USA - 1 year sentence for Research Chemicals

[awakening]

After a 3 year hiatus SWIM's lab rats have decided to return from hiding to tell the tale of their involvement with RC's and the resulting consequences. I will do my best to relate the story as told to me by SWIM's rodent friends. Please Bear with me, i will try to keep it short as possible without sacrificing too much detail.

SWIM was enlisted in a branch of the us military and was stationed in Okinawa, Japan. After several months of research regarding RC's on various forums SWIM ran into a street vendor in Tokyo selling various RC's. SWIM purchased 2c-e and Methylone and began to experiment with his lab rats. The results were wonderful and SWIM made the decision to order from several different online vendors. All orders arrived without incident and thus began a wonderful ongoing relationship between SWIM's rats and RC's.

6 or so months down the road SWIM by chance happened to come across some younger Lab rats who had discovered RC's as well. SWIM decided to join his rats with these younger rats as they appeared to know what they were doing. As it turned out these younger rats were not very careful and were mixing things and taking estimated dosages. SWIM even witnessed another give an unknowing lab rat, who had been drinking, a strong dose of AMT. During the uncontrolled barfing and confusion that insued the younger rats were telling the unknowing rat he was dying.

SWIM immediately decided to never speak to these younger rats again. They were dangerously out of control. A few weeks later one of the younger rats showed up on SWIM's doorstep begging SWIM to hold onto a pipe he was afraid his parents would find. the rat assured SWIM it only contained salvia so SWIM agreed. Before leaving the rat procured a business card with a mushroom and a phone number on it stating that this person had a excess of ecstacy he needed to get rid of and told SWIM to call.

SWIM of course ditched the card. It was too strange. The following day SWIM recieved a phone call from a person claiming to be a friend of the younger lab rat. He wanted to sell ecstacy to SWIM. SWIM immediately assumed that this was some sort of enforcement agency. SWIM told the person he would love to buy around 3 million pills and would pay be check...it's in the mail.

2 SWIM, wife, and friend had just given their rats a 24mg dose of 2c-e when BOOM!!! a joint operation full scale raid was conducted on SWIM's house by several of our most beloved alphabet friends. SWIM was thrown to ground hog tied and beat before being drug out onto the street and placed in a drain ditch before the entire neighborhood. Full SWAT gear M16s you would of thought SWIM was smuggling weapons grade uranium they he was treated. SWIM was then forced to endure 28 hours of interrogation, abuse, and all around mind f*** all during a full blown 2c-e trip.

After obtaining enough information to charge SWIM with everything under the sun he was released and began the charade of the military justice system. SWIM was originally charged with the possesion, use and distribution of each substance (6 to be exact) and the possesion of drug paraphanalia (the young lab rat's pipe contained THC). oh and apparantly When dealing with the alphabet entities sarcasm does not get noted (the warrant for the raid was obtained by showing the transcript of the converstation where SWIM offered to buy a million x pill by check.)

SWIM's first plea offer was 112 yrs at 50% which SWIM politely declined. Then immediately relieved himself of his military appointed counsel in favor of a much more experienced albeit expensive attorney.

After a year of court battles (courtesy of the military's lack of a double jeopardy law), in which SWIM repeatedly was found not guilty of possesing, using, or Distributing any CONTROLLED SUBSTANCES even under the analogue act, JAG took a new approach. All charges were dropped and SWIM was recharged with ART. 134 of the UCMJ. quoted as follows
“Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”

SWIM was sentenced to and served 1 year in confinement. I was not going to post this experience as related to me by SWIM's rats due to the possibility of a ban for SWIM's ignorant behavior but i believe this account may help show what getting careless with your research can result in.

questions welcome

Reputation Comments on this post:

	Good post!
	scary thanks for sharing
	thank you for sharing your experience. I agree that many will find this most valueable to read.
	Thanks for sharing the details of this traumatic incident. I hope it helps others avoid the same problems.
	Thanks for sharing an intriguing and informative tale.
	thanks for shysring
	Very informative post. Thanks for providing such delicate information.
	Scary yet amusing story (sucks what happened)
	Fascinating, horrible story!
	amazing story
	an interesting and cautionary tale, thankyou for sharing

[gmeziscool2354]

wow, so did the young fuck rat swiy out? (no pun intended) cause swim has had several experiences like that, where an anonymous FOAF will call or email him looking to sell large quanities of drugs. it once happened that he got an email looking to get like 400 benzos from a foreign country and it had an alphabet signature. he promptly told the solictor that he did not use illegal drugs and would reccomend that they not offer to sell to strangers.

still, swim has been involved in very similar activities to SWI OP. he will try and be more careful

[awakening]

aforementioned young rat was arrested after a fellow young rat OD'd on 2c-e, mescaline, percocet concotion, and a chain of snitching ensued all leading to SWIM. SWIM was labeled by news media as an international drug traffiking kingpin. SWIM was only found in possesion of about 10grams combined substances.

