Fuck you for being too lazy to search!Link. No? Fuck you.
http://fuckcombustion.com/threads/random-thoughts.19553/page-75#post-1217018
Fuck you for being too lazy to search!Link. No? Fuck you.
Fuck this cop. Kid passes every test with flying colors, DOES A FUCKING BACK FLIP (after the cop asked him to show off some parkour moves), and the cop gives him a fucking DUI! Yes the kid was acting stupid because he was extremely nervous but this pissed me off so bad.
There is no possible way to know if any test was passed from the clip. For the standard FST's, Nystagmus (eye "bouncing" when looking to the side) is a test for many drugs and the size of the pupils and how fast they react to the light also helps define the particular drug. Since they eyes were not shown during the time the officer had the suspect look at his hat, we cannot tell if there was any reaction there. Then, there was the heel-toe walk where only the feet were shown and the beginning of the one-leg lift/look/count where the feet were together on the ground where only the start was shown. In other words, even though it clear the standard field sobriety tests were done, there is NO information in the clip to see how well they were performed.Fuck this cop. Kid passes every test with flying colors, DOES A FUCKING BACK FLIP (after the cop asked him to show off some parkour moves), and the cop gives him a fucking DUI! Yes the kid was acting stupid because he was extremely nervous but this pissed me off so bad.
FUCK that cop.There is no possible way to know if any test was passed from the clip. For the standard FST's, Nystagmus (eye "bouncing" when looking to the side) is a test for many drugs and the size of the pupils and how fast they react to the light also helps define the particular drug. Since they eyes were not shown during the time the officer had the suspect look at his hat, we cannot tell if there was any reaction there. Then, there was the heel-toe walk where only the feet were shown and the beginning of the one-leg lift/look/count where the feet were together on the ground where only the start was shown. In other words, even though it clear the standard field sobriety tests were done, there is NO information in the clip to see how well they were performed.
A fail on the walk or balance test requires three faults. A fault can be something as minor as not precisely following instructions or moving one's arm slightly from your side for balance. Without training, I doubt most would be able to find the faults of a subject's test, even if the video was of a type where things could be seen clearly from the start to the finish.
The cop was good. He was trained and got a lot of cooperation from the suspect. His goal was to see if he can find probable cause the suspect committed a crime other than the speeding stopped for. The cop got close (shook hands) to smell inside the vehicle and what smells comes from the driver's breath and person. He asked for the license and then changed the subject. Why? Alcohol use results in divided attention impairment. This means it is hard to do two things at once. Not under the influence? Most keep getting his license even though the cop gave him another task to do as well. Under the influence? Stop's getting license and tries other task.
I won't even start on the stupid things said by the driver. Sheesh. Don't lie. But a quick, "my attorney would be mad if I answered any questions without him here" is a lot better than admitting smoking marijuana--ever. (It's like saying "just two beers". All it results in an admission to some of the elements the state needs to prove.) Better would be to hike up your shorts and tell him, "I'd like to talk to an attorney before agreeing to anything." But, then the game is fully on.
Finally, the FST itself. On a quick glance (I did not go to case law, just general sites.), AZ is like most of the country in that FST's are not required by law. Usually, only the evidentiary chemical test is required under the implied consent laws. Don't blow into the PBT he's shoving at you. Don't let him stare lovingly into your eyes. Don't agree to do the FST's. None of those things will turn an arrest into a not-arrest, but, they can easily do the reverse.
As @His_Highness wrote:
Like, "A fie on you! Go fucketh thyself!" ?!?!?I wish everyone could go back to insulting each other in Shakespearean tones.
I'm not so quick to call this judge a 'prohibitionist'; he's saying the case was not ripe for adjudication, i.e go back and ask the DEA to change the classification, then when they say no, come back to me to rule on the merits of the case. Alternatively, file an appeal of this decision. In either case, this is not the end of the road for these intrepid plaintiffs. It also sounded like he spoke sympathetically about the plaintiff's use of cannabis as therapy. It can be painful watching the wheels of justice spin...https://www.thecannabist.co/2018/02/26/marijuana-schedule-i-lawsuit-dismissed/100033/
The day will come when the powers that be will be for cannabis and the prohibitionists will be in the minority, losing more battles than they win. There will be powerful lobbyists for cannabis that represent wealthy organizations that stand to lose great deals of money for the sake of prohibition. When that day comes and society looks back at its history it will mock these crooked politicians who made a travesty of legalization and held it back at every level. Their names and reputations will be made a laughing-stock for all future generations.
People will come to wonder how former generations ever lived without cannabis and the stupidity of making it illegal (and the blindness of those who followed and enforced it).
Until that time comes, I wish the prohibitionists all a fond and heartfelt fuck you.
I'm not so quick to call this judge a 'prohibitionist'; he's saying the case was not ripe for adjudication, i.e go back and ask the DEA to change the classification, then when they say no, come back to me to rule on the merits of the case. Alternatively, file an appeal of this decision. In either case, this is not the end of the road for these intrepid plaintiffs. It also sounded like he spoke sympathetically about the plaintiff's use of cannabis as therapy. It can be painful watching the wheels of justice spin...
That said, Totally Fuck You! to the closed minded people and circumstances that for so many stupid reasons made and keep cannabis prohibited.
Better days are surely coming.
I am as fucking frustrated as the next guy with the way this game is played. But if a judge 'takes a stand' and makes a fucking ruling, this does not mean he can't be overturned on appeal, for failing to cite "failure to exhaust administrative fucking remedies," which would only cost even more time churning through the fucking system.I read a prior article where they anticipated that he would make this decision, because it is the easy decision and in fact it just passes the buck. I agree that this judge might not be a prohibitionist but the defendants certainly are and they continue to be protected by the bullshit system. I don't know if it was mentioned in this article or the prior one I read, but it was made clear that this suit occurred now because that request to change classification is a process that can take up to 10 years with the DEA being allowed to drag its feet. This with the knowledge that all prior requests were rejected so how many times must we follow a bullshit process that is totally set-up by the DEA and federal government to stall, deny and mock those seeking legalization. The article also mentions that by the time this request is answered it will mean many very ill people will have already died without the benefit of cannabis.
So is this judge a prohibitionist, maybe yes maybe no.
But all he did was propagate the same problem with no end in sight. If he really was sympathetic then when met with this fork in the road, he could have taken the road less traveled and finally stimulated some real change. Instead he took the cowardly, safe method and passed the buck. So instead of fuck you to him, perhaps it should be thanks for nothing. If better days are coming it will be without his help.