Sometimes you kinda forget the things that most shocked you when you started as a public defender - there's so many.
For me, I'll never get over that people get charged with drug possession on the basis of their being drug *residue* in things like crack pipes and stems.
The worst case I had where this happened: an elderly Black man whose house the police executed a warrant on. His wife had cancer. They found a stem somewhere that literally he had not used for five years or more because he was sober and they brought him in on it.
They offered a deferred dismissal but didn't accept it because he wanted to get the search warrant materials as part of discovery because hew knew there was *no way* the police had any reason to search his house and he was going to bring a civil suit.
But the worst part was he started suffering PTSD from the whole experience and had to start going to see a psychiatrist three times a week to deal with it.
I just remember thinking, the whole thing was nothing to the police and prosecutors, they found a stem, brought him in, were going to offer to basically dismiss the case and none of them would ever think about it again.
But it had affected him so profoundly.
Anyway I am getting off track from my initial tweet, but so many charges like this, so many people like this whose lives are ripped apart for nothing. Why do we want to do this to people?
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No way that Caledonia cop would have thrown away an empty baggie (corner tear).
The most common way police charge drug crimes is through DRUG RESIDUE.
They will find an empty crack pipe or stem and charge people with crack possession even tho they didn't use it for a year.
That's perfectly legal.
They can't tell if if an item has drug residue in it at the scene, they need to test it.
So someone could be arrested for an "empty" corner tear. They then can be held in jail or have bail set and wait until the drug test results come back.
The cop could also have thrown the corner tear in the car purely to give him a pretext to search the car - rather than to arrest the person in it - which he doesn't have on the basis of this stop.
But it's interesting that @nypost and other outlets are running with the correctional officers union line that this incident shows how understaffed the jails are and why they need to hire more officers.
Hate crimes legislation is supposed to protect the marginalized - the protected classes are based on immutable characteristics not jobs.
Besides there are usually already sentencing enhancements in place when a crime is committed against a police officer.
And like all criminal laws, these sorts of enhancements - and in fact hate crime statutes more generally - end up getting used against the people they are supposed to protect. theappeal.org/a-black-man-ca…
People saying that Chauvin should have gotten a more severe sentence because he was a police officer. He did.
One of the reasons he got ten years above the presumptive sentence of 12 and a half years is because he "abused his position of trust and authority as a police officer."
The other was because he showed extreme cruelty to George Floyd.
The judge ended up saying the other two aggravating factors, that children were present at the time the crime was committed and the crime was committed as part of a group, were not as significant.
Oh but wait, this is the part where the PD want us to disbelieve what we see with our own eyes: a teenager standing with his hands in the air, tased for no reason.
The PD claim he was disorderly, yelling and threatening to kill them and that is when they tased him.
And, according to the police he had a switchblade knife in his backpack. How did they get to looking in his backpack?
Under the city ordinance in question, vaping is not an arrestable offense, and it certainly does not give the police the right to search your backpack.