[Editor's note: The author, Jake, updated his post to be more grammatically correct, hence the edit]
A co-founder of Ohiocopblock.org was arrested by the Department of Homeland Security on a trumped up possession charge. From the Norwalk Reflector.
A local man is behind bars after allegedly having crystal methamphetamine mailed to his home.
Two Bellevue police officers and an agent from the Department of Homeland Security swooped into the residence… and seized a package that had been delivered to the residence and opened by Jacob T. Frost, 20.
After determining the package contained 50 grams of a substance that tested positive for crystal meth, Frost was arrested and taken to the Bellevue Police Department, where he was booked
.
The package that Mr. Frost ordered did not, in fact, contain crystal meth. The order was placed for a chemical known as 3,4-methylenedioxy-N-ethylcathinone, which is legal in the United States. The local police arrived with the Department of Homeland Security and Customs agents. Contrary to media reports there were upwards 30 agents who burst into the house wielding machine guns.
The agents were only searching for the package, but they ransaked the house ran into the basement and pointed a gun at a neighbor’s 4 year old daughter. According to Frost the local police destroyed all CopBlock related material as well as other liberty oriented items.
After the arrest the local police told Frost they were trying to indict him because he was “interfering with their job” by engaging in police accountability activism and filming. Frost was made to feel like a target because of his liberty activism and philosophy. Upon arrival in the county jail they placed Frost in a segregation unit for 3 days until he demanded to be moved. The segregation unit was filled with child abusers and informants. Bail was set at $20,000. Frost was unable to post bail until the courts eventually lowered it, by telling Frost that he had to waive his preliminary to get it lowered.
It appears that the state is pursuing this non-crime based mainly on Frost’s political beliefs and activism. Though local bureaucrats will be dropping the charges Frost is still under the threat of possible indictment by the Feds. This case will likely be pursued as an offense to the Federal Analog Act. This controversial and unconstitutional act makes it illegal to posses any chemical or substance that is related to an illegal chemical. This is especially dangerous because just because a substance has chemically similar structure to an illicit substance doesn’t mean it has the same use or effect. For example serotonin is a naturally occurring neurotransmitter that is legal to buy sell and consume. It’s chemical structure is similar to the schedule 1 drug DMT. In fact, serotonin is far more closely related to DMT than the chemical that Frost ordered is similar to methamphetamine.
If anyone can help Mr. Frost or recommend a constitutional lawyer willing to take his case please contact him at [email protected]
Its not the first time the cops have gone after someone posting truisms on the internet about them.
Shades of that Arizona blogger in Tucson the there went after.
Ive heard these types of stories before. When local law enforcement deliberately mail drugs to houses they want to raid, then use the whole “tipped off by a anonymouse informant” BUll$4it.
No you were targeted for ordering (3,4-methylenedioxy-N-ethylcathinone) “Eve” – a designer drug that’s illegal.
Um, nice try but 3,4-methylenedioxy-N-ethylcathinone isnt scheduled.
Jacob,
As much as I disagree with our senseless drug laws, if you ordered an illegal substance over the internet, knowing that the local cops have some aggravation with you over your cop blocking activities, you should have expected this.
You say that this was a legal substance, but that the Feds are taking over from the State to pursue an Analog Act. This doesn’t seem indicative of a legal substance.
And how would a constitutional lawyer help? I’m not grinding on you, Jacob, I guess I’m just not totally clear on what you supposedly did.
That said, any cop that would point a gun at a 4 year old child has no business carrying one. Poor guy, with 29 other cops there he probably was left with nobody to intimidate but the kid. Or that’s who he felt most comfortable threatening. Either one just as likely.
Got to have my drugs dude. The cops are just wrong. It’s victimless.
Jacob -
This made me curious, so I looked it up. The cops could have gotten you either way – possession of that substance is prohibited in 31 States including Ohio, as well as this:
On October 21, 2011 the DEA finalized a move to enact a temproary emergency control (ban) of three synthetic stimulants. The United States Drug Enforcement Administration (DEA) is using its emergency scheduling authority to temporarily control three synthetic stimulants (Mephedrone, 3,4 methylenedioxypyrovalerone (MDPV) and Methylone). Except as authorized by law, this action will make possessing and selling these chemicals or the products that contain them illegal in the U.S. for at least one year while the DEA and the United States Department of Health and Human Services (DHHS) further study whether these chemicals should be permanently controlled. This emergency action was necessary to prevent an imminent threat to the public safety.
So that’s where they get you on the federal side. And with 50 grams they probably consider you a distributor. Get a criminal, not constitutional lawyer, and find out if you were possessing it legally per the “except as authorized by law” part of the ban.
