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(Some Guy) Stupid Police bust man at sobriety checkpoint. Not for driving drunk, but for having untaxed cigarettes in his car. The free world will sleep safer tonight   (syracuse.com) divider line 140
More: Stupid, sobriety checkpoint, the free world  
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7754 clicks; posted to Main » on 27 Nov 2011 at 8:40 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



140 Comments   (+0 »)
   

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2011-11-27 06:49:15 PM
OMG that was a close call for all of us in this great nation. If not for these fearless police that man may have gotten away with this heinous crime.

I will, indeed, sleep safer tonight, subby.

It is high time America declares WAR on these evil untaxed Indian Reservation cigarettes.
 
2011-11-27 06:52:36 PM
jenlen: It is high time America declares WAR on these evil untaxed Indian Reservation cigarettes.

Is that a blanket statement?
 
2011-11-27 06:58:26 PM
thismomentinblackhistory: jenlen: It is high time America declares WAR on these evil untaxed Indian Reservation cigarettes.

Is that a blanket statement?


That's just how we will deal with these heathens selling their evil untaxed cigarettes!

Step 1: Infect the blankets with Smallpox!
Step 2: Distribute said blankets to the Indians
Step 3: Profit!

There, I saved Amurica.
 
2011-11-27 07:04:28 PM
those cops really had to reach deep into their bag of tricks to get that guy on something.
 
2011-11-27 07:05:36 PM
I was under the understanding that Seneca brand cigarettes, not being manufactured or sold under US soil, are not subject to tax.
 
2011-11-27 07:11:30 PM
cameroncrazy1984: I was under the understanding that Seneca brand cigarettes, not being manufactured or sold under US soil, are not subject to tax.

They might cut into New York's revenue stream... from what I've heard a pack costs $13.00 or more there. So, that is roughly $110 per carton in tax dollars they didn't get to swipe.

They will find a way to make it illegal.
 
2011-11-27 07:16:27 PM
jenlen: cameroncrazy1984: I was under the understanding that Seneca brand cigarettes, not being manufactured or sold under US soil, are not subject to tax.

They might cut into New York's revenue stream... from what I've heard a pack costs $13.00 or more there. So, that is roughly $110 per carton in tax dollars they didn't get to swipe.

They will find a way to make it illegal.


Well, here in upstate new york, it's more like $8-9 a pack. And I've never ever heard of someone being arrested for this, so I'm skeptical.
 
ZAZ [TotalFark]
2011-11-27 07:20:20 PM
cameroncrazy1984

Indian cigarettes sold on reservations are not taxable at point of sale but the buyer may owe tax when they are taken off the reservation. A federal law requires reporting of purchases by mail. About five years ago states sent bulk buyers big bills for unpaid taxes after tribes were forced to turn them in.

Wikipedia summarizes a big fight over Indian cigarette sales in Rhode Island. Apparently the Narragansett tribe, unlike the Seneca nation, agreed to collect taxes and failed to do so.
 
2011-11-27 08:06:10 PM
I don't even know how checkpoints are constitutional.
 
2011-11-27 08:40:08 PM
Pathismomentinblackhistory: jenlen: It is high time America declares WAR on these evil untaxed Indian Reservation cigarettes.

Is that a blanket statement?


Patient: I can't concentrate these days... all I keep dreaming about at night is I'm stuck between two tee-pees.

Psychiatrist: Ahhhh.... There's your problem... you're two tents!
 
2011-11-27 08:44:07 PM
This just in: Committing one crime in front of a police officer who happens to be looking for another will still get you in trouble.
 
2011-11-27 08:45:44 PM
i.ytimg.com
 
2011-11-27 08:48:52 PM
well this scumbag and his hero, ayn rand, deserve to be punished for their insolence. death to the greedheads, long live the indolent!
 
2011-11-27 08:49:18 PM
I'll bet that they felt boxed in and had to spray him!
 
2011-11-27 08:49:25 PM
"Hendry got pinched"
 
2011-11-27 08:50:18 PM
When I travel back to the US on occasion, I have to resort to smuggling gifts back into the country. The Customs department has become overly powerful and willing to confiscate any little thing that they want. I've had boxes of chocolate, rice seasonings, curry roux, and cookies taken by those dickheads.

So to bring anything like that as gifts into the country, I have to lie on the Customs declaration then hope they don't open my luggage.

It's no surprise that such idiocy has expanded to the local government level.
 
2011-11-27 08:51:14 PM
Aggravated Unlicensed Operation is what the real "crime" was.

I think this guy is probably a sovereign citizen.

