job and days later she is charged with attempted murder is this a legal charge?

01/07/2021

Definitions of branches of The United States Constitution

1. Legislative: A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country, or city.

2. Executive( government): The executive is the branch of government exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces law.

3.Judiciary also known as the judicial system, judicature, judicial branch, judiciative branch, and court of judiciary system. It is the system of courts that adjudicated legal disputes and interprets, defend and applies law in legal cases.

06/17/2020

Two missing female George Floyd protesters from Florida were found dead by police who have charged a 49-year-old man with killing them.

06/13/2020

WHAT IS A GREATER INJUSTICE THAN TO BE SYSTEMATICALLY DESTROYED BY OUR GOVERNMENT

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01/12/2019

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11 charts that show ma*****na has truly gone mainstream

By Christopher Ingraham
April 19, 2017

Different strains of ma*****na flower on display at the Sparc dispensary in San Francisco, California. (Sonya Yruel/Drug Policy Alliance)
Many ma*****na users hide their stash in their closets. Most people who use ma*****na are parents. There are almost as many ma*****na users as there are cigarette smokers in the U.S.

Those facts and many more are among the conclusions of new survey from Yahoo News and Marist College, which illustrates how pot has become a part of everyday life for millions of Americans. Here are 11 charts that explain how and why.

1. Nearly 55 million adults currently use ma*****na

More than half of American adults have tried ma*****na at least once in their lives, according to the survey. Nearly 55 million of them, or 22 percent, currently use it — the survey defines “current use” as having used ma*****na at least once or twice in the past year. Close to 35 million are what the survey calls “regular users,” or people who use ma*****na at least once or twice a month.

Those numbers are larger than what we see in some other surveys. A Gallup poll released last year found that more than 33 million adults identified as “current” ma*****na users, although it didn't specify a time frame the way this survey did. The latest federal survey on drug use found about 33 million adults used ma*****na in the past year, considerably lower than the Marist poll's 55 million figure.

But those federal numbers are from 2015, while the Marist poll was conducted last month. Considering four more states have legalized ma*****na since the federal survey was done, attitudes on use may have changed enough that more are comfortable admitting their use to a survey.

Survey mode is another potential factor: The Marist poll was done via phone, while the federal survey involved interviewers speaking with people in their homes. Considering ma*****na remains fully illegal at the federal level, people may simply be more comfortable admitting their use to a voice at the end of a phone line than a representative of the federal government.

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Regardless, 55 million people is a staggering number. It would mean that there are nearly as many ma*****na users as there are cigarette smokers (59 million).

How ma*****na legalization in Washington, Colorado and Oregon is working out so far
What we can learn about legal ma*****na from Washington, Colorado and Oregon. (Daron Taylor, Danielle Kunitz/The Washington Post)

2. Support for recreational ma*****na may not be as robust as it seems

Public opinion surveys consistently show that support for ma*****na legalization hovers around 60 percent. But most of those surveys don't ask respondents what, exactly, legal ma*****na means to them — they just ask whether ma*****na should be legal or not.

The Marist survey asked about medical and recreational ma*****na separately. It found that about 83 percent of Americans say they support medical ma*****na, in line with what other national surveys have shown. But respondents were closely divided on the question of “legalizing the use of ma*****na for recreational use” — 49 percent support it, 47 percent oppose.

That lines up with a detailed breakdown of the legalization issue in a survey by the Associated Press and the National Opinion Research Center last year, where 61 percent said they supported legalization, but 24 percent of those supporters clarified that they only supported medical use.

3. People who have tried ma*****na are much more approving of it than those who haven't

Prior ma*****na use is one of the biggest predictors of support for recreational ma*****na legalization. Fully 70 percent of Americans who have tried ma*****na at least once support legalizing recreational w**d. Only 26 percent of those who haven't tried it say the same.

In short, people who have experience using ma*****na generally think it should be legal. This has potentially significant implications for the national legalization debate: As ma*****na becomes legal in more states, more people will try it. This could lead to greater support for legalization, even more states legalizing, more people trying it, and so on.