[snapper]

Was the investigation by militairy police, and was it in Japan or in the US ?
SWIM thinks MPs might have more leverage in these cases due to the more restrictive nature of militairy law.
SWIM is sorry too hear about what happened, and though 1 year incarcerated must be pure torture, SWIM cannot imagine that kind of bust on that much 2CE! What a nightmare ..

[Herbal Healer 019]

Kind of confusing...So SWIy's friend who gave SWIy the pipe & the card ratted SWIy out? or some random guy called SWIy & that lead to their arrest? Sounds alot like the guy who handed SWIy the card set him up...& who are alphabet entities?

[gmeziscool2354]

Dea, ATF, FBI Et cetra

[awakening]

Investigation was done by JDEA, NCIS, OSI, and COD. SWIM cannot even begin to describe the terror that was being raided in mid 2c-e trip. For a very long time after the incident SWIM suffered from extreme panic attacks often completely flipping out in public places. Better now but man SWIM was crazy there for awhile. Not sure if that can be attributed to the fact that SWIM was on 2c-e at the time or to the whole situation in general. I think it would have been just as traumatic to SWIM either way.

[Alfa]

That was probably due to the combination of both, as 2c-e probably intensified the already traumatic experience. SWIY landed in an interrogation that MKUltra could not have done any better.

[awakening]

The interesting thing about SWIM's whole experience was that even tho several trials and a large amount of money were used, JAG was unable to convict SWIM for possessing a controlled substance. He was only convicted of "being bad" in the military. JAG's entire case revolved around the fact that had SWIM been called to battle during a trip, he would not have been able to perform. This leads SWIM to believe he would not have been convicted of anything had he not been in the military.

[Pondlife]

Thanks for sharing this information. These sorts of reports are especially useful in showing how the various agencies work.

It seems clear that once they had found some substance, even if it was strictly speaking not illegal, they were determined to convict for something - anything in fact. I'm glad to see that the person had the presence of mind to reject the 112 year "offer" - it sounds like the military-appointed councel was not acting in SWIY's best interest there.

I guess the biggest lesson for others from this tale is to clean house as soon as you smell bacon. Sure, their job was made easier by the sarcastic comment, but I expect that they would have tried other things to get the warrant, and would have probably succeeded eventually.

It also shows the danger of associating with stupid rats that have no morals. Anyone who will dose an unknowing person with a psychedelic is likely to end up busted one day, and will have no hesitation in grassing up whoever they can think of to save their miserable skin.

[Richard_smoker]

my god, this really also goes to show you the gap that exists between passing of laws banning specific RC's and the prejudice of law enforcement & judicial regard for those who have essentially broken NO LAW.

to me, this attitude goes against every tenant and tradition of democracy and our privacy rights--including the right to no unreasonable search or seizures.

Unless something has drastically changed in the interpretation of constitutional law, there is a requirement on ANY WARRANT that the warrant must specify exactly what illegal materials are going to be seized.

Excellent example: Let's say that police were executing a warrant after obtaining evidence that a household was being used as a methamphetamine lab. The warrant would require a statement that the police were authorized to search, seize, and charge for illegal possesion of meth precursors, listed chemicals, methamphetamines, and drug paraphernalia.

Well, if the police search through the house looking for these drugs, but instead they were to find illegal pornography, then they wouldn't be able to prosecute the individual because there was no mention of pornography in the search warrant.

I realize that this sounds crazy, but i watched an entire documentary that described this very scenario (not for a meth lab, but for drugs). According to the narrator, this case was a landmark trial for civil liberties and protection of privacy.

Therefore it is my understanding that no legal compounds or chemicals could be gathered in executing the warrant. How would one even OBTAIN a warrant to seize legal, unregulated, unrestricted chemicals??

The only way I can imagine that this could be done would be in the situation where someone was selling or in any other way presenting RC's as though they were actually illegal drugs. Hence the "research chemical" designation and requiring that any purchase NOT be used for human ingestion.

