Did you google it before you sent the message? I’m not seeing much that is relevant when I do that (although some of the demonic links look like they might be fun to browse)?
John W. Kennedy said:
It’s not so simple as you think. So far, I keep getting links for “Arrested So and So, a transient, possession of narcotics”.
Tried adding term “legal defense”, got links about Guantanamo and holding the “enemy combatants” there was not a “transient possession”.
So, would you care to help us out?
I do not have access to Lexis and the like, but I believe these illustrate the point.
State v. Phinis, 199 Kan. 472, 482, 430 P.2d 251, 259 (1967).
State v. Flaherty, 400 A.2d 363, 367 (Me. 1979).
People v. LaPella, 272 N.Y. 81, 4 N.E.2d 943 (1936).
It appears that this area of the law is a little on the fuzzy side, probably because so many cases must depend, at least in part, on the defendant’s word. But the general principle is recognized, as it could hardly not be; self-defense, necessity, and similar defenses are all there to keep the legal system focussed on legitimate bad guys, rather than Medes-and-Persians games of “gotcha!”
The next time you’re at an event which is patting people down, look in the background. In most municipalities, if your event is going to enforce the No Weapons, No Drugs, and/or No Incendiaries policy, there are agents and/or officers present from whichever entity required by the municipality to make sure the chain of custody is as short as possible, involving as few lay people as possible. In fact, most of the people doing the confiscating are agents or police anyway, on or off duty for legal/liability reasons. (Imagine searching for contraband and coming across a dime bag before you get to the Glock. Or patting down women CORRECTLY.) That’s why the kid from the McBurgertown isn’t at the door patting you down.) If, for some reason, burger boys ARE at the door, they themselves are supervised and subject to search after their shift by the agents/police.
I went to a small event in LA (500 people) at which searches were being conducted just past the cashier. (Remember, you have to enter into that contract by purchasing the ticket before they can search you.) The word went down the line like a bad cold and within minutes the potted yews along the walls to the door looked like Christmas trees at Macy’s. There were so many bags, bottles, spoons, sniffers, syringes, pipes, mini bongs, joints, and other paraphernalia glistening under the street lights that the feds were eventually alerted and filled a 55-gallon garbage can and went back in for another before I got in. There was a third at the security station which was half full. I was impressed at the thoroughness of the security contingent and the optimism of the crowd entering who were certain that their hiding places were creative enough (or deep enough) to fool the pros. Gods bless them.
Never had a problem sneaking drugs into a concert… Its always been quite easy…
Regarding what you said and what Archaeologue said … there’s places they don’t look.
I’ve seen women sneak things in by hiding them in their bras, men and women by hiding them in the crotch area, or shove something in your shoe in the arch of your foot area. I’ve never, ever heard of someone using their rectal area for sneaking something in to a concert, but I assume that’s not the kind of thing you brag about. (Thinking about the wristwatch scene in Pulp Fiction…)
Some things this won’t work for - a glass pipe will break right away in your shoe. I’ve never tried to sneak in (or even use) a syringe for crying out loud, but a small metallic object in your shoe doesn’t tend to set off the sweeping metal detectors they use at some venues.
[quote=“SeanArenas, post:26, topic:504676”]
Regarding what you said and what Archaeologue said … there’s places they don’t look.
[QUOTE]
Off topic, but a consultant who came to our workplace once mentioned a job he did in a small African country. (Mining jobs). Seems the poorer locals there run around in a loincloth and not much else. Economics being run by the same mentality as most small countries, the local currency was pretty worthless and all paper. He said he exchanged $100US for local currency, and received a stack of bills about 3 inches high.
It seems the smallest denomination is a 50-whatever. They are like nickels or dimes here, but everyone uses them. The locals, having no pockets, stick them in the only handy area, the front (front he said, relatively thankfully?) of their loincloth. In North America you must wash your hands between handling money and food. It is highly recommended over there too, especially with the 50’s.
As a practical matter, if the police made a habit of charging anyone who searched for and confiscated drugs - I would assume “confiscate drugs” would disappear from concert promoters “to-do” lists. The risk of some altercation from drug problems is far less than the guarantee to spend time in jail, or the inability to hire security.
Law or no law, when a person is specifically hired to help maintain the law, cop or not, you better have a really good reason to charge him. Obvious skimming the goods might be such a reason, but that would be in violation trust, of any implied employment contract and the intent of the job anyway (unless the promoter was a co-conspirator).
I had an acquaintance back in the 70’s college days who travelled several times across the border from Chicago to Toronto for university. He recalled once he discovered a joint fell out of his guitar, and he was trying to remember how long ago it got in theer. He said it was probably 2 years, and he must have crossed the border back and forth a dozen times, and nobody found it. He immedaitely made sure there was nothing else in his guitar.
I always just put them (joints) in my pocket… I’ve only ever been patted down at concerts and they never have detected anything… granted I don’t roll into a concert carrying ounces of weed… a few jibbers stuffed to the bottom of your pocket wont be found…