4. Most Americans think smoking w**d is 'socially acceptable'

Regardless of whether they support legalization or use it themselves, 56 percent of Americans say that using ma*****na is “socially acceptable,” compared to 42 percent who say it isn't. Again, there's a big split here between people who've tried it (74 percent say it's acceptable) and people who haven't (37 percent).

Majorities also said it would make no difference to them if they learned that their doctor, clergyman, favorite athlete, favorite celebrity or children's schoolteacher used ma*****na in their personal life. Americans do, however, disapprove of parents smoking pot in front of their kids: 79 percent say they would have less respect for such a person.

5. Americans say w**d is less risky than to***co, alcohol or painkillers

By a margin of 72 percent to 20 percent, Americans say that regular alcohol use is more of a health risk than regular ma*****na use. The margins for to***co (76 to 18) and prescription painkillers (67 to 20) are similar.

But the public is split on whether pot is a risk in and of itself: 51 percent say using ma*****na is a health risk, while 44 percent say it is not. Like any drug, there are indeed serious risks associated with ma*****na use: addiction, long-term health problems, driving impairment, you name it. While it's true that the risks associated with ma*****na are generally lesser than the risks of using alcohol or other drugs, that doesn't mean that it's “safe,” full-stop.

6. Ma*****na's legal status isn't a huge barrier to use

Asked why they don't use pot, 27 percent of ma*****na abstainers cited its illegality. But the rest pointed to a host of other reasons: 26 percent said they simply don't like it. 16 percent said they don't use because it's not healthy. Others said that it would interfere with work or school or that they simply had no desire to use it.

These numbers are mirrored in another question: Asked whether they would use ma*****na if the federal government legalized it nationally, only 28 percent said they'd be likely to do so. The rest said the legal change wouldn't make much of a difference in their behavior.

This points to a simple reality: Ma*****na is already the most ubiquitous illicit drug in the country, rivaling legal drugs like to***co in popularity. For most people who want to use it, getting hold of some pot is simply a matter of trip to the darkweb, or Craigslist, or a call to a friend-of-a-friend.

7. Most ma*****na users are millennials

Fully 52 percent of the country's 55 million pot users are millennials. Majorities of ma*****na users are male, make under $50,000 a year and lack a college degree. Only 14 percent of current users are Republicans, and over two-thirds supported Hillary Clinton in the latest presidential election.

Interestingly, millennial ma*****na users appear to be the most conflicted about their use: 25 percent of them say they've felt “guilty” about their ma*****na habit, compared to only 17 percent of non-millennials. That brings us to the next point:

8. Few people want to admit they use ma*****na just for fun

This is one of the survey's most interesting findings: asked why they currently use ma*****na, only 16 percent of smokers said it was “just to have fun.” The rest cited a variety of utilitarian reasons: 37 percent said they used ma*****na to relax; 19 percent said they do it to relieve pain, 10 percent said it helps them be social.

If there's any group in society who do something “just to have fun,” you'd think it would be ma*****na users. The stereotypical image of the “stoner” is the guy blazed out of his mind on his couch, eating Funyuns and giggling at his TV.

But most users don't see themselves this way. For them, ma*****na is less about recreation and more of a product that fulfills a specific need in their life: relaxation, or pain relief, or social lubricant.

9. Where people hide their stash — dressers, fake cans or tins, or locked containers

Roughly four in 10 ma*****na users hide their stash from others. Among those who hide their pot, the dresser (20 percent) is the most popular place of concealment, followed by fake cans, containers or books (11 percent), in safes or locked containers (11 percent) and the closet (8 percent).

Astonishingly, 3 percent of ma*****na users keep their ma*****na in their cars. If you're familiar with the practices of highway drug interdiction you know this is a terrible idea. Drug task forces routinely use minor traffic infractions like busted taillights, failure to turn or speeding as a pretext for searching for contraband in a person's car, often with the aid of a drug-sniffing dog.