Please, someone feel free to comment on this as I admit that most of this post is based upon my assumptions on civil liberties, not up-to-date facts. I am not a lawyer, but i'd love to hear the opinions of anyone who understands the law. -DICK

[TestPattern]

Originally Posted by Richard_smoker

my god, this really also goes to show you the gap that exists between passing of laws banning specific RC's and the prejudice of law enforcement & judicial regard for those who have essentially broken NO LAW.

to me, this attitude goes against every tenant and tradition of democracy and our privacy rights--including the right to no unreasonable search or seizures.

Unless something has drastically changed in the interpretation of constitutional law, there is a requirement on ANY WARRANT that the warrant must specify exactly what illegal materials are going to be seized.

Excellent example: Let's say that police were executing a warrant after obtaining evidence that a household was being used as a methamphetamine lab. The warrant would require a statement that the police were authorized to search, seize, and charge for illegal possesion of meth precursors, listed chemicals, methamphetamines, and drug paraphernalia.

Well, if the police search through the house looking for these drugs, but instead they were to find illegal pornography, then they wouldn't be able to prosecute the individual because there was no mention of pornography in the search warrant.

I realize that this sounds crazy, but i watched an entire documentary that described this very scenario (not for a meth lab, but for drugs). According to the narrator, this case was a landmark trial for civil liberties and protection of privacy.

Therefore it is my understanding that no legal compounds or chemicals could be gathered in executing the warrant. How would one even OBTAIN a warrant to seize legal, unregulated, unrestricted chemicals??

The only way I can imagine that this could be done would be in the situation where someone was selling or in any other way presenting RC's as though they were actually illegal drugs. Hence the "research chemical" designation and requiring that any purchase NOT be used for human ingestion.

Please, someone feel free to comment on this as I admit that most of this post is based upon my assumptions on civil liberties, not up-to-date facts. I am not a lawyer, but i'd love to hear the opinions of anyone who understands the law. -DICK

I believe a prosecutor (or judge I suppose) would cite the case of US vs Leon (1984), which resulted in the creation of the "Good Faith Doctrine." In this case, the police received a tip from an informant that Leon was a drug dealer, and a warrant was issued for the search of his residence. As it turns out, the information was outdated, and the specifics of the case were off, HOWEVER, the officers conducting the search did find drugs/contraband on the premises belonging to Leon. The defense argued that this evidence should fall under the exclusionary rule, as the warrant that led to its being found was created out of false pretenses. However, the Supreme Court decided that so long as the judge who is signing the warrant has, "good faith," in the validity of the terms and justifications of the warrant, any extraneous evidence found in the execution of a warrant of "good faith" is admissible in court.

In OP's case, the warrant itself was good, and any illegal substances that were found as a result of this search are certainly allowed to be seized - they just can't be LOOKING for these extra illegal items, but must limit their search to that of a reasonable scrutiny for the item in question (i.e. not looking for a stolen car underneath ceiling tiles or in jewelry boxes). It seems silly to me that a citizen should expect to be allowed to retain posession of an illicit item just because the warrant that brought about the search didn't mention its presence, and so long as it was found by a means of search allowed by the terms of the warrant.

I'm not an attorney, so I may be mistaken, but this is how I interpret this decision. If I'm mistaken, or if I missed something, I'd appreciate it if someone could point it out to me, so that I might be able to give more sound advice in the future )

Reputation Comments on this post:

	interesting, balanced arguments
	You are not mistaken, that is exactly right
	Interesting point and quite right too. Although please refrain from quoting entire posts, only the parts that need refer...

[Jasim]

I'm actually a little surprised that the charges didn't stick. The US analog laws are vague for a reason. RC's are indeed illegal. All phenethylamines and tryptamines are considered controlled substances in the United States. And for the US military US laws extend globally.
http://en.wikipedia.org/wiki/Federal_Analog_Act

[Jasim]

Wow! Swim and friends laughed for a bit about the probable cause to obtain the warrant. OMG, not only can you not trust people, but I guess you better watch your jokes too. At least the charges didn't stick, coulda been a hella lot worse than 1 year sentence.

[awakening]

Richard, i'm gonna have SWIM dig thru his closet and find his complete file on the courts-martial. i'm sure the actual warrant is in there somewhere. As far as their rights to seize only evidence listed on the warrant i have no idea but SWIM tells me they took everything. Computers, home videos, music recording equipment, liquidated bank accounts and 401k, camping gear, scuba gear, dvds and video games, all SWIMS effing fingernail clippers(WTF), everything. But some how managed to miss a bottle of G in the fridge door.

