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Judge Criticizes Portsmouth Police In Drug Case
the champlain channel .com ^ | 7.4.03 | The Associated Press.

Posted on 07/05/2003 11:19:39 AM PDT by freepatriot32

PORTSMOUTH, N.H. -- A judge in Portsmouth Wednesday acquitted a Maine man of drug charges, calling a police search that led to the arrest an outrageous violation of constitutional rights.

Portsmouth District Court Judge Sharon DeVries refused to allow certain evidence to be used and cleared 20-year-old Joshua Eastman, of South Portland, Maine, of marijuana possession.

He was arrested after police responded to a noise complaint at an apartment in January, stood outside the door for about a half hour and heard what they said sounded like juveniles talking about drugs and alcohol. After no one answered their knocks, officers kicked in the door and discovered Eastman, several teens and an adult.

Eastman said one officer pointed a pistol at his head and held him in a chokehold while demanding to know where the group had marijuana. When Eastman didn't answer, they searched the apartment, found a gram of marijuana and arrested him.

Eastman's lawyer said police had plenty of time to get a search warrant but didn't. The state said a warrantless search was justified.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Philosophy; US: New Hampshire
KEYWORDS: case; criticizes; drug; in; judge; police; portsmouth; wodlist
Eastman said one officer pointed a pistol at his head and held him in a chokehold while demanding to know where the group had marijuana.

wouldnt yah think that would kinda be a violation of Eastmans fifth amendment rights also not just 4th ? hell he's damn lucky he didnt get shot on the face for not answering the questions from a rogue cop murder is defacto legal in this country now a days as long as you have a badge and a gun because some commrades are a LOT more equal then others thanks to the war on some drugs

1 posted on 07/05/2003 11:19:39 AM PDT by freepatriot32
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To: *Wod_list
Ping
2 posted on 07/05/2003 11:22:01 AM PDT by chance33_98 (http://home.frognet.net/~thowell/haunt/ ---->our ghosty page)
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To: freepatriot32; *Wod_list
"When Eastman didn't answer, they searched the apartment, found a gram of marijuana and arrested him."

All this over enough pot to make a doobee, and a small one at that.

3 posted on 07/05/2003 11:24:23 AM PDT by Vigilantcitizen (game on in 10 seconds....)
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To: freepatriot32
Portsmouth seems to have a lot of this stuff going on. I have seen several articals related to heavy handed cop stuff in the papers.
4 posted on 07/05/2003 11:39:26 AM PDT by Little Bill (No Rats, A.N.S.W.E.R (WWP) is a commie front!!!!,)
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To: freepatriot32
1 gram is what 1/28th of an ounce. That was some righteous pot ring they broke up there. If ya assume that the pot was $50 a quarter ounce... this was $7 worth of marijuana.

I want to see the police press conference picture where they show off the fruits of their bust.

5 posted on 07/05/2003 11:44:40 AM PDT by dogbyte12
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To: dogbyte12
I want to see the police press conference picture where they show off the fruits of their bust.

They probably already smoked it :) When I was a deputy I took a small bag of pot off an inmate and reported it to my cpl. He took it, and when I asked about filing a report he said not to bother, he would take care of it....

6 posted on 07/05/2003 11:56:15 AM PDT by chance33_98 (http://home.frognet.net/~thowell/haunt/ ---->our ghosty page)
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To: chance33_98
Reminds me of yesterday. When we were kids, local cops would confiscate our fireworks and use them for their own backyard display.

Luckily, one year, the kid of the cop invited me over. That was some show.

7 posted on 07/05/2003 11:58:49 AM PDT by dogbyte12
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To: chance33_98
He took it, and when I asked about filing a report he said not to bother, he would take care of it....

A few years back in a local town something like 16 pounds of confiscated pot came up missing from police evidence.

Aw well, as they say...
easy come, easy go.

8 posted on 07/05/2003 12:27:54 PM PDT by Reaganwuzthebest
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To: freepatriot32
Who wants to bet this officer of the law is hard at work today instead of locked up for violating these citizen's rights?
9 posted on 07/05/2003 12:39:47 PM PDT by PaxMacian (Gen 1:29)
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To: freepatriot32
lawyer said police had plenty of time to get a search warrant but didn't. The state said a warrantless search was justified.

Justified? On what grounds? Warrant or no warrant, since when does "hear[ing] what they said sounded like juveniles talking about drugs and alcohol" constitute probable cause for a search of somebody's home?

10 posted on 07/05/2003 12:43:57 PM PDT by Sandy
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To: Little Bill
And the press names the victim, but not the cop. Also no apperent follow-up in a discplinary hearing for the cop.
11 posted on 07/05/2003 12:46:23 PM PDT by eno_
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To: PaxMacian
Well sure, except for the "hard at" part. I'd bet there's a stack of unexecuted default warrant involving real crimes like burglary (and that's only for the pitiful few they solve) sitting in a PD filing cabinet.

