Drug suspect's cash, bicycle seized

Drug bust nets $3.25 and a bicycle
A 40-year-old North Carolina suspected drug dealer tried to flee police on his seven-speed bicycle, but the chain fell off. No drugs were found on him, but police charged him with drug possession anyway (police aren't saying why) and took his bike.

Hat tip to reader Bill from LEAP!

Comments

[G]

Sweet, they caught the world's least successful drug dealer. $3.25 and a bicycle? 'Round here they carry wads of benjamins and drive BMWs.

[Vibiana]

Too bad, now he'll lose his paper route and have to buy crack with his allowance. ROFL

[JC_in_KC]

Can someone let me know when the auction is on the bicycle?

[Plombage]

How can the charge him with drug possession if he didn't have any in his possession?

[J D]

Well, for all the people on here who like to immediately say things like "Good thing this scumbag is off the streets." even when someone hasn't been convicted of a crime -- It's apparently now OK to arrest someone for drug possession when they don't actually have any drugs on them. I guess all it takes is a "witness statement."

I can't wait to walk on down to the police station and start making some "witness statements" about some people here ... now everyone gets to be a scumbag!

[JC_in_KC]

Send up an undercover to make a buy or two. Then come back to arrest him and it is gone. Viola, possession with intent to sell. He might not have it when he was arrested but he did earlier and sold it.

[JC_in_KC]

Aparently JD already knows the facts of the case and is not waiting for any more information.

[J D]

Apparently I read the article, JC.

[JC_in_KC]

Since the article is not a sworn statement I would not base your assumptions off of it. But if you want to go ahead. The police often times do not reveal all the information to the press.

[J D]

Now come on, JC -- if we all waited for sworn statements, how boring would this blog be? I bet I could count on one hand the number of comments that were to the tune of, "Well, the article might not have all the information. I'll reserve judgement until I found out all the facts."

In fact, the "reserve judgement" part pretty much NEVER happens lolz.

I'm pretty sure, though, that if a "fact" of the case was that the man charged with possession, and was, in fact, in possession, the police would be more than happy to say so.

[JC_in_KC]

you never know. I know I had an article about me in the paper a while back and lots was left out of the article. Not blaming the Star, but the communication between the PD and the Star.

[JDog]

JC, I would encourage JD to run on down to the PD station and start filing statements against all the scumbags he knows.
Then he can learn all about filing "false statement"
Lots of people are arrested and then released!
Perhaps the biker is innocent, perhaps not, but time will tell.

[blondie2hot7]

I guess police can make assumptions about pocession, I don't know how? I guess I should be thankful they haven't made any assumtions about me. I wonder if this "man" has had priors or something? But, if that's the case, then they could pull me over if they see me on the streets, and arrest me for "assuming" that I'm going to be driving fast, because I've had a speeding ticket.............

[JC_in_KC]

Slow down blondie, you dang criminal. I am sure there is more than you are reading about. I do not know anyone that has gone to jail because of a feeling. To big of an opportunity for a lawsuit. JDog is right about false statements. I would like to see more of those prosecuted. I hate when people waste time of the police officers.

[blondie2hot7]

I'll just assume that they found drugs he may have ditched before they caught him. Until they start telling why they arrested this man for pocession, that's all you can do. Make a guess anyone?
********************************

I don't think the $10 they are going to make off the sale of the bike is going to buy too many books or lunches for the kids at the local schools they intend to donate the proceeds to, unless, they sell it on E-bay and say it's a collectors item, and a rare one at that! The 1st bicycle seized in a drug bust......LOL

[You're a mean drunk R2D2]

Even if the guy is a scumbag and did run from teh cops. How in the world can they charge him for something if he never had possession?

How would you feel JC if you were pulled over, and then charged with DUI and you had not been drinking at all? What's to stop the cops from doing that as well?

I'm not a fan of crooks and criminals, but I'm even less of a fan of cops who trump up bogus charges with no solid proof. It's a good thing this man will get his day in court to fight those charges and what will end up happening is that he will sue the PD and city because of those baseless charges with no evidence of him doing that.

[JDog]

Hey Blondie,
Got a problem with arrests made on assumptions or statements? Please become active in overturning this one:
Domestic Abuse: Wife says husband hit her; husband goes to jail.
No proof, marks, scratches or brusies required.

[blondie2hot7]

The false statements, I agree 100% people should be prosecuted if they do in fact make a false statement. It can get people into lot's of trouble, the "liar" and the PD for believing the statement, and acting on it.