Good luck.
t.
I have written out several open questions on policies and procedures to any police officer who frequents this site. The are carefully thought out inquiries, meant to see if any of you are even intelligent enough to address the concerns I have as a civilian over what appears to be an ever more out of control police force.
I notice you have never commented on any of these posts at all. Yet you are capable of providing such thought provoking and witty remarks as you make here. Amazing. You from one of those families where in-laws are also blood relatives?
Certain: Apparently I have missed your intelligence testing open questions….what would you like to know.
@t
The legalization debt has been around for decades. Some state, 16, allow for medical marijuana. I certainly see within my lifetime the legalization of it. But without a super majority, you will not get it passed anytime soon. Christie just vetoed gay marriage that was passed by both houses and its doubtful they can overturn his veto. There will always be holdout on city councils, county boards, and state houses. Such is the way of politics. So even if you get a majority, you still are not out of the woods politically speaking. I even read in liberal NH, they are hinting at overturning gay marriage there also. But back to drugs. Taken for example Kalamazoo MI, were they (the people) voted and altered their city’s charter to direct their police to place possession of ‘small’ amount of marijuana as a low priority ie, don’t worry about it. The community spoke and via a process, changed something. This can even be extended to the Bearcat in Keene NH, I personally think it will happen as since Copblock does not report that its to be ‘shared’ by 17 other area police departments and not used for writing speeding tickets, they have produced a bias viewpoint which is fine, that’s what everyone does including on the topic of legalization. The main issue with the legalization of drugs is two-fold. What to be legal? And where the crimes/costs associated with decriminalization?
You can cite examples from other nations, but other nations are not the US. The US is a very unique place, guns and bibles. where the Constitution is a living document, but changes over time via court decisions and elections and thus the slow start to decriminalization of marijuana. Just remember, you weren’t even read Miranda Rights until 1966.
Just as prohibition was doomed to fail, alcohol was still socially acceptable. I know I would not want to be a hockey game and get a contact high and certainly shooting heroin on a train is not socially acceptable. So that creates more questions and boundaries. Legalize weed, okay, can you smoke around children? How about outside a bar/cafe? How about in a casino? Most states have driving laws covering all controlled substances so driving is protected but, how about little Billy, that sharp as a tack 10yr old who has a contact high from his parents who burned one for breakfast and now Billy get hit by a car? Are the parents at fault? What will the media say? How will it be reported and what will be a communities reaction? How about the other costs associated with drug usage? The easy on is medical costs. Why should my health plan now cover your drug addiction? And lets go a step further, legalize cocaine, heroin and even meth. Medical emergencies will soar, prices will rise as will premiums and that will certainly not sit will with voters and remember, those over 50 vote x2 more then those under 30. How will you convince them to vote you way? And now toss in those little old ladies from church. And you certainly can’t but the costs on to Medicare or Medicaid and I hardly say that any insurance policy would cover you if you check the box stating “Frequent heroin user.” How about at the workplace? You can’t hold a job because you’re tweaked out for 2 days at a spin? So now you can’t work and your back on unemployment, once again, a burden of the state.
I dare say no one cares what you do in your basement but when it involves the lives of others, then that’s an issue. Who has not seen a news story where someone has robbed, stole or killed for drugs to feed their addiction, lost their children because they need another hit? You want a ‘functional meth user’ as a nurse? How about a plumber? How about crime? Why would I grow my own, when I can just take yours? Why waste the time with lights and soil when I just need a bat? Often times those who cry for legalization also demand to pay less in taxes. Okay, say you can go to that ‘guy you know’ and buy an ounce for $100. Now everyone has weed, you hope that the free market will lower prices, tell me this, what commodity you use in the last 30 years has lowered in price? Milk? tobacco? printer ink? Prices do not fall. Supply and demand? I live where there are 5 car dealerships on one street and the cars are all priced nearly the same. So your local store sells for $300.00 because all the others do it also, plus the state will tax the shit out of it, say 50%. But still, where are you going to get the money to now buy ‘legal’ weed at an increased price? Will you work, become a taxpayer and a home owner? Remember what the federal government did on ammunition? They raised the price on the primers, if you want it, you’ll pay it and since people are addicted just like tobacco and addictions will spike naturally, it will be like in NYC where a pack is $10.00. The state will also tax those who want to grow their own, so once again, people will skirt the ‘revenuers’ and not purchases licenses or pay taxes on their marijuana. And what about federal taxes on drug production? I don’t think saying that those taxes will go for 100′s of rehab shelters will convince many voters. Even those little towns who will open a dispensary, it will be their little treasurer chest and increase the taxes on that business, why wouldn’t they? Or do you see corporations getting into the market? GE buying fields and selling. You now are feeding the 1%, one hit at a time – ironic. The free market really isn’t free.