Now, that's the REAL definition of terrorist.
 
2011-11-27 08:51:49 PM
Mugato: I don't even know how checkpoints are constitutional.


I sure as hell don't agree with it but I did a paper on the case that made them legal while in grad school:

Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)


Also, around here (WV/KY border) people are all the time getting busted with loads of cigs that are moved from one state to another to bootleg them. The guy in question here knew he was breaking the law, I've got no problem seeing him busted.
 
2011-11-27 08:52:30 PM
Mugato: I don't even know how checkpoints are constitutional.

It's not, according to those legal hacks Thurgood Marshall and William Brennan.

http://en.m.wikipedia.org/wiki/United_States_v._Martinez-Fuerte
 
2011-11-27 08:52:41 PM
Laugh all you want, but this is big business and there is violence associated with it.

This guy may have been small time and non-violent, but with ever-increasing taxes on cigarettes organized crime has moved into this business.
 
2011-11-27 08:54:08 PM
Mugato: I don't even know how checkpoints are constitutional.

This
 
2011-11-27 08:55:07 PM
proteus_b: death to the greedheads

www.cluas.com
 
2011-11-27 08:55:41 PM
I have a friend from Dallas that occasionallly comes up here to visit and he usually buys 10 or 15 carton or cigarettes because he can get his brand for about 23 bucks where it costs over 50 in Dallas. I'm gonna' say if he ever gets caught, he's in trouble.
 
2011-11-27 08:55:51 PM
Weaver95: those cops really had to reach deep into their bag of tricks to get that guy on something.

Yeah, they had to look into his car. Boy, the things these characters will try to pull.
 
2011-11-27 08:57:06 PM
jenlen: cameroncrazy1984: I was under the understanding that Seneca brand cigarettes, not being manufactured or sold under US soil, are not subject to tax.

They might cut into New York's revenue stream... from what I've heard a pack costs $13.00 or more there. So, that is roughly $110 per carton in tax dollars they didn't get to swipe.

They will find a way to make it illegal.


Wow. That's 30 cartons -- at least one million dollars street value.

img.photobucket.com
 
2011-11-27 08:58:12 PM
Mugato: I don't even know how checkpoints are constitutional.

It's the 'dui exception' to the constitution. No I'm not kidding; that's the actual legal term used by judges. The 4th amendment doesn't apply when a dui checkpoint is involved.
 
2011-11-27 08:59:26 PM
Mugato: I don't even know how checkpoints are constitutional.

Add another: THIS
 
2011-11-27 08:59:47 PM
Sim Tree: The 4th amendment doesn't apply when a dui checkpoint is involved.

...or when you have already given consent to have your sobriety checked, which is exactly what you did when you signed for your driver license.
 
2011-11-27 09:00:30 PM
"aggravated unlicensed operation of a motor vehicle"

How does unlicensed operation of a motor vehicle become aggravated?

/Is there an 'aggravated jaywalking' charge?
 
ZAZ [TotalFark]
2011-11-27 09:01:36 PM
AntiNorm

I left the consent line blank on my application and got a license anyway.
 
2011-11-27 09:03:06 PM
ZAZ: I left the consent line blank on my application and got a license anyway.

No you didn't, unless you left the signature line blank as well.
 
2011-11-27 09:06:50 PM
In a police state, a "sobriety checkpoint" is just a convenient premise for a fishing expedition.
 
2011-11-27 09:07:02 PM
Thanks for protecting us, boys in blue! I'm sure you'll all sleep soundly tonight knowing that you're not state revenue collectors. Not at all. You're there to protect us. I mean, protect state coffers. I mean....uhhh...
 
ZAZ [TotalFark]
2011-11-27 09:07:12 PM
Enemabag Jones

In New York if your license is suspended for a certain number of distinct reasons the crime is elevated from unlicensed operation to aggravated unlicensed operation. Usually that means you kept driving while under suspension and got a few more license suspensions for driving with a suspended license. In theory you could get a lot of suspensions from many real moving violations. More likely you were too poor to pay the fines needed to get your license back. Alternatively, you got a long suspension for one or a few acts.
 
2011-11-27 09:09:36 PM
ZAZ: AntiNorm

I left the consent line blank on my application and got a license anyway.


Kinda unrelated; but whenever I have to 'click here to accept' something on a website; I *always* go through the trouble to tab and press 'spacebar'. I'm sure that would not hold up in a court of law, but I get a kick.

I've also gone years without signing the back of my credit cards. Again, I'm sure it wouldn't really help me; but I always think, 'Wouldn't it be funny if I racked up 15k in debt and then said, 'HAHA! I never signed!' and they had legally forgive the debt or something'.