These kind of things can ruin reputations and put innocent people in jail. I think police have to have some eviedence without a doubt before they would even arrest someone like this. It would be too risky for the PD to do so, lawsuits, bad publicity for the department..

[JC_in_KC]

R2D2, A civil rights violation would probably stop the cops from trumping up a bogus charge such as that. Also a healthy civil suit against the officer and the department would probably deter it. That is like saying what is stopping you from robbing a bank today? My point is just because the newspaper does not have proof of the offense does not mean there is not one. How many times do you read stories like 'Police kill man in own front yard". There is not necessarily an offense stated, but most likely something that would lead an officer to shoot the man.

[blondie2hot7]

JDog.. I wouldn't even know what to tell you in that case. I was a victim of abuse and NOTHING DONE. Go figure that one out.. Report made, eviedence: 2 black eyes 1 swollen nose..
Action taken: Calm down down now "sir" and go on to bed......
You tell me, and I'll tell you.

[JC_in_KC]

Blondie - Sounds like you have had either bad laws (DV laws hav changed a lot) or lazy or bad cops. I should introduce you to my friend. His name is Louie, louisville slugger. He is damaging to knee caps.

[J D]

JDog is right about false statements. It's not like I would actually go and turn people in for things they didn't do. The problem is, though, that in a case like this, where the guy may not be a fine upstanding citizen to begin with, a drug accusation will hardly EVER get fact-checked. Drug busts are too lucrative for police -- even if they never get a conviction, they can still keep the persons stuff. In a case like this, obviously the stuff isn't too valuable, but there are other cases where the police have made off with more then $100,000 worth of money and possessions without the accused person ever being convicted.

[JC_in_KC]

JD - check the facts on that, most jurisdictions do not get to keep the stuff. It is typically auctioned off and the proceeds go to schools, or highways, with little if any going to the PD. Every jurisdiction is different, so some might get more than others, but definately not worth a $20 bike and $3.XX in cash.

[blondie2hot7]

JC: Inrtroduce me.. Enlighten me.. I am telling the truth, they even went so far as to take pictures, when I went to view/retrieve copies, No one knew where they were? That does make a person wonder.........

[blondie2hot7]

Since the bike was wrecked, the price would of depreciated anyhow, so you are probably talking $13.25 total recovery.......... Drugs found in his pocession :$000.000

[J D]

JC, you're right, it is jurisdictional. I think the main thrust of my point was though how easily it really is to make a witness statement and never really have to worry about it coming back to haunt you.

[JC_in_KC]

JD - That is not necessarily the case. Many times you have to think about where the tip comes from before you take any action. You can always get tips from people you are taking to jail, but most of the time they are unreliable.

Blondie - I do not doubt you. I know cases get mishandled and I am truly sorry yours did. In turn many times the victim changes their mind and does not prosecute. The number of DV cases taking to the number actually prosecuted is probably pretty bad. I do not know the numbers, bet would bet against them.

[blondie2hot7]

JC: I was trying to prosecute, I wasn't about to back off, then a verbal threat was made (this happend less than 4 years ago) Nothing done.

The case in my sons death, same outcome, so like I was instructed to do, I went to a higher authority. I know that some people think that if you can't get your county officals off their butts to do anything, that they are stuck. NOT true, there are higher agencies to go to. I've always said "For every person that is in a high office, there is always someone higher up than they are."

[ash]

I am not sure where this guy was arrested, but I know here in kc if they have probable cause they can drug test you right there on the spot. And there was a law created just a couple of years ago stating that they can now charge you with whtever is in your system, so that maybe how the posession.

[blondie2hot7]

Is that a true statement?? I know they can do that with alcohol testing, but drugs? And then charge you with pocession? Whoa!!

[blondie2hot7]

Now JC: I know of a case going on with a "friend" who is a male that was being charged with 3 F and 3 M in aggravated battery, abuse etc. The victim was going forward with both barrells loaded, and now, sooooooo many months later, the victim is backing off (could be where the original criminal threat charge originally came into play)

The prosecutor (yes I know who it is and have spoke to said prosecutor) They can proceed, beings it was turned over to the state, butttttttttt, they have on their hands an unwilling victim, so it's ulitimately up to Mr Judge to hand down the sentence. This female victim, is saying she probably brought the attack on herself?

I was in awe about it. I was told by "the prosecutor" they get cases where victims have been shot, stabbed, beaten to a frenzy, and have pressed charges, then the state takes over automatically.. Then, they let so much time lapse (or threats come from the abuser) that they pretty much refuse to testify against them. (I love you, I'll never do it again, untill you pi$$ me off again) I'm sure thats the same as in the "cell phone being shoved down a womans throat case."