Ma*****na users say hide their stashes to keep it away from the prying eyes of children, law enforcement and parents/grandparents, respectively.

10. More than half of ma*****na users are parents

According to Marist, 54 percent of adults who use ma*****na are parents. A majority of those parents — 16 million of them — have children under the age of 18.

Childhood exposure has been a big talking point for opponents of ma*****na legalization. States like Colorado have seen an uptick in the incidence of small children inadvertently eating ma*****na edibles and having to go to the emergency room. In raw number terms, however, these cases are still very rare. Nationwide, poison control centers get calls for pediatric exposure to ma*****na and alcohol at identical rates once you control for the total number of users of both substances.

In the Marist survey, 94 percent of ma*****na-using parents of underage kids say they've never used it in front of their kids or shared it with them.

11. Most people are open about ma*****na use with their family and friends.

Ma*****na users are very open about their habit with their significant others (95 percent of users have told them) and close friends (95 percent again). 72 percent have told their parents about their ma*****na use, and 60 percent have told their kids.

Some families even t**e together — 21 percent of users have either smoked ma*****na in front of their parents or shared a joint with them. Among older users with adult children, 35 percent have smoked with or in front of their kids. Over 60 percent of users have done so with their close friends.

Millennials are the most social pot users — only 25 percent of them typically smoke alone. The rest usually share with significant others and friends. Older pot users are more likely to smoke alone: 40 percent of the over-35 crowd usually use ma*****na by themselves.

* * *

Hungry for more? Check out the survey report for yourself and let me know what strikes you as interesting.

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05/20/2017

Supreme court cases: insufficiency of evidence.
As we find Wrights second point is dispositive, we need not to address his first point. In his second point on appeal wright argues that the circuit court erred in overruling his motion for acquittal because the evidence was insufficient to support the conviction. Wright contends that the evidence did not show that Wright had knowledge of the presence of ma*****na on the premises and that he excercied control over it. (STATE V. WRIGHT, 445 S. W. 3d 623 (M. O. APP 2014).

02/11/2017

Legislative act-A"legislative act" is an act of the legislative department of the government,by which the law,to be applied in future cases under particular states of fact,is established in the form of statute,ordinance,resolution,or other written form. SMITH V. STROTHER,8P.852,68CAL.194,196,197.

02/11/2017

"LAW" A law is an act,enactment,or statute,prescribed by the legislative power; a rule ordained and made known by the legislature, for the government of the people in the state,which they are bound to obey;the declared will of the legislature. PEOPLE V. COLLINS,3 MICH.343,406.

02/11/2017

Definitions,distinctions,nature,and source of statue law. A statue is generally defined or described as the written will of the legislature,solemnly expressed according to the forms necessary to constitute it the law of the state(John P.King Mfg.Co. V. CITY COUNCIL OF AUGUSTA, GA.,48S.CT.489,490,277 U.S.100,72 L.ED.801. THE TERM"STATUTE"IS USED BROADLY TO DESIGNATE THE WRITTEN LAW IN CONTRADISTINCTION TO THE UNWRITTEN LAW,AND SUCH DESIGNATION IS USED TO DISTINGUISH A STATUTE FROM THE UNWRITTEN OR COMMON LAW,lex non scripta,as discussed in COMMON LAW SECTION 1.

08/10/2016

In addition here is another tool to use in favor of justice in this prison system.
In 24-1-210.it states"the department shall prosecute all violations of the law in reference to the treatment of convicts".
Note: it is the department of corrections binding duty to prosecute those who violate the law that governs this department that involves the treatment of convicts the correction officers is not exempt from prosecution; the key word us shall which means binding in the language of the law.these statutes that is quoted is in the south carolina code of laws.

Thank you feed back will be highly appreciated in order to obtain the right remedy. Lets fight this fight for those that is not able to fight for whatever reason.

From the founder of combat injustice Rodney young.

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