Medical Marijuana Card Protects You From Prosecution, Not "discovery"

[MiMedical]

Found this online.. Perfect example of police brutality..

 

http://youtube.com/watch?v=RPpxLfMMN9U

Edited August 4, 2014 by mibrains
original video removed and updated at request of member

[+Malamute]

Smell gives probable cause... heh...

 

 And.. doesn't protect from discovery?.... interesting.  So much for assumption of medical use.

 

 Not sure what the leaves, roots seeds issue was.

[+Malamute]

I wouldn't call this brutality either.  Many other words for it(abuse of powers, overreach, ridiculous, asinine) but 'abuse'?  eh....

[+Malamute]

Yea,... would love to get some followup on this one.

[Highlander]

Takes some real, spherical brass ones to record such an incident. Thank you Rory.

[Highlander]

"MJ card doesn't protect against discovery." A new line of BS. The card protects against a search. Just goes to show how some LEOs will lie and cheat shamelessly in order to try to look good. Maybe some day they will wake up and realize that harassing people doesn't make them look better.

[trichcycler]

 I hope it really was all about some scraps in the firepit, and a couple trespassing nightsticks. Thanks for this, and thanks Rory for standing your ground with these bobbies.

[MiMedical]

I spoke with him earlier today, I told him to make an account here and ask questions as needed without giving to many details, he had to post bond on his equipment, they did eventually get a search warrant after about 5 hours.

 

He was not arrested and charges are pending, I told him to contact Michael Komorn, but he lacks the funds for a lawyer...

 

Hopefully he can answere more questions or keep us posted. Sad to say the least.

[bobandtorey]

Found this online.. Perfect example of police brutality..

 

http://www.youtube.com/watch?v=4EUveotga0A

 

 

Thank you for posting this i hope it helps more people that use cannabis for medical reasons and they will stop talking to the police without their Lawyer their and also Don't open your door

[Rory Larkey]

I did not have to bond my equipment, They only wanted me to bond the cash they took.
they left the equipment alone. only took money and my meds.
No charges at this time officer said could take a few months.
http://www.gofundme.com/8s2so8

Edited April 30, 2014 by Rory Larkey

[bobandtorey]

Thank you Rory Lankey for standing up for yourself and all the Medical cannabis users and also our Rights

[t-pain]

you did good rory. great video.

 

well done talking to police. thats very difficult. i dont think anyone should answer the door tho, and certainly you shouldnt talk to police, anything you say can be used against you.

even seasoned drugwar people like russ bellville mess up talking to police (he got arrested in utah on 4/20).

 

i guess the cop was saying that roots were a plant.

and that possibly the root/plant was not in secure enclosed facility.

cops claim stems/leaves are plants all the time. thats how they 'get' patients over limits. you had 12 plants but there were 4 branches in a pile of trash, thats 16 plants!

 

"Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount."

 

unfortunately plant is not defined in the act. so we must look at plant defined in mcl.

(5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons.

 

so some judges say if its got roots or its in a cloning machine its a plant. other judges say anything is a plant.

[t-pain]

'posession' aka 'the smell' is allowed under state law if you have a card.

so 'smell' is not probable cause.

 

there. thats my not-legal-advice legal theory.

Edited May 1, 2014 by t-pain

[ozzrokk]

Can't wait to find out the details on this. Good luck to you Rory. Always sad to hear of a patient being fed a line of BS.......... The officers don't even know what the law means.

[t-pain]

The officers don't even know what the law means.

 

standard operating procedure. throw everything at the wall and see what sticks.

[Rory Larkey]

you did good rory. great video.

 

well done talking to police. thats very difficult. i dont think anyone should answer the door tho, and certainly you shouldnt talk to police, anything you say can be used against you.

even seasoned drugwar people like russ bellville mess up talking to police (he got arrested in utah on 4/20).

 

i guess the cop was saying that roots were a plant.

and that possibly the root/plant was not in secure enclosed facility.

cops claim stems/leaves are plants all the time. thats how they 'get' patients over limits. you had 12 plants but there were 4 branches in a pile of trash, thats 16 plants!

 

"Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount."

 

unfortunately plant is not defined in the act. so we must look at plant defined in mcl.

(5) As used in this section, "plant" means a marihuana plant that has produced cotyledons or a cutting of a marihuana plant that has produced cotyledons.

 

so some judges say if its got roots or its in a cloning machine its a plant. other judges say anything is a plant.

[Dr. Bob]

Smell in a known card holder is not probable cause, but I wonder if the leaves in the burn pit could be problematic (unsecured usable marijuana???).

 

Clearly this looks like BS, but have to wonder if there are any lessons.  Like make sure all traces are destroyed.  I don't think the smell alone would have justified a warrant, I suspect the leaves may have given them the 'in' they needed to get the judge to sign the warrant.

 

In any event, this should be a decent case to follow.  Looks like he handled it well and got the tape.

 

Dr. Bob

[t-pain]

I wonder if the leaves in the burn pit could be problematic (unsecured usable marijuana???).

 

theres actually no requirement to keep usable marihuana secure at all. posession is allowed and covers posession anywhere.

[Wild Bill]

Great example of an American standing up for his rights! Rights that the police should be protecting, not trampling on.

[bobandtorey]

theres actually no requirement to keep usable marihuana secure at all. posession is allowed and covers posession anywhere.

Good point Mr.t-pain 

 

you may have usable  Cannabis laying around your home but unusable has to be locked up  sure sounds like Government at work to me

[Restorium2]

theres actually no requirement to keep usable marihuana secure at all. posession is allowed and covers posession anywhere.

Use your imagination and try to envision why it should be somewhat secure. Here's an example; There's a moral obligation to keep it out of the hands of your neighbors' kids. Some folks don't have any common sense, that's why law enforcement/legislators are stepping on our law. They use the excuse that some folks will not keep their drugs secure to say 'There ought to be a law'. So then we get a 'requirement' because they say folks think that if the law doesn't say it then you will not do the right thing. Edited May 1, 2014 by Restorium2

[bobandtorey]

Use you imagination and try to envision why it should be somewhat secure. Here's an example; There's a moral obligation to keep it out of the hands of your neighbors' kids. Some folks don't have any common sense, that's why law enforcement/legislators are stepping on our law. They use the excuse that some folks will not keep their drugs secure to say 'There ought to be a law'. So then we get a 'requirement' because they say folks think that if the law doesn't say it then you will not do the right thing.

Thanks

 

Good points but making more Laws will not help any common sense

[zachw]

Clueless cops trying to moo poo their way into a search. Rory did a great job in refusing a search, acting rationally & politely at all times, and especially in recording the confrontation.

 

Now I need a couple minutes to calm down from this completely unnecessary provocation. What a waste of police resources... 

 

z

 

(edit: moo poo? heh heh.)

Edited May 1, 2014 by zachw

[trichcycler]

why were they there in the first place? did a neighbor smell grass burning in the firepit?  were plant counts compliant once they gained entry I wonder?  I hope so !

good luck Rory!

[bobandtorey]

why were they there in the first place? did a neighbor smell grass burning in the firepit?  were plant counts compliant once they gained entry I wonder?  I hope so !

good luck Rory!

Thanks again for your input maybe just the small of cannabis coming from someone's home is enough to bring Leo to someones door