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About augustwest

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  • Birthday 08/31/1956

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    Westhampton Beach, NY
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  1. just a couple of quick notes number one the emphasis is on personal responsible use not abuse and a recommendation to be as respectful and discreet as possible while getting high. secondly keep in mind that many police cruisers now have digital video and audio recorders which is kind of a double-edged sword but can serve to protect your civil rights and liberties. there is no doubt an abuse of power some of these small municipal police departments, Quogue being one of the worst offenders,and keep in mind that Spitzer has several departments under investigation. However irrespective of any abuse of power we as citizens need to be aware of and exercise our deteriorating civil rights. I like to think they're more good cops than bad cops but keep in mind forewarned is forearmed and that is the motivation for my post. New York has to some extent decriminalized marijuana. On a first offense of 27 g or less of weed in New York it is a civil violation resulting in a $100 fine. however transferring or sale or if your stash is packaged for sale that can easily be bumped up to a misdemeanor or felony. also, if you're smoking while driving and have a joint hanging out of your mouth while you are pulled over there should be an additional fine for stupidity. Remember party on with personal, responsible use. Civil rights are not taken away they are given away - WE STILL HAVE RIGHTS!
  2. The following information is intended as a brief summation of your constitutional rights and is meant to offer helpful hints at how to effectively assert and protect those rights within the context of a police encounter. Of course, this information is no substitute for consultation with an experienced attorney. Brought to you as a public service from the premier web site for the Hamptons http://www.hamptons411.com The Fourth Amendment to the Bill of Rights of the United States Constitution states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fifth Amendment reads, in part, "No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of Freedom Cardlife, liberty, or property, without due process of law...." These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices. If an officer violates your rights then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed. 1. Don't Leave Contraband in Plain View Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes which all too-frequently lead to arrests. 2. Never Consent Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you. If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you. An officer can obtain a search warrant only from a judge or magistrate and only upon a showing of "probable cause." Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search. There are exceptions to the search warrant requirement which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights. If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond: "I do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone)." 3. Don't Answer Questions Without Your Attorney Present Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised. 4. Determining if You Can Leave You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, "Am I under arrest or otherwise detained?" If the answer is, "No," you may leave. An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon. When an officer attempts to contact or question you, you should politely say: "I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)." If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible. 5. Do Not Be Hostile; Do Not Physically Resist There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2. 6. Informing on Others The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one's own conscience. Finally, consider downloading and carrying NORML's Freedom Card -- a quick reference guide to your rights and obligations when you are stopped by the police.http://www.norml.org/index.cfm?Group_ID=3405 NY Marijuana Laws http://www.norml.org/index.cfm?wtm_view=&Group_ID=4554 Visit http://www.hamptons411.com/for up-to-the-minute and accurate Hamptons events and information.
  3. New York DWI arrest and conviction is no joke and can cost you big-time even on a first offense. Loss of your driver’s license. Heavy fines. Court costs and extensive administrative fees. Probation. Jail or State prison. Vehicle impoundment or forfeiture. An ignition interlock device put on your car, mandated alcohol treatment, not to mention doubling your auto insurance for up to five years. Some or all of the aforementioned consequences can result in DWI arrest and prosecution. New York State treats Driving While Intoxicated (“DWI”) seriously. The laws are strict, the prosecutors and courts often act without leniency and punishments are harsh. Aside from the more obvious legal consequences of dealing with the police, the courts, and the Department of Motor Vehicles (“DMV”), there are practical consequences that often flow from a DWI arrest or conviction. Since DWI is a crime, and a DWI conviction will give you a permanent “criminal” record, you could lose your job or be prevented certain future employment – especially if it is State job, is law enforcement associated, or involves driving. If you are a commercial driver, you could lose your privilege to drive commercially for at least one year. A DWI conviction can cause your insurance rates to skyrocket; and sometimes insurance companies will cancel your coverage altogether. There are other, “hidden” DWI penalties, such as limitations on travel outside of the State or abroad. Community service and substance abuse treatment are other consequences a DWI prosecution and conviction may bring. Out in The Hamptons, in case you don't know, there is basically no public transportation and if you drink and drive out there you run a high risk of getting a DWI. Consider a designated driver, go to places within walking distance to where you're staying, purchase a quality personal breathalyzer and monitor yourself very closely, perhaps have a house party and make accommodations for your guests or provide safe transport home for them. basically think contingency plan upon contingency plan. these strategies will not only save your license will also save lives. Remember, party hard but party smart and visithttp://www.hamptons411.com To get the most accurate and up-to-date information on the Hamptons. Remember to keep your lawyers card handy, know you rights and if you are arrested Don't Answer Questions Without Your Attorney Present Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised. Consult with your attorney now and ask their opinion on whether or not you should agree to a chemical test or field sobriety test. there are conflicting recommendations but more often than not it is suggested that you refuse, but again run this by your attorney today. Of course the only guaranteed prevention is to never drink and drive, but let's face it, shit happens. Share this information with your friends and be sure to visithttp://www.hamptons411.com for up-to-the-minute and latest Hamptons events and information.
  4. The Hamptons Information

    checkout http://www.hamptons411.com for information on restaurants and lodging nightclubs they even have an events calendar that's up to date and you can post on too. they have links to most of the clubs and gets better each time that I go on. it was helpful Memorial Day weekend, I found The Drift Inn East Quogue is opening up this weekend (Fourth of July) I remember it before it burned down and it used to get a pretty good crowd, minimum of wannabes - you can go straight from the beach to the party. John Scott's Westhampton is pretty good too.