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  #31  
Old 01-01-2014, 01:45 PM
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Originally Posted by t walgamuth View Post
Really poor choice of words.
Why?

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  #32  
Old 01-01-2014, 01:52 PM
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from link's link:
The law states: “No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.”

Group that with "All men are potential rapists because the have the equipment"

Or All women are prostitutes because they have the required equipment"

Can a law like this really stand a court challenge? Whatever happened to the presumption of innocence?
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  #33  
Old 01-01-2014, 01:59 PM
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If we do away with the law then the drug traffickers win.
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  #34  
Old 01-01-2014, 02:01 PM
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Originally Posted by MS Fowler View Post
Can a law like this really stand a court challenge? Whatever happened to the presumption of innocence?
I believe it can, since the state must establish that the accused knowingly operated, possessed, or used a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.”

Pretty high standard for a conviction.
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  #35  
Old 01-01-2014, 02:03 PM
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Were Appalachian bootleggers busted with similar laws?
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  #36  
Old 01-01-2014, 02:29 PM
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Quote:
Originally Posted by MS Fowler View Post
from link's link:
The law states: “No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.”

Group that with "All men are potential rapists because the have the equipment"

Or All women are prostitutes because they have the required equipment"

Can a law like this really stand a court challenge? Whatever happened to the presumption of innocence?
And like all criminal laws the issue is one of intent. The People must prove intent on the part of the accused.

All men might have the equipment, but do they have the intent? The answer, until proven to a Jury by the state, is no.
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  #37  
Old 01-01-2014, 02:31 PM
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Originally Posted by Botnst View Post
Were Appalachian bootleggers busted with similar laws?
Pretty much, but there was always a bit of shine left in the tank when they were caught. It only took a few drops to be found guilty of evading taxes.

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