They'll get to them, right after SWAT training, a donut run, a speed trap, and - my personal fave - sitting there with two squad cars parked side by side with the cops gabbing.
12 posted on 07/05/2003 12:49:46 PM PDT by eno_
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To: Reaganwuzthebest
Wouldn't happen to be like the Sussex, New Jersey police department getting disbanded because they snorted , smoked, and resold or such all the evidence in the drug locker?
13 posted on 07/05/2003 1:04:20 PM PDT by Darksheare ("Clinton honesty for sale, write your own and Hill will take credit for it, cheap.")
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To: eno_
I was in court one time waiting for a Lawyer friend who was defending a DWI case, the guy is a street lawyer, solid Republican, makes a living. The defendant refused a brethalizer after he was pulled over on a sticker violation, the guy was shot down, not on saftey, environmental.

In Mass you have to justify a stop, the cop pulled the guy over, did not run a safty check or could not prove one, rejection sticker or not, the judge went ballistic over probable cause, I looked in the paper the next day never saw a name, Of the cop.

14 posted on 07/05/2003 1:05:34 PM PDT by Little Bill (No Rats, A.N.S.W.E.R (WWP) is a commie front!!!!,)
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To: Darksheare
Wouldn't happen to be like the Sussex, New Jersey police department getting disbanded because they snorted , smoked, and resold or such all the evidence in the drug locker?

This happened in NY State, but it didn't turn out to be that bad. The police just said the pot got accidently put in the incinerator and that was the end of it.

15 posted on 07/05/2003 1:12:47 PM PDT by Reaganwuzthebest
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To: eno_
Don't get me started. Last week I got a speeding ticket 50 in a 35 on a road that has been 40 my whole life and they just changed it. As I approached a fly over on a 4 lane two way road, a car came straight at me fast from a firestation across all the lanes as I was in the far right. I gassed it a little since he was coming right at me. Yet, he passed me just as we got to the top of the fly over. Just past the bottom of the flyover was the motorcycle cop with his gun. He stepped into the middle of our two lanes and proceeded to stop us both but when he saw it was a fireman in the other car he stepped back into my lane and let him go. I doubt he could have gunned us both, and the fireman was passing me fast and driving unsafely but I get to pay his $146 ticket.
16 posted on 07/05/2003 1:16:36 PM PDT by PaxMacian (Gen 1:29)
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To: Reaganwuzthebest
Let me guess: they use small handheld incinerators so as to be able to verify chain of custody?
17 posted on 07/05/2003 1:30:19 PM PDT by eno_
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To: Reaganwuzthebest
Ah yes, the backroom incinerator probably.
A certain police department in New Jersey, close to the one already mentioned, burned a huge field of pot they found... and stood downwind from it.
The things that go on these days..
18 posted on 07/05/2003 1:30:21 PM PDT by Darksheare ("Clinton honesty for sale, write your own and Hill will take credit for it, cheap.")
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To: eno_
Yes, I have seen those. Sometimes made of glass, sometimes wood, and sometimes metal. They are the most controlled way to dispose of the demon weed. As great Americans, we all need to do our part to eradicate this scourge, and hand held incinerators are a good way to do that. Load, pack, FIRE!
19 posted on 07/05/2003 1:44:37 PM PDT by KCmark (I am NOT a partisan.)
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To: Darksheare; eno_
Ah yes, the backroom incinerator probably.

It was quite a while ago, I can't really remember the full story on it. But it would take a while to "burn" 16 pounds one pinch at a time. My guess was if anything sinister did happen it was probably sold. But then again you never can tell, I've heard of several cops losing their jobs over intoxication problems.

20 posted on 07/05/2003 1:50:49 PM PDT by Reaganwuzthebest
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To: Reaganwuzthebest
High stress job, no doubt about that.
My brother in law is a cop.
And some of the things he sees drives him up the wall.

The Sussex New jersey cops kinda snorted, smoked AND sold all the evidence. 16 pounds would have gone real quick with those guys. But, that was them.

I don't envy them their jobs, especially considering some of what I've seen myself. Those boys deal with all kinds of crap.
But smoking the evidence is too far.

Yes, several cops here in New York recently lost their jobs due to public intoxication on the job. All quietly though.
21 posted on 07/05/2003 1:54:40 PM PDT by Darksheare ("Clinton honesty for sale, write your own and Hill will take credit for it, cheap.")
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To: Darksheare
And some of the things he sees drives him up the wall.

The larger the city the worse it gets. If I was going to be a cop it would be in a small town. Scum is everywhere, but the less I see the better.

22 posted on 07/05/2003 2:17:19 PM PDT by Reaganwuzthebest
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To: Reaganwuzthebest
My brother in law has to deal with 'supervisors' who negate the job of chief of police.
So he's gone off and asked them 'why have a chief of police if you guys keep countermanding me?'
So far, he hasn't gotten an answer to that one yet.
But they've taken the power of hire from him, the supervisors make decisions as to who gets hired or not now.
23 posted on 07/05/2003 6:15:56 PM PDT by Darksheare ("Clinton honesty for sale, write your own and Hill will take credit for it, cheap.")
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To: jmc813
ping
24 posted on 07/07/2003 6:38:52 AM PDT by MrLeRoy (The legitimate powers of government extend to such acts only as are injurious to others. - Jefferson)
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To: Wolfie; vin-one; WindMinstrel; philman_36; Beach_Babe; jenny65; AUgrad; Xenalyte; Bill D. Berger; ..
WOD Ping
25 posted on 07/07/2003 7:36:41 AM PDT by jmc813
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