Police keep shooting themselves in the foot

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Old 08-12-2020, 07:48 PM
John41
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Default Police keep shooting themselves in the foot

I support the police in general but they really do stupid things sometimes. A Disney World security employee searched a 69 year old grandma’s purse and found a legal pain medicine derived from hemp. They called the Orlando police who arrested her, stripped searched her with s cavity search and put her in jail for 15 hours. All that time she was separated from her family. The charges were dropped when the DA realized nothing illegal was done by now panicked granny. This happed in April 2019 and since then Disney refuses to make amends. So now she hires a high profile lawyer and sues for $187 million. If I were on the jury she would get all every penny. Too many CEOs think they are above the law and too many police officers are ignorant of the law.
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Old 08-12-2020, 08:57 PM
Marvic 1 Marvic 1 is offline
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I'm 100% behind Law Enforcement and I'm sorry for the good officers..
But!
A Los Angeles police officer accused of fondling a dead woman while on duty...
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Old 08-12-2020, 09:17 PM
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Topspinmo Topspinmo is offline
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187 million? You’re shyt’en me. IMO worth about about 100K if that, but when you got sleazy lawyer’s they ask for well only 187 million. I mean why not just round it off to 200 million?
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Old 08-12-2020, 09:28 PM
Stu from NYC Stu from NYC is offline
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Foolish error for sure and hope the appropriate people have to find new employment but considering there are so many police law of averages says sometimes errors are made.
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Old 08-13-2020, 08:02 AM
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Isolated incidents do not portray the general reality.
They just make good news fodder....and unfortunately are presented as if representative of the general/majority.
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Old 08-13-2020, 08:34 AM
Heyitsrick Heyitsrick is offline
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Quote:
Originally Posted by John41 View Post
I support the police in general but they really do stupid things sometimes. A Disney World security employee searched a 69 year old grandma’s purse and found a legal pain medicine derived from hemp. They called the Orlando police who arrested her, stripped searched her with s cavity search and put her in jail for 15 hours. All that time she was separated from her family. The charges were dropped when the DA realized nothing illegal was done by now panicked granny. This happed in April 2019 and since then Disney refuses to make amends. So now she hires a high profile lawyer and sues for $187 million. If I were on the jury she would get all every penny. Too many CEOs think they are above the law and too many police officers are ignorant of the law.

Looks like some context is needed here. I'm using a write-up from "heavy.com" about this case. ( Hester Jordan Burkhalter: 5 Fast Facts You Need to Know | Heavy.com )

For starters, CBD oil is not legal in to possess and use in Florida unless you have a prescription for it. Yes, you can buy it, and there's the obvious disconnect with the law. But you still need a prescription for it and need the THC content in it to be lower than a specific percentage.

Snippets from heavy.com's report:

Quote:

According to the police report, a Disney security guard contacted an Orange County Deputy on the suspicion that Burkhalter’s oil contained THC in it. The report states Burkhalter refused to answer the question of if her CBD contained THC – the psychoactive ingredient in cannabis that produces a high.

After the Orange County Deputy arrived on the scene, the bottle of CBD was then tested for any suspected THC oil. Although the bottle stated there was zero THC within the oil, the test kit turned red, indicating a positive result for the presence of the ingredient. Burkhalter was then arrested.
(bolding/coloring mine)

Quote:

Even though gas stations, smoke shops and drug stores around the sunshine state have their shelves stocked with CBD products, law enforcement can still arrest and press felony charges against someone who possess the medicinal product.

Burkhalter’s lawyer, Jennifer Synnamon, told Fox 35, “a little drop of oil, with the CBD, is a felony. Meanwhile, you can have up to 19.9 grams of leaf-marijuana, and it’s a first-degree misdemeanor.”

Although Orange County law enforcement claims this is a lawful arrest because “posession of CBD oil is currently a felony under Florida State Statute and Deputies are responsible for enforcing Florida law and Orange County ordinances,” the Orange County police department released the following statement to Heavy:

"Although CBD oil is illegal without a prescription, our top drug enforcement priority and focus at the Orange County Sheriff’s Office is to get deadly drugs, like heroin and fentanyl, off the streets of our community.”

Despite the fact Orange County Police Department Captain Carlos Torres said the deputy was following Florida law, prosecutors eventually dropped all charges against Burkhalter.

On this particular case, the deputy encountered a substance that he knew was to be illegal. He tested it and at that point, he developed probable cause to make the arrest,” Torres told Fox 35. “It is a risk because you don’t know what you’re buying and once again just because you are buying it at a store does not make it okay, or doesn’t make it legal, or doesn’t even make it safe for you to purchase.
So here's the rub: Was this a legal arrest? If the story/police comments are true regarding possession/use of CBD oil - and with a higher THC content - are true, it seems this was a legal arrest. Now, does that mean officers can't use discretion? I don't know...should they have to use discretion? If no CBD oil possession can be tested, for example, wouldn't it be easy for anyone to "spike" some oil and just claim it's run-of-the-mill CBD? And wouldn't they still need a prescription under Florida law, regardless?

Obviously, the fact that you can buy CBD oil at gas stations and the like in Florida calls for the legislature to get involved, as it is confusing to a customer. Either change the law about CBD possession, or outlaw its sale in the state. But this isn't about that. This, to me, is about whether the police acted legally. Seems like - according to the heavy.com article, anyway, that they did.
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police, searched, disney, law, april


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