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9724Re: [new_distillers] Re: New Moonshiners Group, I don't know friend :-I

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  • Lee Fugatt
    Dec 1 5:04 AM
      Howdy all! My name is Lee and I just joined your group. I got started with
      this particular alchemy after my girl friend got me inerested in making
      fruit wines from all of the different trees we have growing all over
      Northern California. This year I picked over 600 pounds of plums as well as
      150 pounds of peaches and 65 pounds of pomagranites. I then remembers my
      time in the milutary in areas where Plum Brandy known as "Slivovic" is made.
      I fabricated a simple pot still from a stainless steel pot and mixing bowl I
      had in my kitchen and 12 feet of copper tubing from the hardware store.
      Using new wine ! started experimenting. Now I am hooked on the science and
      creative process. I appreciate al of the great information I have already
      gotten from your wise words and I am taking them to heart. I have pretty
      much decided against naming my new restaurant and bar " Mustafa's Moonshine
      Pub & Pork Palace" and I am rethinking my first choice of location near the
      Airport... Thanks again! Lee Fugatt from the Northern California Republic!
      ----- Original Message -----
      From: "Harry" <gnikomson2000@...>
      To: <new_distillers@yahoogroups.com>
      Sent: Saturday, November 29, 2003 3:33 PM
      Subject: [new_distillers] Re: New Moonshiners Group, I don't know friend :-I

      > --- In new_distillers@yahoogroups.com, "cheeperdrunk"
      > <cheeperdrunk@y...> wrote:
      > > yes mike you can get 6 years in prision in the u.s. for makeing
      > > vanilla essence without a permit from the b.a.t.f. due to the alc.
      > &
      > > distilation
      > Technically you are correct in that it is criminal offense under
      > U.S. law. However, I have serious doubts that it would be borne out
      > in practice. I have searched the online court proceedings and
      > didn't find one case of a home-distiller being prosecuted. There
      > were a few who had a sizable commercial enterprise going, but that's
      > a horse of a different colour.
      > I did however, discover that the U.S. judicial system doesn't trust
      > it's own members to supply evidence when applying for a search
      > warrant for granny's still. Check this out, from "Search and
      > Seizure Laws: What Are My Rights?"
      > http://www.hmichaelsteinberg.com/searchandseizurelaw.htm
      > <extract>
      > How much information do police officers need to establish
      > that "probable cause" for a search warrant exists?
      > The Fourth Amendment doesn't define "probable cause." Its meaning
      > remains fuzzy. What is clear is that after 200 years of court
      > interpretations, the affidavits submitted by police officers to
      > judges have to identify objectively suspicious activities rather
      > than simply recite the officer's subjective beliefs. The affidavits
      > also have to establish more than a "suspicion" that criminal
      > activity is afoot, but do not have to show "proof beyond a
      > reasonable doubt."
      > The information in the affidavit need not be in a form that would
      > make it admissible at trial. (For example, a judge or magistrate may
      > consider hearsay that seems reliable.) However, the circumstances
      > set forth in an affidavit as a whole should demonstrate the
      > reliability of the information. (Illinois v. Gates, U.S. Sup. Ct.
      > 1983.) In general, when deciding whether to issue a search warrant,
      > a judicial officer will likely consider information in an affidavit
      > reliable if it comes from any of these sources:
      > a confidential police informant whose past reliability has been
      > established or who has firsthand knowledge of illegal goings-on
      > an informant who implicates herself as well as the suspect
      > an informant whose information appears to be correct after at least
      > partial verification by the police
      > a victim of a crime related to the search
      > a witness to the crime related to the search or
      > another police officer.
      > Case Example 1: Hoping to obtain a warrant to search Olive Martini's
      > backyard, a police officer submits an affidavit to a magistrate. The
      > affidavit states that "the undersigned is informed that Olive
      > operates an illegal still in her backyard."
      > Question: Should the magistrate issue a search warrant?
      > Answer: No. The affidavit is too vague, and does not identify the
      > source of the information so that the magistrate can properly judge
      > its reliability. "Probable cause" therefore does not exist.
      > Case Example 2: Same case. The affidavit states that "I am a social
      > acquaintance of Olive Martini. On three occasions in the past two
      > weeks, I have attended parties at Martini's house. On each occasion,
      > I have personally observed Martini serving alcohol from a still in
      > Martini's backyard. I have personally tasted the drink and know it
      > to be alcoholic with an impertinent aftertaste. I had no connection
      > to the police when I attended these parties."
      > Question: Should the magistrate issue a warrant authorizing the
      > police to search Martini's backyard?
      > Answer: Yes. The affidavit provides detailed, firsthand information
      > from an ordinary witness (without police connections) that indicates
      > criminal activity. The affidavit is reliable enough to establish
      > probable cause for issuance of a warrant.
      > </extract>
      > With a few precautions, I think you're fairly safe. ;-)
      > Slainte!
      > regards Harry
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