[ash]

Ya blondie its true. i have had that happen to a couple people i know

The government and everybody else needs to stop telling us what to do with our own lives. Without these archaic drug laws, we would reduce our prison population by 80%. But then prisons are very big business.

[ash]

Thats b/c like alot of medical industies prisons are government sanctioned industies, and if we elliminated those then where would all the politicians get all that money

[blondie2hot7]

bah: Thanks for telling me the info, I really did not know they could charge you with pocession if drugs were found in your system..

The only thing I can say to that is, why is it they can do that, but when a pregnant woman in a recent case was murdererd and pregnant, both died, but they would only charge the person with 1 death? That baby was in her body, so I think there are so many double standards on laws, it's hard to keep up with them!!

[JC_in_KC]

Agreed, Hell I do not even know if it is considered a baby or if it is a fetus. Either way it should be the same for both crimes. It either is a life or it is not.

[J D]

Blondie, I was under the impression that you could be charged all the way up to 1st degree murder for intentionally killing a baby that the mother was still carrying? Did this really happen recently, where they didn't prosecute someone on an extra count or murder/manslaughter?

I mean, I was not a person who followed the whole Scott Peterson thing, but I thought they charged him with 2 counts of murder?

Additionally, I'm pretty sure if a man who doesn't want a child does something to the mother (like hit her in the stomach or something) with the intent to cause the baby to abort, then the man could be charged with at least manslaughter, if not murder?

I really could have sworn that's how the laws were in these sorts of cases?

[JC_in_KC]

Blondie, I am not sure what case you are talking about either. I know often if there is more than one life lost, they try them individually. That way if one case get jacked up they have a fall back case.

[oldfartblondie2old100]

It was in a recent thread I believe, if not, it was in the KC Star. It was where they caught the boyfriend of this girl, he is the one being charged with her death.. Greg??? Can you find that story, or tell me which archive it's in, it was just recent news.

[JC_in_KC]

There you go again. It was in the Star. Heck the story was probably retracted immediately for inaccuracies. Don't you check page 15, the stuff that looks like the fine print on a car contract. Those are the retractions.

[blondie2hot7]

Sorry for the name thing in that last post, I used that in the "open thread" making a comment towards those disrespectful teens.. Anyhow, the story was that this girl was pregnant, she was found dead, I believe she lived in Wichita, and they have the 17 yrd old boyfriend as a suspect. I haven't heard anything on it since.. They just said that the "boy" was going to be charged with 1 count of murder, since the baby (8 months pregnant and not considered a human) was not living outside the mother....................

[blondie2hot7]

ok, go to categories (on the left side of this page) click on "homicides - Kansas, scroll down to June 21st and you will find the story, she was 9 months pregnant,and the man is being charged with ONE homicide...........

[Howard Taylor]

Regardless of what happened in this case there is one thing I know; the police are lying scumbags. I challenge any cop to take a polygraph test concerning their personal honesty and integrity and every one of them will fail. They are scumbag liars.

[blondie2hot7]

Howard: Saying "All" is a pretty broad statement.. I have a feeling that you have had a bad experience with the police recently..

I too have bones to pick with the law enforcement, but I wouldn't go so far as to say "All" of them are like that.

[Jimbo]

That is a load of bull about the police being able to arrest you for possesion of drugs when it is in your system. Show me an example of it and I will believe it. Maybe you can get in trouble for having them if you are on probation but I call bull on that statement.

[ash]

ok jimbo you want proof, i can give you a copy of my arrest report from 2 years ago when i was arrested w/ nothing on me just under in influence and was charged w/ posession. I swear this isnt a lie. contact your local law enforcement if you feel it inaccurate.

[blondie2hot7]

Hey bah: I have a few friends that are law enforcement officers in KS. I will touch base with one of them tonight or tomorrow to confirm, I myself don't doubt you.

[JC_in_KC]

Howard - sounds like you have a lot of hostility towards cops. Any reason for this. Could it be too many DUI's, too much jail time. Did you violate your probabtion like your cell mate violated you? Any of those ringing a bell?

[Leroy Brown]

Has anybody here heard of the Constitution? Is it out of style to be "innocent until proven guilty"? I guess it is in George Bush's bizarro world.

[BillFromLEAP]

Statement: "That is a load of bull about the police being able to arrest you for possesion of drugs when it is in your system. Show me an example of it and I will believe it."

Reply: Please visit
http://www.norml.org/index.cfm?Group_ID=6492#zerotol