NEW ORLEANS — A Louisiana man will face a judge for carrying cocaine on Amtrak after pleading guilty to prosecutors’ charges.
NOLA.com reports that a 49-year-old New Orleans man was traveling on a one-way ticket from Houston to New Orleans carrying a duffel bag and a pillow. The train was likely the Sunset Limited.
When the man arrived in New Orleans, police who had been searching train records for suspicious activity, asked to search the man’s belongings, but he eventually fled with his pillow. The pillow concealed a 2.85-pound brick containing cocaine.
The man had a prior conviction for conspiracy to distribute cocaine.
George: I’m sorry to report that here in the New York, New Jersey area, we too have shysters like Dewy, Cheatum and Howe. Also, those lawyers from Buffalo, NY, Celino and Barnes advertise here. I thought that they had split. I know that this has nothing to do with the story but I thought that you should know about this. PS. I like your signs of your trains along the NEC. And that you want to see Andersen get fired. I agree with you 1000%!
If you are not guilty of a crime, what is the harm of allowing police to search your belongings? I know, we have “rights” in the US but doesn’t that imply that we have the right to consent? If you can spare the time. wouldn’t it be easier to just let them do their thing? Granted that might not be a good idea if you are among those who might be “profiled” With the headlines as they are today with reports of beatings by police, would it not be in your interest of self preservation to give permission? I am not advocating one side or the other, just curious about opinions on why it might be a good idea or not.
A H— you must not have any clients at all, to have this much time, writing comments on Trains. Just saying, your bla,bla,bla is certainly “getting old”..
Mister Landey:
I agree with you that one should at all times endeavour to keep his behaviour within the law. But even so this might not be enough to avoid an unpleasant encounter with a law enforcement agent all of whom, as we all well know, are invariably polite, upholding of the law, and never, ever stoop to such tactics as twisting anything you say, planting evidence, or beating the hell out of you just because they can.
Staying within the law is no guarantee you will not go to jail. My comments (which are not legal advice but simply random comments on such things as the weather and the price of hair gel in Boston) stand.
Never talk to the police. Never consent to a search. Always demand an attorney.
The above comments are general in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Go find your own goddam ambulance chaser.
Anna ….excellent advice to follow.
ANNA POSTS – Never ever say anything to the police. Yeah, you have a right to remain silent and all that jazz. I know the drill. I watch Blue Bloods and Law and Order SVU so I know all that. Here’s what I post: obey the law, don’t run drugs, don’t commit crimes, and don’t listen to lawyers. Instead of listening to lawyers, grow a conscience. It will serve you well.
George, I could tell you what I think of “ambulance chasers” but such language does not belong in a public forum. The legal profession is overhyped, oversold, and overcrowded. Way overcrowded.
I wasn’t joking when I made that comment about swimming in the sewer and being astounded by the behaviour of some of the other rats. I have seen stuff in my time that I would never scrawl on an underpass.
On the other hand there is the fact that there just plain isn’t enough work to go round, and desperate people will do desperate things. Me, I went through the grinder at a time when you could do it for a reasonable amount of money, and my student loans have long since been paid off. That, and I have several certifications in a hard science and in engineering which means that I do not have to compete directly with the real scum in the legal (so-called) profession. I just have to deal with them when they try to cause trouble.
My employment suits me. I feel that I actually make a contribution to society, and I can do it without having to destroy other people just to stay fed. This means I do not have to be a predator. I like that.
Some of the people in the trade that I have encountered…well let us simply say that on appearances they seem to view ethics as purely optional.
The above comments are general in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Go find your own goddam pettifogger.
Anna – You hit one of my buttons. When I was a young man, a “goddam(n) ambulance chaser” was the pissant of the legal profession, scorned by the ethical (heh) bar and the Bar Association alike. Now these bottom feeders advertise on TV for clients and sponsor (at least here in upstate NY) the local news broadcast. No patented pharmaceutical or medical procedure is without these leeches looking to suck their blood. As Charles Krauthammer used to say, “Strong letter to follow.” Apologies to all, this has nothing to do with this Newswire piece. So sue me.
Daniel, I really doubt it was the Argonaut–perhaps is was the Alamo or the Houstonian or Orleanean?
“The train was likely the Sunset Limited.” Sure it wasn’t The Argonaut?
I didn’t know so many rail fans carry dope? From the below comments,a lot must!!!
With the current Amtrak administration, look for pillows to be banned.
George:
I believe you are confusing perjury – which requires that you be under oath – with making a false statement to a law enforcement agent.