Its very easy to say ‘legalize it’ but until you work out all the other questions that will be brought up by those who disagree with you, its all just a theory, a hope or a guess. You’re convinced, your friends agree and support you. You have to remember, you don’t have a majority on this issue (yet). One of the main issues is you have to convince people like me, a member of the community, a taxpayer and a voter, that by you using ‘legal’ cocaine, meth, heroin, ecstasy, or anything else, is not going to cost me money or problems and as of yet, you haven’t.
t – If you look at most of your posts, mine are near. And judging from the maturity of most of them, I doubt you’re a cop anyway.
commonsense – 10 year old getting a contact high and then geting hit by a car? Do you have even 1 example or any scientific studies to quote? Or are you just making something up becaus it sounds good?
No, its an example of possibilities that could happen.
There are numerous studies to show that ‘contact highs’ are factual.
Don’t think that because a notion that something can’t happen simply because it sounds implausible.
Certain: So I try to open a dialog with you, an open invite for your questions, and that is your reply. Typical of you. What a chump.
IT was Ethylone which is still legal federally and at the local level, NOT METHYLONE
@Common
Interesting thoughts, as far as the army is concerned though, no such thing as a contact high. A lot of recruits try to get out of failed drug tests by saying they were exposed at a party or in a hot-boxed car, so naturally a study was conducted on that defense.
It didn’t hold, if one fails a drug test they most likely did that drug.
Regarding law, I like the “regulate marijuana like wine proposal.” You grow a plant or brew a cask, no legislation needed. You start a farm or a microbrewery, time to start filling out paperwork. I’ve seen plenty of people ruin their lives using a potentially harmless substance to bury their very real problems, and they can all grow weed in their attics or wooded lots either way. At least our south of the border amigos wouldn’t have to worry about getting shot and stabbed so much for the profits, and we’d save a mint via taxes and decriminalization.
So now cops can mail you drugs and arrest you??? A new clever twist on evidence planting.
30 cops.. yeah what ever.. And what is that Chemical for??
Common,
Can you name or reference even one of these studies? I learned about “passive inhalation” the same place as Deri, only USN boot instead of Army. According to our CC, extreme testing was done to test this out, and proved that a person’s body would not produce high enough levels of the THC related metabolite to cross a detection threshold due to only passive inhalation. Now, this is anecdotal evidence from about 29 years ago, so I would never advance this as an argument. But you are suggesting that it is not only possible, but “numerous studies” have proven it. So name just one that I can research. I would be interested to know if some of those kids back in boot were telling the truth.
PSO,
It’s that “Bath Salts” stuff that has been in the news lately. I had to look it up, I didn’t know what it was for either.
And in this particular case, I probably share many of your personal opinions of a person who would use such a substance.
However, as it is no more or less dangerous to do than many legal activities like BASE jumping, auto racing, etc, etc, etc, why should it be illegal for a person to endanger their own life in one way but not in another? And if you reply that it is the danger to other people that makes it illegal, I call your attention to the recent Reno Air Show disaster. 99% of the fatalities were bystanders not flying the plane.
Or for that matter, how is airplane travel even legal? Judged by the same rational that apparently makes dope illegal, it shouldn’t be. Planes can and do crash, and that places non-plane users at risk. Ask the poor Korean guy who lost his entire family when a military jet crashed into his house. So to say that a drug is illegal because of the harm that it causes to people other than the user makes no sense at all. Why should just dope be thought of this way?
And I don’t use dope. Not any kind, at all, other than medicine prescribed by my doctor. I like my thinking processes the way they are. I haven’t even had a drink of alcohol in about 8 years, not that I was ever much of a drinker to begin with. I just don’t think that the laws make any sense at all, and do far more harm than good to our society.
t-
I’ll say this again, I may be a chump, but I no longer believe you’re a LEO. Your general attitude and the way you conduct yourself are far from what I would expect from a career LEO. Take PSO, for instance, while I don’t agree with most of what he says, at least you can tell from his writing style and comments that he probably is a cop. I don’t know, he just seems like one. You, on the other hand, don’t. So I probably won’t address too many of your comments in the future, posers really can’t help our cause. At least with PSO I have some hope of getting my viewpoints at least discussd in an actual LEO environment.
No offense PSO, but I hope I aggravate you enough that you chat with your cop friends about my comments. At least my thoughts and ideas are out there, even if prefaced with – “You know what this jackass said now?”