My passive-aggressive/lazy way of fighting the man.
 
2011-11-27 09:09:51 PM
Couldn't he just say that he was going to declare them as interstate purchases on his taxes at the end of the year? That's like getting arrested for having your big screen TV that you bought online. It's not tax evasion if you declare it on your taxes; and since they're not due until April, I don't see how they have a case.
 
2011-11-27 09:12:26 PM
You know what? I pay my taxes! If he didn't, too bad for him. Good catch.
 
2011-11-27 09:14:00 PM
This is why we have Lawyers. If you're doing something illegal and the cops bust you illegally you can have a lawyer get you off. Really isn't that complicated or even newsworthy.
 
2011-11-27 09:14:07 PM
equusdc: Mugato: I don't even know how checkpoints are constitutional.

It's not, according to those legal hacks Thurgood Marshall and William Brennan.

http://en.m.wikipedia.org/wiki/United_States_v._Martinez-Fuerte


Yet it's either a violation of the Michigan State Constitution (I believe it is this, and it was last revised in 63) or of State law for these checkpoints. So the case should of been moot from the start and never got to the US Supreme Court
 
ZAZ [TotalFark]
2011-11-27 09:16:28 PM
AntiNorm

I made sure I didn't consent to the consent part. I think it was on a separate line you were supposed to sign separately. That part was on the back of the form. If it was on the signature line for the form in its entirety then I didn't sign the form at all, but I remember avoiding just that one section. It was about 15 years ago. I'd have to see the c. 1996 form in front of me to refresh my memory. People doing routine paperwork will see what they expect to see.

I also got a license renewal without the mandatory eye test. I looked into the machine without glasses and they said I didn't do well enough so I would have to keep the corrective lenses restriction. They did not ask me to try again with glasses on.
 
2011-11-27 09:20:36 PM
change1211: Weaver95: those cops really had to reach deep into their bag of tricks to get that guy on something.

Yeah, they had to look into his car. Boy, the things these characters will try to pull.


I don't get how they have the right to search in the first place assuming you were sober. You know, the reason they messed with you in the first place.
 
2011-11-27 09:24:06 PM
ZAZ: I made sure I didn't consent to the consent part

Actually, under state law wherever you live, there's a 99% chance you did.
 
2011-11-27 09:24:17 PM
When I read the headline I thought that the cops probably spotted a pack on the dash or something a were just being dicks about it. But 40 cartons sitting in plain view? That's taunting the dynamite monkey. Deserves to get busted. Not for the untaxed cigs, but for being a dumbass in general.

i268.photobucket.com
 
2011-11-27 09:24:20 PM
tonguedepressor: This is why we have Lawyers. If you're doing something illegal and the cops bust you illegally you can have a lawyer get you off. Really isn't that complicated or even newsworthy.

You just need to have lots of money for your legal defense if you want win :)
 
2011-11-27 09:28:41 PM
You Cant Explain That: change1211: Weaver95: those cops really had to reach deep into their bag of tricks to get that guy on something.

Yeah, they had to look into his car. Boy, the things these characters will try to pull.

I don't get how they have the right to search in the first place assuming you were sober. You know, the reason they messed with you in the first place.


I didn't think it was a search if it was in plain view. Maybe if they had pulled him out of the car and found them in his trunk then he would have a case but they didn't. They were sitting in plain view.
 
2011-11-27 09:29:14 PM
AntiNorm: ZAZ: I made sure I didn't consent to the consent part

Actually, under state law wherever you live, there's a 99% chance you did.


Seems like it would be an even percentage like 98% or 96%. 99% just doesn't seem possible.
 
2011-11-27 09:29:26 PM
jenlen: thismomentinblackhistory: jenlen: It is high time America declares WAR on these evil untaxed Indian Reservation cigarettes.

Is that a blanket statement?

That's just how we will deal with these heathens selling their evil untaxed cigarettes!

Step 1: Infect the blankets with Smallpox!
Step 2: Distribute said blankets to the Indians
Step 3: Profit!

There, I saved Amurica.


Umm...didn't we already kinda do something like this?
 
2011-11-27 09:30:18 PM
Try smuggling Yuengling into New England...that is a crime in itself.
 
2011-11-27 09:33:37 PM
Rosco's been chasin' after them no-good bootleggers for years now.
 
2011-11-27 09:34:46 PM
AntiNorm: ...or when you have already given consent to have your sobriety checked, which is exactly what you did when you signed for your driver license.

well, apparently this guy didn't have one, so i presume the search was illegal then...
 
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