John McAfee cuffed by Tennessee cops, faces drug-driving, gun rap Paranoid wild man of infosec John McAfee was arrested in the US state of Tennessee over the weekend – and charged with driving under the influence, and possession of a handgun while intoxicated. The charismatic ex-boss of security software biz McAfee can be seen grinning in his police mugshot. "Yes, I was arrested while under …
"as long as he was lucid enough to decline any form of drug testing"
Not in Tennessee where the law specifically requires a drug test if arrested for driving under the influence. Refusal is an admission of guilt. The only defense is either to show that there was not probable cause for the police to make the arrest (Highly unlikely in his case) or to take an allowed additional test within hours of the arrest that shows a negative result (also highly unlikely in his case).
As to the weapons charge, having a permit to carry handguns does not matter. It is illegal in Tennessee to have an accessible firearm while intoxicated and there are no exceptions, period. Yes, we allow handgun carry here, but we are not that completely insane. Also, unlike the driving part, where there is a blood level threshold for determining whether or not one is intoxicated, there is no limit for the weapons charge. The law does not allow any drug/alcohol at all while in procession of an accessible firearm.
"The law does not allow any drug/alcohol at all while in procession of an accessible firearm."
Unless that drug is prescribed and taken as directed, in which case you aren't legally intoxicated regardless of effects. Ask your doctor. And your lawyer.
McAfee is guilty of lots of things. But not intoxication while driving or carrying a firearm in the state of Tennessee.
Not here in the states if it involves a motor vehicle. If you decline to take the drug test they immediately arrest you and take you to jail to await the judge's court order to take the test. If the test says you were intoxicated, they increase the severity of the original charges. So if you're intoxicated, you're actually better off taking the field test and having your lawyer challenge the field test later.
This reply is horseshit.
First of all, there is no federal law regarding traffic stops in this regard, so you can't claim anything happening "in the states" here. Each state has their own procedure with respect to traffic stops and DUI procedures.
Also, drug tests are almost always performed at the precinct office. The only field drug test I've heard of being conducted on the street during a traffic stop is a buccal swab, which doesn't detect all drugs and isn't terribly accurate.
Refusing a drug test is definitely not cause for immediate arrest. If a police officer believes you to be intoxicated, he will ask you to perform a field sobriety test (walking a straight line, reciting the alphabet backwards, counting exercises, etc.). If you refuse this, he can arrest you if he chooses AND has reasonable suspicion, but he certainly doesn't have to.
Refused drug tests often result in automatic license suspensions, but again, this is state-specific and involves each state's DMV, not the police. There is no law in "the states" regarding any of this.
Why would you post something like this when you obviously have no idea what you're talking about?
Er, you do realise he's had nothing to do with the company for the past 20 years and is in fact famous for being famously insulting and critical of recent versions of the software?
(Warning: Video possibly NSFW if I remember correctly!)
Out of all the early Internet entrepreneurs who cashed in and moved on he's the perfect anti-hero. He'd be the first to tell you what a pile of crap the AV software that bears his name is. I also think he has a fairly realistic view on the whole infosec circus.
Me too.
I quite like McAfee and Kim Dotcom as well. We live an IT world full of cardboard cut-out suits; spouting 'jolly spiffing synergistic solutions' babble so meaningless as to have me casting around for my Babel Fish and of companies eager and willing to hand us and our data over to ad men and government agencies.
In such a sea of conformity and kow-towing, t's nice to have the odd person not afraid to tweak the nose of authority and to say what they actually think.
[daft though it may sometimes be].
You have to respect a little cheerful craziness like his. He hasn't hurt anyone. (at least not yet) In a world full of scheming, dour politicians and other public figures who if they gave you the time of day, you'd be best advised to check your watch to make sure they weren't lying, at least John speaks his mind and lets things roll off his back.
> "He hasn't hurt anyone."
Yeah, John speaks his mind, then blows his mind on a 'legal high' while driving a multi-ton menace in public. When someone is impaired enough to attract the cops, he puts all of us in danger. Personally I resent the attitude implied, particularly by celebrities who never get real punishment when caught.
@ Big John "he puts all of us in danger."
Ha ha. He certainly doesn't put me in any danger whatsoever. Nor anyone else outside the residents in his neck of the woods where he is driving - and probably not even then.
Sounds like you have him convicted already. What an efficient system. Just mention someone has been arrested, pass them over to Big John, and without any evidence whatsoever other than a news story, yup, they're guilty!! Hang 'em I say!!
Big Dick more like it.
>He hasn't hurt anyone.
He's accused of murdering his neighbor - which is why he fled Belize. Now he's caught driving around high (as if he doesn't know the effects of Xanax). And claimed to have a harem of teenagers at his disposal whom he paid with drugs. So let's not even begin to pretend he's a good guy.
http://www.dailymail.co.uk/news/article-2949722/John-McAfee-reveals-s-settled-wife-Tennessee-armed-ready-government-raid.html
A lot of prescription drugs more and more are becoming rich people's heroin. All good for big pharma.
"Yes, I was arrested while under the influence of Xanax. It was a brand new prescription received the same day of the arrest, and the physician neglected to warn me about driving while taking it."
What a load of horseshit. Xanax oh you mean the legal drug of choice of Darryl Strawberry fame?
I had to look up Xanax, and its primary use is for panic disorder and anxiety disorders. Also it is the 12th biggest prescribed drug. https://en.wikipedia.org/wiki/Alprazolam
So why is John taking it? Maybe PTSD from his Southern Adventure? I doubt it, considering the subject. Yup, it's almost certainly purely recreational for him.
As for the arrest, while the idea of a setup is interesting, no one that powerful would have a real motivation. No, he got his shiny new prescription and dived right in, then weaved around enough to attract the bulls. Tsk. He (and we) are damned lucky he didn't run over someone first.
But hey, John does take a good mug shot!
Sadly I don't. If you have any sort of depression, the docs are happy to hand it out to you. My mother was on that shit for a good 15-20 years. For all that they hand it out like candy it's worse than morphine. Yes, in the initial studies it was not addictive on the short term. But if you take it as a sustained medicine which is all to frequently its use. Ugh. Let's just say they're never giving it to me without a court order, and even then it will be a 50/50 thing.
"It's a total "Yeah whatever haha" look on his face even though his been arrested.."
Johns wearing the Xanax face. Everyone whom I have known to take that stuff have failed (epically) to adhere to the dosage guidelines - even going as far as making Grapefruit their new favourite food. Tricky stuff, I reckon in a few years time it will become a serious health problem (if it isn't already).
It is a legal requirement to have a warning label, but this is only to shield the doctor or pharmacist from liability in the case of a motor vehicle / heavy machinery accident. If you are taking any prescribed medication as directed, with the exception of medical cannabis which is legislated seperately, you are not legally intoxicated regardless of impairment.
The cop most likely pulled him out of the car because he saw a bottle, made an ass of himself, and then tried to book him with everything under the sun to save face.
..to your most perfectly reasonable question, m'lud, 'Just what the dickens is a "shit-eating grin"?',
I can refer your honour to no better example than exhibit A: (McAfee's mugshot).
Oh well, at least he's off the crack, for the moment.
Take care John. Keep on living the dream. We're gonna miss you when you're gone...
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