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Emergency American arrested today for selling illegal drugs

Discussie in 'Dumaguete City' gestart door Glendazumba, 16 jun 2019.

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  1. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I missed where they stated there was a warrant. But a warrant is nothing even close to a conviction and should never be confused with evidence of guilt.

    Also, what are the evidence standards for issuing a warrant? What has to be proven? I think not much.

    Procedures exist for a reason. If they weren't following it then that is on the police. I would rather see 100 guilty drug dealers be set free than see 1 innocent person in prison for life.
     
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    Rye83, 18 jun 2019
    #21
  2. danbandanna

    danbandanna DI Forum Patron Highly Rated Poster Showcase Reviewer Veteran Marines

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    danbandanna, 18 jun 2019
    #22
  3. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    So this isn't his second arrest for dealing. https://philippineslifestyle.com/dumaguete-drug-bust-american/

    His first arrest was for possession (using). I think the dealing charges works similar to those in the US: caught with more than a certain amount you are automatically charged with "possession with intent to sell". I bet whoever did the paperwork this time around had it went over with a fine-toothed comb before submitting it up.

    The guy definitely should have left the country, if possible, after being released on his first arrest for possession. Sticking around was a really bad idea. The second those prison doors opened for him he should have been heading to the airport or port to get out of the Philippines (or, at the very least, to another city in the Philippines).
     
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    Rye83, 18 jun 2019
    #23
  4. Toto

    Toto DI Senior Member

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    Oh, I agree with that Rye83, but I'm also sympathetic with police that sometime we ask them to make an instant decision that later goes against them in a US Supreme Court Decision decide 5-4/ And I think there are people in jail right now who didn't do it, but were given the choice of pleading guilty to one additional year or go to court and risk 15 years. That's the US system and if you are poor, that's your choice. In trying to find his lawyer I ran into this page.

    http://www.paulpetrea.com/2018/05/james-thomas-hubert-age-47.html
     
    Toto, 18 jun 2019
    #24
  5. Toto

    Toto DI Senior Member

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    I also found this on Living in Cebu forums:

    I was in a regional trial court and watched as a buy/bust case was dismissed by the judge. The evidence (the drugs) had been handled incorrectly during the process of testing and storing them. Police and lab people failed to follow the procedures, so the defense attorney pointed out the inability of the prosecutor to establish clear evidence the drugs were in fact, the drugs involved. This discussion had been going on for some prior times in court, but finally it was clear the evidence was unusable in court. Guy walked free.
     
    Toto, 18 jun 2019
    #25
  6. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    It is called "chain of custody"...and there are very good reasons why it needs to be maintained.
    https://en.wikipedia.org/wiki/Chain_of_custody
     
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    Rye83, 18 jun 2019
    #26
  7. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Anyone seen the movie 'West of Memphis'?
     
    Notmyrealname, 18 jun 2019
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  8. Toto

    Toto DI Senior Member

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    I have a Law Degree and am familiar with the chain of custody, having spent 29 years as a Federal Agent. Are we fencing Rye83? I'd prefer not to. I respect your knowledge and research capabilities. I'm interested in who his attorney is. I scrupulously obey the law, but believe in being prepared.
     
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    Toto, 19 jun 2019
    #28
  9. Happy Camper

    Happy Camper DI Senior Member Restricted Account Infamous Showcase Reviewer

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    Not sure what they are here, but I have applied for warrants before in the US, they are not as easy to get as one might think.

    And yes, a warrant is not a verdict of guilty. It is simply presenting evidence to obtain a search in which you believe will uncover proof that a crime was committed. Verdicts are handed down either by a Judge or a Jury.

    Misleading a Prosecutor or a Judge to obtain a questionable warrant will not end well.

    We may see proof of that soon enough in the US.
     
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    Happy Camper, 19 jun 2019
    #29
  10. Philpots

    Philpots DI Senior Member Restricted Account

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    I'm thinking Immigration/NBI may get interested in this and deport him. Philippine justice system usually isn't too interested in foreigners "rights" and the easy way out is to deport with a bar on re-entry. Any comments?
     
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    Philpots, 19 jun 2019
    #30
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