Anyone in NM been arrested for drug paraphernalia?

Discussion in 'Drugs, Alcohol & Tobacco' started by NMNeil, Nov 16, 2018.

  1. NMNeil

    NMNeil Well-Known Member

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    I hope the administrators allow this.
    I'm looking for anyone who has had drug paraphernalia confiscated in New Mexico within the last 12 months but who has not been charged and is unlikely to be charged.
    The reason is that I recently lost a case where as a police officer I refused an order to return about $6000 worth of hydroponic equipment that had been used to grow marijuana. I was demoted and suspended without pay. I later filed a whistleblower lawsuit arguing that the only reason I was demoted was my refusal to break the law e.g. return the drug paraphernalia. I lost but the judges final decision says that as I could not prove that the drug paraphernalia would again be used for an illicit purpose I had to return it. I also have recordings from 2 local assistant district attorneys who said that if someone asks for their drug paraphernalia to be returned and can state an alternative legal use for it, it has to be returned.
    So I'm looking for someone who will be willing to ask for his drug paraphernalia to be returned and cite my case, and use the judges decision as a precedent.
     
  2. kazenatsu

    kazenatsu Well-Known Member Donor

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    Interesting.
    This does sound like kind of a vague law though.

    Anyway, if a judge orders you to do something, you usually have to do it even if it is not consistent with the law.
    (There's no actual law that says this but that's how the system ends up working)
     
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  3. Moonglow

    Moonglow Well-Known Member

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    Tell them you are addicted to tomatoes and need yer hydroponics stuff back.
     
  4. kazenatsu

    kazenatsu Well-Known Member Donor

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    Just hypothetically, what if someone was growing tomatoes and marijuana? Would you only confiscate half of their hydroponics?
     
    Last edited: Nov 16, 2018
  5. FreshAir

    FreshAir Well-Known Member Past Donor

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    if you were ordered to return it, then you should of returned it, same as any citizen being ordered by the court to do something... and come on, Marijuana... seriously, all this over Marijuana... was it worth it?

    few years Marijuana will be legal in all states... never should of been illegal imo
     
    Last edited: Nov 16, 2018
  6. kazenatsu

    kazenatsu Well-Known Member Donor

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    I'm surprised it's not legal in NM. It may well be in a few more years, it's a pretty liberal state.

    (Trivia: NM is the only state in the country that doesn't have a gestational age limit on abortion)
     
    Last edited: Nov 16, 2018
  7. FreshAir

    FreshAir Well-Known Member Past Donor

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    this is not the alleged Marijuana grower, this is the police officer that apparently confiscated the hydroponic equipment and did not want to give it back when ordered by the court to do so as I would assume the charges were dropped
     
  8. Moonglow

    Moonglow Well-Known Member

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    Yeah, thieves with guns and a badge violating civil rights...How sovereign of him.
     
  9. NMNeil

    NMNeil Well-Known Member

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    No he served time for the marijuana grow and he was growing pounds in 2 grow rooms with multiple sodium lights and air conditioners. The narcs found nearly 2 pounds of weed dried and packaged for sale.
     
  10. NMNeil

    NMNeil Well-Known Member

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    The court did not order it's return, the narcs did.
     
  11. NMNeil

    NMNeil Well-Known Member

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    Sort of like someone who was found counterfeiting $100 dollar bills. Would you return the printing press, paper and ink but only keep the plates?
     
  12. FivepointFive

    FivepointFive Well-Known Member

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    Just ask for a jury trial.. they will dismiss

    the public doesn't think time should be wasted on it
     

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