police corruption

[kimmi-kim]

does being offered by the police i.e (lessor charge) for your co-operation in the middle of a search under misuse of drugs act W.A constitute as police corruption.
Also where can i find laws pertaining to the use of video cameras at a search under the same warrant, I really need to find out if there is a national standards or protocol.
This has happened to my b/f.
fed's intercepted a package of mdpv.
any (educated) guesses input or suggestions would be gratefully recieved.
This is my very 1st time posting something so i hope i have done it right:D

 

[MrIbis]

they are quite allowed to use video camera's, infact if i was being searched i'd prefer it.

I take it this was an AFP raid for mdpv?

How much mdpv was it?

All the things outlined seem to be legal - they will offer you a lesser charge to co-operate. depends, if they seized the mdpv, then raided - they're asking you to dob yourself in. there is no charge if they find nothing at the property - this is where most people go wrong.

No Possession = No Charge.

 

[kimmi-kim]

it was intercepted in customs etc ...sad 4 me..as i haven't tried it yet... 100g of it but analysis came back at 87g..... oh someone short changed someone.. video was running thankfully, but was turned off at inopropiate times, wot i need to no wot are the protocols for turning off and on again what needs to be said by police etc... thanks for comments..... you're my 1st..... lol I'm not a virgin any more.......

 

[hoptis]

Even without being in possession of anything, the amount of evidence the AFP can collect will determine whether they charge you with importation. Obviously your co-operation will make this easier for them, and it will also be taken into account when sentencing, but every person put in this situation has to make an evaluation of whether they have more to lose by keeping their mouth shut. If you're unsure, don't give anything but your name, confirm your address and say that you won't answer questions until you've received legal advice.

 

[hoptis]

it was intercepted in customs etc ...sad 4 me..as i haven't tried it yet... 100g of it but analysis came back at 87g..... oh someone short changed someone.. video was running thankfully, but was turned off at inopropiate times, wot i need to no wot are the protocols for turning off and on again what needs to be said by police etc... thanks for comments..... you're my 1st..... lol I'm not a virgin any more.......

Pure weight is often lighter because of other cuts, usually from the original manufacturer. You need to have a real lawyer look at the evidence the AFP have collected, they do this everyday so it's not often they get the protocols of search and seizure wrong. Nevertheless, there are a lot of them, so only a good lawyer can tell you if the feds have messed up.

 

[Jakeperson]

With that amount, get a lawyer.


His intent with it is quite obvious. I just hope he was planning to sell it as MDPV and not doing anything else dodgy with it.. In which case, he deserves jail.

 

[dextrous]

Pure weight is often lighter because of other cuts, usually from the original manufacturer. You need to have a real lawyer look at the evidence the AFP have collected, they do this everyday so it's not often they get the protocols of search and seizure wrong. Nevertheless, there are a lot of them, so only a good lawyer can tell you if the feds have messed up.

Cops don't care for the pure amount of anything, they just weigh it all as a whole. One of the mongrel cops probably stole 13 grams of the stuff, or the supplier only sent 87g, which is unlikely.


Good luck, I'd say talk to a lawyer.

 

[Crankinit]

I don't think that qualifies as corruption, it's fairly standard procedure for them to claim that you'll get a lighter sentence if you co-operate. Not sure how often that translates into reality.

You and your BF need to lawyer up, ASAP.

 

[Jordan`]

Good luck guys

 

[Sustanon]

Good luck with it all. What i dont understand is why would one import that shit anyway? Especially that much? Did he know its illegal in Australia? Thats pretty suss that 13g went missing. Very unlikely that the seller sent less. They are already making atleast 1000% profit on it so i see no point. U guys need to get a really good lawyer and hope that he isnt charged with the intent to distribute a significant amount.

 

[MrIbis]

So the drugs were intercepted at customs...

I'm going to leave some hints here for anyone stupid enough to try this, as I have done in the past.

Never import to your own address/name

Never ADMIT to AFP agents that you, personally, tried to import this substance (especially on camera)

Following those two rules it's almost unfathomable you will be charged with anything. They can make threats all they like, but what prosecution see's on a case where a raid has turned up naught, a high possibility that the defendant might not have imported it and/or had any involvement in trying to procure said drugs.

Some people i know had this happen to them with mephedrone, weight after analysis 1.13kg. AFP raid on the address = failure. Name on parcel = no one at the address.

After threatening the guy who lived there, they came back a few months later to say they knew blah blah blah about who actually imported it, but would like to offer some cash reward to this dude for information (ratting the dude in).

Both individuals are currently free from harm, prosecution or otherwise. Just from being a little bit crafty in how they went about doing this.

This isn't advice to import by the way, it's just simply what you should do/should have done if you're up to this crap.

Those two points i pointed out make it extremely hard to run a case against you.

 

[Boosh]

Simple, yet great advice MrIbis

 

[Ignatius J.]

Don't admit to a thing.

Consult a lawyer. One who specialises in CRIMINAL law. Not a friend of a friend who works in commercial litigation or conveyancing. Criminal procedure is a highly specialised area and one that most lawyers will never have any contact with.

Especially if you have been charged or warrant was issued under suspicion of an offence relating to the Misuse of Drugs Act (WA). The misuse of drugs act does not have any analogue provisions and relates mainly to possession of your typical illegal drugs and associated implements. I dont think MDPV has been specified in the MDA(WA) regulations yet so therefore it is not prohibited. The Feds should have charged you/had warrant issued for suspicion of offences relating to the Commonwealth Criminal Code.

