Police raid mourning husband to confiscate painkillers of deceased wife

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  • IndyDave1776

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    Varies by state I believe. In NY it ranges from an A misdemeanor to an A Felony depending on quantity possessed.

    Does New York also have a presumed intent to distribute attached above certain quantities? This type of law always amused me as it must have been conceived by people who have never bought a case of toilet paper from Sam's or a 24 can case of whatever they drink. If the rest of us stock up and perhaps get bulk discounts on things we use, why can't drug users?
     

    NYFelon

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    Does New York also have a presumed intent to distribute attached above certain quantities? This type of law always amused me as it must have been conceived by people who have never bought a case of toilet paper from Sam's or a 24 can case of whatever they drink. If the rest of us stock up and perhaps get bulk discounts on things we use, why can't drug users?

    I don't know off hand, I had to look that up. I think you trip the automatic intent to distribute if it is in more than one parcel/container though.
     

    IndyDave1776

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    I don't know off hand, I had to look that up. I think you trip the automatic intent to distribute if it is in more than one parcel/container though.

    In Indiana, it is be weight, but I do recall that the amount required for automatic intent to distribute regardless of there being any actual intent or evidence thereof, was an amount that wouldn't even make a good handful for me, at least with cocaine--and incidentally the same mandatory 20 years sentence for the handful that one would get for a truckload of the stuff!
     

    NYFelon

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    Crikey.

    I only ever really smoked pot. But I think in general NY's kinda easy going on possession of any "personal use" quantity of recreational pharmaceuticals.
     

    Manan

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    It is apparently a "common practice" to raid homes of deceased people, without warrants, to confiscate their prescription drugs. This Korean War veteran was pulled away from his wife, literally minutes after her death, by police who were in his home seizing his wife's property.


    Police drug search intrudes on husband's final moments with deceased wife | Deseret News

    The part of this post that caught my attention is

    "Following the incident, Mahaffey asked Vernal city officials and police administrators why officers would search his home without a warrant. He said he was told the Utah Controlled Substances Act provides authority for the search."

    Didn't know that locals or states could just "willy nilly" do away with the 4th amendment to the U.S. Constitution?????
     

    j706

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    The nurse should have handled the meds, since she would've been the one entrusted to administer them. It sounds like these cops wanted to get to the drugs first so they could have them for themselves. The police men's behavior is that of desperate addicts, who can't wait for their next fix. They should all be drug tested. I imagine they get quite excited when someone dies that was suffering terribly, because they get their fiendish hands on all the pills and take them behind closed doors--"For public safety, of course".

    BTW, this sounds exactly like what Feinstein wants to happen to your assault weapons when you die...they come and grab them, ohms and your ammo, and then go shootin'!

    Terminal cancer patients do take take pain killers in pill form. Pretty wild allegation to me. Most cops I know including myself get drug tested often. So much for your theory. I am with others that to much info is missing on the story.
     

    IndyDave1776

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    Terminal cancer patients do take take pain killers in pill form. Pretty wild allegation to me. Most cops I know including myself get drug tested often. So much for your theory. I am with others that to much info is missing on the story.

    My late stepfather did.
     

    j706

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    My late stepfather did.

    I dont doubt you but it is not common. I go to these things pretty regularly (death investigations). The most common we see are in liquid form. The hospice people often ask us to watch them dispose of the remaing narcotics.
     

    ghunter

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    Back to the OP. What a waste of everybody's time. The War on Prescription Drugs is proving to be an even bigger joke than the War on Illegal Drugs.
     

    IndyDave1776

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    Back to the OP. What a waste of everybody's time. The War on Prescription Drugs is proving to be an even bigger joke than the War on Illegal Drugs.

    It is indeed a bad joke but it will continue as long as everyone* involved on both sides of the law continues laughing all the way to the bank over it.

    *For our lawmen, I will point out that all generalizations break down. No personal implications are intended.
     

    ClydeB

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    Setting aside the entire no warrant and trespass issue. I would really curious to see the chain of custody and subsequent proof of destruction of those seized drugs. I personally doubt they are being used to feed some cop's habit (you never know). But I can believe those drugs could be getting converted into cash.
     
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