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Title: Man Left Sitting in Prison for Months for "Possession" of Vitamins
Source: Activist Post
URL Source: http://www.activistpost.com/2015/02 ... ting-in-prison-for-months.html
Published: Feb 18, 2015
Author: Amanda Warren
Post Date: 2015-02-22 11:43:27 by Deckard
Keywords: None
Views: 5028
Comments: 21


Activist Post

Unfortunately, the police state has reached the point of consummation. While a person should be able to go out unmolested and carry vitamins, supplements, food, protein drinks to go or even ride in a car with a dirty spoon on the floor - each individual runs the risk of the dreaded "drug-dealer" accusation. That accusation is only the beginning of a cascading nightmare.

While it should be a no-brainer and an easy situation to clear up, it simply isn't with such a mucked up system that treats citizens like heinous murderers.

This was the case for 31-year-old Joseph Burrell of Mankato, Minnesota. Last November, Burrell was arrested in a parking lot for possessing a "white powder" after police stopped him for driving without lights. Some kind of field drug test falsely identified it as amphetamine drugs, writes John Vibes.

He was eventually charged with two-to-four counts of drug possession felonies and held in a county jail for three months with a $250,000 bail. Not once did anyone investigate his repeated claims that it was simply vitamins.

Burrell only had his charges dropped, just as he was about to go to trial in two days - thanks to an official lab test finally conducted.

He said:
I was furious, I was hot, I was pissed off. At the same time, it was like, unbelievable. I believe the prosecutor in Blue Earth County was dragging their feet. I got arrested November 14, 38 days later, he finally sends the alleged amphetamines for the BCA lab to get final test results.
What is particularly tragic about his situation - and all too common - is the complete lack of due process - and lack of evidence. How long does it take to submit a substance to a lab for a valid test? Answer: hours at a local lab, if a moron can't figure out the substance. Why is it that the officer isn't questioned about his on-the-field-test which led to slamming an innocent man behind bars? Answer: he's doing his job and is going to get a promotion at the victim's expense. Where is the speedy trial? Answer: see next paragraph.

The reason they wait for so long for the test/trial is because they hope for a plea bargain which can actually catapult the victim straight into prison with a record - at the very least stick the person with large fines for his "guilt." Burrell waited them out, resting firmly on his innocence. The prosecutor's allegedly refused to believe this and purposely waited, but think about it, they knew. How many of those caught with actual illicit materials would confidently say - "Go ahead, test it!"

If you watch the news video, you will see the anchors make great emphasis that Burrell has quite the record. One wonders if he was trying to improve his life with vitamins. This revelation would make a lot of people say, "Can you really blame the police then?" Yes! This is all the more reason to be concerned. They were so confident in seeing his record, that the substance was misidentified and he was left to sit in jail on the hopes of padding a prison cell. It's true, his past record is murky, but he was almost sent to prison for vitamins. Being a patron of the system, he knew to wait it out, whereas many "first-timers" are frightened into taking the "bargain."

Sadly, three months is a significant amount of time to be locked up, denied medical treatment, fed garbage and having to use the bathroom in front of others. It's enough time to lose jobs, strain relationships and drain bank accounts. Not exactly the best way to "rehabilitate" a recovering drug-user, if that were in fact, the actual goal.

Burrell is planning to file a civil lawsuit against the police department in the near future.

At this point, can the "War on Drugs" even be considered a cause for this blatant human rights violation? This is a war on you. If not supplements, cough medicine or Spaghetti-O spoons, it would be something else...a false "hit" on a vehicle by a unit dog that gets a treat for it.

See the video at John Vibes' report - mind-numbing madness.

(1 image)

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#1. To: Deckard (#0)

Conceptionally, the "right to a speedy trial" has given way to contemporary government rules that legitimize nonsense.

Pridie.Nones  posted on  2015-02-22   11:51:53 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

A Mankato police officer was patrolling near the Riverfront Drive HyVee grocery when he saw a car leaving the lot without its headlights on. After the car was stopped, Joseph Ray Burrell, 31, currently of Eagan, was identified as the driver.

Burrell's name was reported to dispatchers, who told the officer Burrell had a warrant for his arrest for fleeing an officer on foot. That warrant had been issued by St. Louis County authorities in June after Burrell failed to appear for a court hearing in Virginia.

As a result, Burrell was arrested and the car he was driving was towed to an impound lot. The car was searched before the tow, however, and the officer reported finding a bag containing drugs. There was a small bag containing a small amount of cocaine and a larger bag containing about a half ounce of crystal shards that tested positive for amphetamine, according to the criminal complaint filed in Blue Earth County District Court Friday afternoon.

According to court records from the fleeing case in St. Louis County, Burrell ran when his vehicle was stopped in April. The officer reported Burrell escaped and spent the night in the woods before he was apprehended. That officer also noted Burrell had a long criminal history (which included drug charges as well as domestic assault, stalking, and kidnapping).