The browser I used was on a different PC, but I found one report from occupational health group and one by the American journal of psychiatry
Thanks certain. Illegal in my state. But go ahead and smoke it.. I hear it does wonders………
http://www.emaxhealth.com/1275/bath-salts-use-linked-paranoia-overdose-and-suicide
And another google…
http://www.wkyc.com/news/article/211073/23/Law-banning-K2-and-bath-salts-drugs-to-begin
Looks like it’s illegal to me. Disagreeing with a law doesn’t equal “trumped up charges”.
Illegal or not, that stuff is in a league of its own for being terrible for you. I’d rather eat bacon double cheeseburgers all day if I wanted to die sooner.
PSO,
I’m willing to give it a shot, but I just can’t make up my mind if I want to bathe in it or snort it.
Deri,
At least you’d go out happy, yes?
like i said its not methylone its ethylone, completely different compound and never used in bath salts, was for legitimate analytical use
the ohio law was simply for 4-mmc MDPV(bath salts) and Methylone(MDMC)
I tried MDPV before as a possible non-smoking alternative to weed because I don’t smoke. Bought a pill at a local head shop. It’s a lovey-dovey drug of sorts, though sh1ty. Not worth the 5$ I spent and definitely not worth the regulatory expense. Let the dumb ones kill themselves.
What’s it for Jake? In my state we passed a law like this one last year. Has a list of about 300 chemicals in the law. Which, from a law enforcement perspective..WTF!!!??? lol chemical forms aren’t listed on the packaging so we have to send it to the lab. And just because the packaging might say 1 things…doesn’t mean that’s what it is. I don’t doubt you. You seem to know the law and are skirting it. Smoke it up.
@certain.
this might help you decide :)
http://www.youtube.com/watch?v=NIE31fVubQg&feature=related
http://www.youtube.com/watch?v=teHW7SICd1c&feature=related
Here’s a good one for that salvia suff.
http://www.youtube.com/watch?v=nPl9CSNBYuE
http://www.ebaumsworld.com/video/watch/82310574/
In case any of you public servants might have forgotten how to do the right thing;
http://www.nationofchange.org/bradley-manning-solitary-confinement-and-occupy-4-prisoners-1330180938
YOu see, “just doing my job” doesn’t cut it.
He got caught, stop bitching…
don’t like the law, contact your representative…
like i said before i dident break any state or federal law, the state law was passed for methylone which wasent ordered, also federally its still legal as Rand Paul blocked the senate vote.
pasch… you can’t hack a fed computer, steal documents. Just like you can’t hack a private company’s computer, and steal documents.
They point out how some of this information wasn’t classified, or shouldn’t have been.. As if that’s ok, or some how off-set’s the information that was classified, like troop level’s, movements, plans.. Stuff the “enemy” might like to have and could google thanks to wikileaks.
It wasn’t 30 agents…it was more like 45, and they had the Keene PD Bearcat and Killdozer…
City of 8k people so I would guess the PD is about 15-20 officers.. so they all were on duty, along with 10 barrowed from homeland security, because Bellevue is a big home base of Homeland security.
Jake,
I can be dense sometimes, so be patient with me. If you didn’t break any State or Federal laws, how are they prosecuting you? What law or statute is listed in the charging documents?
Are they saying you had drug “x” and you actually had drug “y”?
If they are charging some kind of resale offense, could it be related to the type of charges filed when you sell somebody a bag of dried parsley and you tell them it’s weed? (And for those of you who didn’t know, yes, it is a criminal offense to sell somebody a legal substance if you are claiming it is something illegal.)
And probably the most important question of all – What were you using it for? A legitimate analytic purpose that you can document with research notes, etc? If so, any criminal defense lawyer should be able to assist you.
@certain yes i can prove it was for analytical purposes also it was not sold as any compound to ingest,
I can be dense sometimes, so be patient with me. If you didn’t break any State or Federal laws, how are they prosecuting you? What law or statute is listed in the charging documents?
they are charging me with crystal meth possession and they will try to use the analog act to enforce it, even though the 2 compounds have nothing in common, which is why the article is up.
So, I guess here in the Fascist States of America, the only difference between a “good” and “bad” drug is whether or not it’s making money for the pharmaceutical companies.
http://www.brasschecktv.com/videos/health-and-medical/prescription-drugs-kill-one-person-every-19-minutes-.html
The same “tribe” that owns Wall Street and the slave-masters @ the FED RES are major stock holders in these distributors of death. Hey, cops! Be sure to get YOUR kids in line for their “fair share” of these mercury/aluminum laced “cure alls”.