Dont admit a thing and get to a lawyer asap. If you or your bf are charged, you have a very good chance of getting it dismissed immediately on procedural grounds.

 

[DJTiesto]

(edited out vendor website) enuff said fuckin dirty long tailed rats..tick tock

 

[marley]

This is my own opinion...nothing more...

Don't answer any questions. You have the right to silence…I strongly advise you do this until you get legal counsel.

In cases of importing a drug;

The crown must prove both knowledge and intent. That is, you had knowledge that what you were importing was indeed a drug, and that you did intend to import it into the country. If the crown cannot prove knowledge, they may be able to prove you were reckless in your actions, ie, a reasonable person would, or should, have known that what they were importing was a prohibited substance.

If you were importing 100g of MDPV, then it would be hard to argue in your favour. On the flip side, if you were importing a bath salt or party pill that contained MDPV as its active, then it would be quite difficult to prove that you knew, or should have known, it contained a prohibited substance.

 

[Crankinit]

When they do RC busts, is it common practice to seize computers and search the history for online purchases? Do they have other ways of gaining this info (viewing ISP records, or financial transactions, etc)?

 

[Sustanon]

When they do RC busts, is it common practice to seize computers and search the history for online purchases? Do they have other ways of gaining this info (viewing ISP records, or financial transactions, etc)?

Yea they certainly have the right to find/seize anything incriminating. They usually check outgoing-incoming calls, computer data and also transactions whether its an account or credit card transaction.

 

[hoptis]

This is my own opinion...nothing more...

...

The crown must prove both knowledge and intent. That is, you had knowledge that what you were importing was indeed a drug, and that you did intend to import it into the country. If the crown cannot prove knowledge, they may be able to prove you were reckless in your actions, ie, a reasonable person would, or should, have known that what they were importing was a prohibited substance.

If you were importing 100g of MDPV, then it would be hard to argue in your favour. On the flip side, if you were importing a bath salt or party pill that contained MDPV as its active, then it would be quite difficult to prove that you knew, or should have known, it contained a prohibited substance.

Spot on... the fault element in Commonwealth Criminal Code for importation is recklessness. That's all they have to prove for a judge to find you guilty.

When they do RC busts, is it common practice to seize computers and search the history for online purchases? Do they have other ways of gaining this info (viewing ISP records, or financial transactions, etc)?

Yes, they will take out the hard drive and do forensics, one of the first things they'll look for is email, then they can go through chat logs, and just about anything else you have stored. ISP records are a bit of trouble to go through for LE don't know if they'll bother, financial records are a bit easier for them to pull.

 

[dextrous]

If you want to really get rid of all your 'bad' information on your PC a simple delete and emptying of the recycling bin won't work.

Windows actually have a nifty 'CIPHER' tool accessible in the command prompt to permanently write 0's over the folder where your deleted stuff was.

So, for example, I have a folder with all my chat logs inside. I would delete the chat logs, empty recycling bin, then run CIPHER to write zero's to the folder that the logs were in. It's a pretty raw method and takes a while if you have multiple folders, but it's pretty solid.

More information on how to use it is here

Another, less effective way is to run a disk defragmentation which can rearrange your files and can overwrite the data.

Delete all saved passwords on firefox/IE (they can be backed up to a cd or flash drive or something). Delete all history, cookies, etc. and don't go to any drug sites for a while.

Demolish any old HDD's and make sure to effectively hide any portable media like data dvd's with 'bad' things on them.

 

[Sameria]

If you want to really get rid of all your 'bad' information on your PC a simple delete and emptying of the recycling bin won't work.

Windows actually have a nifty 'CIPHER' tool accessible in the command prompt to permanently write 0's over the folder where your deleted stuff was.

So, for example, I have a folder with all my chat logs inside. I would delete the chat logs, empty recycling bin, then run CIPHER to write zero's to the folder that the logs were in. It's a pretty raw method and takes a while if you have multiple folders, but it's pretty solid.

More information on how to use it is here

Another, less effective way is to run a disk defragmentation which can rearrange your files and can overwrite the data.

Delete all saved passwords on firefox/IE (they can be backed up to a cd or flash drive or something). Delete all history, cookies, etc. and don't go to any drug sites for a while.

Demolish any old HDD's and make sure to effectively hide any portable media like data dvd's with 'bad' things on them.

Some good advice there. Unfortunately even the windows cipher tool won't completely erase any trace of the files on your personal computer. I've talked to a couple of NSW forensics tech guys through work and they've told me numerous times the only sure fire way of destroying all information on a Hard drive is to dissolve the Hard drive disk in a strong acid. Short of this, - due to some stupid file type querk (for NTFS) that I cannot explain - FULLY formatting (not quick formatting) the disk 7 or more times will remove te vast majority of any data that was stored on the hard drive. Extreme data recovery is expensive but if the Feds think it's worth their time they can probably retreive it.

I remember a guy in a nearby town who got busted in part of a global Child pornography ring bust. He was suspicious of a raid so he formatted his hard drive disk with the incriminating evidence on it and put 30-40 holes through it with a drill press. It took the Forensics techs a few months to do it but they retrieved enough data of it to get a conviction.

I'm not particularly sure how flash based storages devices (such as USB drives and SSD's) go with left over data. I'll have to look into it.