About a month later Burrell was stopped in Le Sueur, where he was living at the time, by another police officer on routine patrol. The Le Sueur officer said he stopped the car on May 22 because it was moving slowly and the driver and passenger were not wearing seat belts.

Burrell had a warrant for his arrest at that time, too, so he was arrested. At that point Burrell told the woman in his car to get out and lock it, the officer reported. After about $300 in cash was found in Burrell's pocket and a marijuana pipe was found on the windshield of the car, the car was towed. The owner of the car, a mechanic who said he provides it to customers as a loaner, was contacted and said there shouldn't be any drugs or weapons in the car.

The car was eventually searched. Investigators reported finding one bag with more than a half ounce of methamphetamine and another bag with 1.5 ounces of the drug.

misterwhite  posted on  2015-02-22   12:09:02 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#2)

Multiple warrants

History of resisting or running

History of possessing unlawful substances.

How do we muster sympathy?

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-22   12:17:57 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#2)

How much does this story relate to one of a person who is held in jail for nearly three months for possessing vitamins?

Just because he had a record did not mean they had a right to hold him without verifying that they had actual evidence.

Just another Barny Fife fumbling his gun.

misterwhite's and GrandIsland's hero!!!

TheFireBert  posted on  2015-02-23   2:08:52 ET  (1 image) Reply   Trace   Private Reply  


#5. To: Deckard (#0)

The reason they wait for so long for the test/trial is because they hope for a plea bargain which can actually catapult the victim straight into prison with a record - at the very least stick the person with large fines for his "guilt." Burrell waited them out, resting firmly on his innocence. The prosecutor's allegedly refused to believe this and purposely waited, but think about it, they knew.

Prosecutors wanted to be efficient and that means high conviction rate. And they were reasonable (in their own mind) by offering him a reasonable compromise - he would plead guilty, get a mild sentence, save the taxpayers money and keep the wheels of justice moving.

What is impressive is that the laboratory tests were honest - they could fake the results! It means that the system still retains a lot of integrity. Let us hope that it remains to be so in the future.

A Pole  posted on  2015-02-23   2:29:58 ET  Reply   Trace   Private Reply  


#6. To: GrandIsland (#3)

History of possessing unlawful substances.

How do we muster sympathy?

Do you muster sympathy often? Are you sure that unlawful substances weren't planted? Would you plant them if you do not sympathy to the perp?

A Pole  posted on  2015-02-23   2:34:34 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#0) (Edited)

The length of time Burrell spent incarcerated was of his own making and that of his fellow druggies.

His bail was set because he had previously failed to appear for a court hearing and his criminal record. The delay in obtaining the confirmatory tests was caused by the high volume of drug related cases being processed for testing….too many druggies awaiting trial.

The State of Minnesota may establish probable cause based on evidence of a positive field test of a substance alleged to be a controlled substance….without evidence of a confirmatory test of the substance. The use of a ‘field test’ which is a presumptive test, is legally sufficient. A problem sometimes occurs because there is no drug identification system in use which completely eliminates the occurrence of false positives and false negatives.

A false positive occurs when the test kit indicates the substance tested positive for a drug, even though the substance is not, in fact, the drug in question. Therefore in order to screen out false positives, LEOs rely on a forensic lab to conduct a confirmatory test to qualitatively identify an unknown substance.

The Court of Appeals in Minnesota gave authority to trial courts to look at the surrounding evidence and make a determination of probable cause without such a confirmatory test.

“In a prosecution for possession of a controlled substance, the state may, depending on the facts and circumstances of a particular case, establish probable cause based on evidence of a positive field test of a substance alleged to be a controlled substance, without evidence of a confirmatory test of the substance.”
http://www.mncourts.gov/opinions/coa/current/opa091384-0420.pdf

Burrell probably would have been released on one's own recognizance had this been his first offense. Since Burrell was a repeat offender and none of his friends and associates had enough faith in him to become the indemnitor and promise to pay the bond….he sat in jail.

Gatlin  posted on  2015-02-23   8:11:28 ET  Reply   Trace   Private Reply  


#8. To: TheFireBert, misterwhite (#4) (Edited)

Just because he had a record did not mean they had a right to hold him without verifying that they had actual evidence.

“In a prosecution for possession of a controlled substance, the state may, depending on the facts and circumstances of a particular case, establish probable cause based on evidence of a positive field test of a substance alleged to be a controlled substance, without evidence of a confirmatory test of the substance.” http://www.mncourts.gov/opinions/coa/current/opa091384-0420.pdf

Gatlin  posted on  2015-02-23   8:33:39 ET  Reply   Trace   Private Reply  


#9. To: Gatlin (#8)

“In a prosecution for possession of a controlled substance, the state may, depending on the facts and circumstances of a particular case, establish probable cause based on evidence of a positive field test of a substance alleged to be a controlled substance, without evidence of a confirmatory test of the substance.”