Well, I have to admit, sounds like they’re jacking you around. Seems to me you should be able to just show up in court and have your lawyer ask for the lab results showing that the substance you had was CM. When they can’t produce one, how can they continue prosecution? I’m going to have to research the Analogue Act, I’ve never heard of it.
And Paschn, I detest the WOD more than most, but be honest with your stats. Most of those prescription drug deaths are due to either accidental or intentional misuse of opiates. Some taking too much and some combining with other substances. I was reading about some small town where they lost 3 of their graduating seniors on the same night, all from accidental overdose. It’s not like every 19 minutes somebody takes a a blood pressure pill and keels over from it.
Well, that didn’t take long.
You’re in a tough spot Jake.
For those of you unaware, here is what they are hitting him with –
The term “controlled substance analogue” is defined as a substance:
(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;
(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
Now, I think it’s primarily “i” and “iii” that they are going to try to prosecute.
So if it is not “substantially similiar” (not being a molecular chemist I have no idea if it is or not), and you did not recommend it for ingestion, seems to me you should be ok. Not cool that you are going to have to pay for a lawyer, but I think that’s the only way you’re getting out of this.
Specifically it is 21 USC 813
Sorry – I just found this page today.
My roommate told me he was indicted under the Federal Analog Act in 2002. It is a dirty law with a big loophole.
This law gives law enforcement the ability to go after someone they don’t like, because they don’t like him, and in the process create a new banned substance that was not previously banned before his arrest. They do this by prosecuting someone who is selling a legal substance, that is similar to one that is illegal. If he settles or doesn’t take the case to court, the substance now becomes illegal because the defendant gave up, and the application of the Act to that substance won’t be challenged.
If it’s challenged up to court and overturned, the whole act is not overturned – just the application of the Act to the substance in the case – which means that the Federal agents can keep trying this over and over with different substances, and succeeding most of the time in expanding their authority. Each new substance regulated this way means someone gets jail time for doing something that wasn’t illegal when they did it (ex post facto laws, anyone? Supposed to be unconstitutional to have those). I consider this a nasty, nasty, law, and anyone who is involved in enforcing it is involved in a dirty business, in my view.
For the information of any law enforcement on here, I don’t use drugs but, like most of the people on this site, I advocate for liberty, including drug legalization, I think all drug law enforcement is wrong, telling people they can be arrested for trying to feel good is wrong, but this goes beyond busting someone for something they want to use that they know is illegal, and basically says the busting cops can make something illegal WHILE they’re busting someone for it. This just takes the insane Drug War to a new low.
My roommate was selling a product useful as a sleep aid remedy. He is the only person ever indicted for it, and it is no longer sold for human consumption – they succeeded in getting it off the market by going after him. GVL, gamma valero-lactone – now legally defined as an analog of illegal GHB, (which the Federal lawyers argued in another case was NOT an analog of GHB – that’s where the law is vague and arbitrary – the definitions of what’s an analog and hence illegal change at the whim of people in Government). GVL was also known as Tranquili-G and was being sold by Avant Labs.
What shows this as dirty and designed to expand their authority, is that they went after a low-level seller, not the millionaire heading the company, who would have the funds to fight this all the way to the supreme court. By going after someone with not much money, makes it much more likely he will settle and not fight the charges. If it’s so important to you LEOs to make these substances illegal, could you let the people have a say, and for users to have a chance to find out about the ban before they are arrested? Doesn’t that seem reasonable, that police should not have the ability to write their own laws?
Man! The only not-awful thing about his conviction, is that his sentence could have been a lot longer, he got 6 months, and, two good benefits, I got to find out about a nasty law perfectly designed (intentionally or not) to give law enforcement the ability to expand their power arbitrarily, so that I can now speak with some knowledge on this terrible law. Plus he’s now a libertarian, largely because he got to witness firsthand, and suffer from, the insane war on drugs and see how out of control and unaccountable government is in their enforcement of it.
One more thing – why do police destroy literature and videos about freedom when they search someone’s home for drugs? I don’t see how anyone even in Law Enforcement can defend that. Because they can? Because they felt like it? Kind of suggests the law gives them too much license, doesn’t it?
bryce that was the best summary of the analog act i have ever heard, the only 2 cases that went to trial with the analog act had 2 diff rullings, i think one was AMT or AET charged with DMT possession the feds lost that case, but won a case proving gbl is a analog of ghb
And they wonder why people want to hold them accountable? They have no authority granted to them to retaliate against people forcing them to do their job properly. The should be brought up on charges.
They didn’t have a warrant to seize or destroy anything else. They have to have a warrant describing in perticular the places to be searched and the things to be seized. Unlawful at every turn. The people need to put a stop to this.