If you are on the stand (there are other situations, such as making an official statement, which invoke perjury) it is the job of opposing counsel to tie you into little knots and have the ends flap loosely. Hopefully your counsel will be on the ball and quick to object to any line of questioning which, absent bad faith, would result in a contradiction in your testimony.
If you talking to a law enforcement agent his job is to build a case. If he can’t get you for anything else he can (and will) try to get you for making a false statement to a law enforcement agent.
It shouldn’t be this way, but there is a well established “win at any cost” mentality on most if not all levels of the criminal justice system, so be prepared.
Say NOTHING to the police. (exceptions, if you operating a motor vehicle you are required to supply certain documentation, and if you are arrested you are required to provide basic biographical data. But don’t tell them anything else.).
Get yourself an attorney. Demand that he be present before and during any questioning. Let him do the talking.
I can’t emphasize this enough. DO NOT TELL THE POLICE ANYTHING!
Now, about the poor schlub who is the subject of this article. All he had to do was to say “No”. He didn’t, and now he is going down Angola way…actually no, Angola is a state prison and it was los federales who got him. Atlanta, most likely, possibly Marion, Illinois. But whatever the case, it won’t be Club Fed.
The above comments are general in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Go find your own two-bit shyster.
Cops in Chicago violate your rights ALL THE TIME, I was born & raised and visit often, When recruits are purged from the hood, that’s what you get, a thug with a badge. Ok back to this story, What an idiot, probably a snitch dropped the dime on him, how else did they go directly to him? From a “list for suspicious activity “ BS!!!!
Anna – You have finally said something I wholeheartedly agree with. Took some time, but I knew my faith in you was warranted. There have been recent articles about how easily the Feds can get you for perjury if they have nothing else, and you yap, yap, yap.
Never EVER EVER EVER give the police permission to search you or your belongings. That they ask is an indicator that they do not have probable cause. If they have probable cause then they won’t be asking permission.
Never EVER EVER EVER say ANYTHING to the police.
There are three possible classifications in an encounter with the police.
(1) The conversation is consensual. In this case you can simply walk away.
(2) You are being detained. In this case they have to state what their reasonable suspicion is.
(3) You are under arrest. In this case they have to state what their probable cause is.
(4) There is no fourth possible classification in an encounter with the police.
You can tell what your status is by asking if you are being arrested. If they say “No”, then you ask if you are being detained. If they say “No” then bid them good day and get the heck out of there.
Refusing to allow a search is not grounds for obtaining a search warrant. This is settled case law.
Refusing to answer questions is not grounds for arrest. This too is settled case law.
Of course, the police will push the limits and frequently do not obey the law. But do not make it easy for them. Make them work for their donuts.
If you are arrested or detained the only three things out of your mouth should be:
(1) I do not consent to any search.
(2) I am invoking my Fifth Amendment right to silence.
(3) I am invoking my Sixth Amendment right to speak to legal counsel before any questioning.
This will not stop them from trying. Do not say anything else.
The Nine Wise Men have decreed that when a detention lasts past, say, 20 minutes or so it becomes an arrest. The police know this and will try to string things out so that they are past this limit – which gives them the authority to do a “custodial” search of you and your belongings. However – and this is also settled case law – if they do not have a reason to prolong a detention to this extent, it is an unlawful detention and arrest, and anything they find is considered to be “the fruit of the poisonous tree” and therefore inadmissible as evidence.
Let your attorney do the talking. Talk only to your attorney. Talk to nobody else. Not your sister, not your mother, not your significant other.
And certainly not to your friendly local jailhouse informant.
If people refused to talk to the police there wouldn’t be enough people in prison to sweep the floors.
The above comments are general in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Go find your own goddam mouthpiece.
UMMM…Angola bound and down. Would not want to be him.
If convicted, the 49-year-old man will likely not be transported on “The Crescent” or “The City of New Orleans”. If he were to, it would be an unplanned connection after a long layover. More than 72 years ago, Al Capone was transported by train along the Sunset Route” on the way from California to a federal prison in Atlanta.
Not me Kenneth, I been in the Military, worked in the Railroad and work in Aircraft maintenance, So No I do not carry or use or endorse drug use
Anna – I was referring to recent efforts to “turn” various political figures against their higher-up fish by “inviting” them to testify before a Grand Jury. “Sure, I have nothing to hide.” Then, “If you don’t give us the dirt on so-and-so, we will charge you with perjury, because you said “X” to the Grand Jury but GJ witness said “Y.”