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Message
re: Killian man posts video on Youtube telling his daughter he's going to jail
Posted on 1/19/16 at 8:46 am to LSUSilverfox
Posted on 1/19/16 at 8:46 am to LSUSilverfox
Mislabeling Violation
0
Posted on 1/19/16 at 8:51 am to meauxjeaux2
From reading through his civil suit it appears that at the time the cops seized his product it was not considered illegal in this state. Sometime after it was made illegal.
So essentially the police raided his business and illegally seized his property based on it being "morally wrong" to sell... in their own words.
"I'm the sheriff around these parts and I make the rules"
So essentially the police raided his business and illegally seized his property based on it being "morally wrong" to sell... in their own words.
quote:
Finally, if Plaintiff’s product is currently
contraband under Louisiana law, that may mean it cannot be returned to him, but it does
not mean he lacks an entitlement to compensation for its value at the time of the taking.
If government could seize first and make illegal later, the Fifth Amendment would be
meaningless.
In light of the above, it is not possible to determine whether Defendants are entitled
to qualified immunity on the individual capacity claims against them. Crucial to that
determination is whether Plaintiff’s product was contraband at the time it was seized. Both
parties have retained experts and adduced competent summary judgment evidence on the
topic. A jury must decide which expert to credit. Similarly, a jury could decide based on
the Sheriff’s press releases and other public statements that all of what transpired occurred
at his personal direction under a policy he adopted.
"I'm the sheriff around these parts and I make the rules"
This post was edited on 1/19/16 at 8:55 am
Posted on 1/19/16 at 8:55 am to terd ferguson
if that's the case then i'm wondering what he got sentenced for. Maybe he was still in possession of the substance after the new law was passed. I see no hint of what he may have done to deserve federal jail time. I see the charge but am wondering what he was in possession of.
Posted on 1/19/16 at 9:00 am to meauxjeaux2
quote:
On March 19, Stephen L. Spell, II, pleaded guilty in federal court to conspiracy to introduce misbranded drugs into interstate commerce, a felony, and was sentenced to 366 days in prison.
LINK
Posted on 1/19/16 at 9:00 am to terd ferguson
Sounds like a Boss Hogg and Roscoe P Coltrane collaboration.
Posted on 1/19/16 at 9:03 am to terd ferguson
quote:
Faced with prosecution, Spell ultimately admitted guilt and entered into a plea agreement which required him to cease doing business, forfeit significant cash and real estate property, admit his criminal wrongdoing and await sentencing by a federal judge. The factual basis statement filed in the criminal record revealed Spell sold the Skyscraper drug knowing the sole purpose was for it to be ingested by the consumer to “get high” and his customers primarily ingested the drug by smoking it, Pevey said.
There it is.
Posted on 1/19/16 at 9:07 am to meauxjeaux2
YOLFO
Posted on 1/19/16 at 9:10 am to Shexter
quote:
He runs Spell Family Snowball & Spice Stand in Tickfaw.
Brilliant idea
Posted on 1/19/16 at 9:16 am to meauxjeaux2
Is he busting that window with nunchucks?
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