FYI SWIM NEVER sold any RC's. SWIM did share with close friend and wife so Authorities had no right whatsoever to take money but that sure as hell did not stop them. Just last year, 2 years after SWIM had served his time, the military took it upon themselves to seize $4300 of SWIM's income tax return with no explanation whatsoever. And any attempt by SWIM to find out WTF was dead ended by an endless array of BS phone numbers or automated lines. SWIM got nowhere just took in the rear again.

It becames painfully clear how the constitution and bill of rights goes out the window once "accused" even if wrongfully of any serious drug related charge. It's all just an illusion. If they decide they want you, they will get you.

On a lighter note as soon as SWIM finds his file i will post some transcripts of the actual trial. Esp on the ones where swim was found not guilty of possesing controlled substances. SWIM's attorney held it down. Good stuff.

[Richard_smoker]

holy shit man, that fucking SUCKS!

you can bet your ass if they took everything they were already pissed off at not having found anything. even with little baggies of unknown chems, it only takes about a minute to determine the likelihood of being one of the "Big 4 or so" illegal powders.

i'd be really interested in reading thru the documents. thanks. -DICK

[entheogensmurf]

Thanks for sharing the story!
It's very odd that they could use a sarcastic joke as a valid reason. Well, then again, they don't necessarily even need a reason, other than what they make up.

I find the way they treat people when they are arresting and interrogating a bit disgusting. Sure, some people deserve to be roughed up -- but to just assume each person being arrested for something is a worthless scum bag that sells meth to kids (which to me is a decent reason to be rather rough on them) is wrong.

This is me assuming that they aren't pricks who enjoy bringing torment to anyone who falls in their lap, regardless if they are innocent or using something minor (realistically, even if it's a "hard," drug, if you aren't hurting others I don't care).

I recall Barry Cooper talking about the rush they get doing the raids, chases and what not. They themselves are the junkies and junkies tend not to care who they tred on after a certain point.

Reputation Comments on this post:

	Condoning Police brutality
	How is this condoning police brutality? He provided an interesting perspective on the sub-subjct

[awakening]

Originally Posted by Jasim

I'm actually a little surprised that the charges didn't stick. The US analog laws are vague for a reason. RC's are indeed illegal. All phenethylamines and tryptamines are considered controlled substances in the United States. And for the US military US laws extend globally.
http://en.wikipedia.org/wiki/Federal_Analog_Act

There was a particular court case cited in SWIM's trial from late 90's where supreme court ruled the analog act didn't apply to military members. Once again SWIM has got to dig out his case file to state exact details but that was the reason JAG was unable to convict SWIM under analog act.



[

awakening added 29 Minutes and 2 Seconds later...

Aight SWIM completely destroyed his garage but was able to find and deliver to me the record of trial. I will begin weeding thru it ASAP and posting relevant info.

[awakening]

the following is a completely fictional transcript of a trial from a book yet to be written. any similarities to actual persons or events is complete coincidence.

the Attachment below is a small exerpt from SWIM's trial...will be continued with the closing statements... tired of typing for now...enjoy

FYI

TC= prosecutor
DC= defense
MJ= judge

Reputation Comments on this post:

Thanks for posting this! Interesting read.

[enquirewithin]

What a nightmare, but an interesting story. Being busted whilst tripping must rank right up there as bum trips go!

The sarcatsic comment about buying 3, 000 ecstasy tablets remind my pig of a time when he busted for a minor possession, many years ago. The police made a remark during an interrogation, "For all we know, you could have an acid factory in your garden." The pig stupidly said, laughing, "I suppose so," because it was so ridiculous. Just before the court case the lawyer (who was useless and clearly disliked me for what he thought I was) "you admitted to having an acid factory in your garden, but the police have decided to drop the charge." Hardly a charge they could have proved!

[thedoxman]

Holly shit man that is scary as hell, swim knows someone who has had lots of rcs over the years and swims heart dropped when reading that. All I can say is thankfully they dropped all charges. Swim says that kid set you up hard core what a little ****** swim says that kid is evil swim has respect for you.

Peace

The doc

[Henry Hill]

Rule #1: STFU until you talk to your lawyer...period

[yolbit]

wow man what an incredible story, do you think they got on to SWIY via the 2C-E mailed to SWIY're joint, or one of younger rats you mentioned put you in, or do you think the US government was watching your internet activity

i cant believe they offered 112 years! i cant believe they went on a sarcastic comment that you wanted to buy 1 million pills via check lol! amazing