Oh, you mean the cops and prosecution can just make shit up and declare that a substance is drugs without even testing it?

Welcome to Police State Amerika.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-02-23   8:44:04 ET  Reply   Trace   Private Reply  


#10. To: A Pole (#6)

Do you muster sympathy often? Are you sure that unlawful substances weren't planted? Would you plant them if you do not sympathy to the perp?

I don't have sympathy for rapists, doesn't mean I run around planting their sperm in victim girls.

This guy is a multiple time CONVICTED offender. Was all his convictions planted? There comes a time where your sympathetic, liberal bleeding heart is a cancer to the rest of the law abiding society.

If you think he's such a nice guy, as a sentence, After a trial by his peers, let's handcuff him to you for 5 years as an alternative to incarceration. Protect him from all those mean drug planting cops. lol

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-23   9:55:49 ET  Reply   Trace   Private Reply  


#11. To: Deckard (#9)

Welcome to Police State Amerika.

Your America....not mine, criminal!

Gatlin  posted on  2015-02-23   13:14:52 ET  Reply   Trace   Private Reply  


#12. To: Gatlin (#11)

Your America....not mine,

Nope - you and your fascist cop-worshiping badge bunny pals have turned this once great country and bastion of freedom into a total police state/surveillance nightmare that makes Orwell's 1984 look like a trip to Disneyland.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-02-23   13:26:35 ET  Reply   Trace   Private Reply  


#13. To: GrandIsland (#3)

screw you porker pig cop....you and your kind deserve your comeuppance.

TEA Party Reveler  posted on  2015-02-23   21:01:21 ET  Reply   Trace   Private Reply  


#14. To: Gatlin (#11)

That's exactly YOUR America porker pig cop thug bastard.

TEA Party Reveler  posted on  2015-02-23   21:01:52 ET  Reply   Trace   Private Reply  


#15. To: A Pole (#5)

Prosecutors wanted to be efficient and that means high conviction rate. And they were reasonable (in their own mind) by offering him a reasonable compromise - he would plead guilty, get a mild sentence, save the taxpayers money and keep the wheels of justice moving.

And in their quest to do all that, we unleash career criminals back in society for repeat victimization... and send the message that there are no consequences for breaking laws... and you've just uncovered the reason why our society is such a shithole and why the WOD IS LOSING.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-23   21:20:16 ET  Reply   Trace   Private Reply  


#16. To: GrandIsland (#15)

And in their quest to do all that, we unleash career criminals back in society for repeat victimization... and send the message that there are no consequences for breaking laws... and you've just uncovered the reason why our society is such a shithole and why the WOD IS LOSING.

One should make justice system cheaper and more efficient. People charged with a crime are guilty - there is no need for a wasteful process. Sentences should be mandatory and long, unless a convict is not able to work in a privatized prison, then he should given a death sentence to be carried out immediately.

The upright citizens ie people of means who are independently wealthy should be immune from the justice system. Their success is a compelling proof that they are superior people beyond any suspicion or reproach.

The government should be reduced to the minimum ie to the function protecting private property - only police and army are needed for that.

A Pole  posted on  2015-02-24   3:32:27 ET  Reply   Trace   Private Reply  


#17. To: A Pole (#16)

One should make justice system cheaper and more efficient. People charged with a crime are guilty - there is no need for a wasteful process.

They must be allowed a jury trial of their peers. It's constitutional.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-24   4:40:03 ET  Reply   Trace   Private Reply  


#18. To: GrandIsland (#17)

They must be allowed a jury trial of their peers.

Why is it then that so many cops appoint themselves judge, jury and executioner?

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-02-24   5:25:35 ET  Reply   Trace   Private Reply  


#19. To: GrandIsland (#17)

They must be allowed a jury trial of their peers. It's constitutional.

Since when do you care?

A Pole  posted on  2015-02-24   7:06:33 ET  Reply   Trace   Private Reply  


#20. To: Deckard (#18)

Why is it then that so many cops appoint themselves judge, jury and executioner?

Nice "anti-cop agenda" plug. No time is a bad time to sell your dose of fear monger.

To answer your question, I don't believe "so many" do.

As you know, the American criminal justice system is made up of several sections

1) Elected Politicians make the laws

2 LE enforces those laws

3) Judicial and DA's

4) Correctional, parole/probation

"Cops" only take part, mainly in 2 and some of 3. They have nothing to do with 1 and 4

You blame 2 for what 1 does... because of your misunderstood hatred for 2, you're blind to the poor jobs of 3 and 4.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-24   10:14:35 ET  Reply   Trace   Private Reply  


#21. To: A Pole (#19)

Since when do you care?

Since 1965.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-02-24   10:24:39 ET  Reply   Trace   Private Reply  


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