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

[MiMedical]

Yea I would have to agree with mibrains, on this one Bob, The roommate told police, but they later learned he was in fact a valid, legal MMJ patient. But good eye there Bob, that was the case I was thinking about also, I would say that is the closest similar case to Rory's thus far.  

 

"This case addressed the probable cause analysis in light of the MMMA. Here, the defendant’s former roommate contacted and informed police that he saw grow lights, ventilation fans, and small marihuana plants growing their residence. The officers conducted trash pulls from the house and found marihuana.

The officer included those facts in a search warrant affidavit. The affidavit did not contain any statement as to whether the defendant was a medical marijuana patient. The search warrant was approved and the search was executed. Officers found 8 marijuana plants and 2 grams of marijuana.

The defendant filed a motion to dismiss and for a evidentiary hearing. Defendant argued the facts included in the affidavit failed to establish probable cause that a crime was committed because the MMMA made it legal to possess and grow certain amounts of marijuana."

[Restorium2]

They slipped it to us with this idea;

We decline to impose an affirmative duty on the police to obtain information pertaining to a person’s no noncompliance with the MMMA before seeking a search warrant for marijuana.

[mibrains]

They slipped it to us with this idea;

 

We decline to impose an affirmative duty on the police to obtain information pertaining to a person’s no noncompliance with the MMMA before seeking a search warrant for marijuana.

 

however the second part of that quote makes that statement have way less bite.

 

if the police do have clear and uncontroverted evidence that a person is in full compliance with the MMMA, this evidence must be included as part of the affidavit because such a situation would not justify the issuance of a warrant.

Edited May 2, 2014 by mibrains

[Spartyon]

Where did all this take place at?

[mibrains]

this Person was really close on being in absolute compliance..

 

the only thing that lost him the clear and uncontroverted evidence part was the controversy in the burn pit.... had that controversy not existed then law enforcement on scene should not have had the ability to procure the warrant.

 

my current lesson is to break down and remove any and all root balls that are decaying in my own yard...

[Restorium2]

however the second part of that quote makes that statement have way less bite.

 

if the police do have clear and uncontroverted evidence that a person is in full compliance with the MMMA, this evidence must be included as part of the affidavit because such a situation would not justify the issuance of a warrant.

Do you think that the police are really going to find clear evidence of no non compliance when the court says they don't really have to look for it?

[mibrains]

Do you think that the police are really going to find clear evidence of no non compliance when the court says they don't really have to look for it?

 

yes

 

i mean no?

 

lol

 

they will use anything they find against us...

 

the question i still have is would they have left peacefully if it had been smell alone and the burn pit controversy didn't exist

[Restorium2]

yes

 

i mean no?

 

lol

 

they will use anything they find against us...

 

the question i still have is would they have left peacefully if it had been smell alone and the burn pit controversy didn't exist

I'm hoping the Supreme Court will reverse the part about the cops not needing to try and find out if you are legal before the warrant. Like asking the home owner if they have a card. They probably figure that would spoil the surprise door busting in fun.

[MiMedical]

yes

 

i mean no?

 

lol

 

they will use anything they find against us...

 

the question i still have is would they have left peacefully if it had been smell alone and the burn pit controversy didn't exist

 

 

Correct, Hard to say, these cop's are a perfect example of pecker heads..

[trichcycler]

I'd like to know if they had other knowledge of evidence inside the home, which is where they really wanted to go. The mention of the pit stuff by them seemed to be tongue in cheek to me when watched closely, as a way to manipulate their target.

[trichcycler]

LoL @ pecker heads

[mibrains]

I'm hoping the Supreme Court will reverse the part about the cops not needing to try and find out if you are legal before the warrant. Like asking the home owner if they have a card. They probably figure that would spoil the surprise door busting in fun.

 

is that in front of them by any chance that you know of rest?

 

i agree total BS

[mibrains]

made me really upset to watch the video..

 

it helped to prepare me for a possible encounter a little better.

 

thank you again first for having the wherewithal to record this interaction but also for allow it to be posted so we can all learn from your experiences...

 

oh  sorry.. but welcome to the boards also Rory.. sure wish it was under better circumstances for you.

Edited May 2, 2014 by mibrains

[mibrains]

just a refresher for anyone who may not have this card... read it.. memorize it.. understand what it means.  

i have copies strategically placed for quick access.

these allow you to shut up and not have anything you say used against you.

 

while it is a last resort to pull this card out... i watched it work once already with a state patrol so i know for a fact it can and does help...

 

 

 

[Restorium2]

is that in front of them by any chance that you know of rest?

 

i agree total BS

Not that I know of. It will be soon. A lot of investigations depend on surprise tactics and the judges know that. Their wording might not exactly say that but that's probably their thinking. The COA has been saying one thing and really playing winkin', blinkin', and nod, with law enforcement.

[Rory Larkey]

Well, the video clearly shows officer, fiddling with my medical marijuana card in his hands and then , if you listen carefully, you will hear him state that he is going to go get the warrant now. So he must include the fact that I was a valid card holder. Correct?

Also I have video of myself asking them why they didn't already get a warrant. The cop stated that they thought they would come talk to me first. Instead of just coming to damage my door.
The other stated that's how we do it 90% of the time.

This allowed me the opportunity to show them my card.

https://www.youtube.com/watch?v=zHBxy7iyaeY&feature=youtu.be

Edited May 2, 2014 by Rory Larkey

[mibrains]

Well, the video clearly shows officer, fiddling with my medical marijuana card in his hands and then , if you listen carefully, you will hear him state that he is going to go get the warrant now. So he must include the fact that I was a valid card holder. Correct?

 

correct.

well... very arguable.

 

if the police do have clear and uncontroverted evidence that a person is in full compliance with the MMMA, this evidence must be included as part of the affidavit because such a situation would not justify the issuance of a warrant. This scheme will reduce any potential (however unlikely) for police overreach in attempting to obtain search warrants.

[cristinew]

It would seem so, But then why would a Judge sign a warrant knowing you have a card?

[mibrains]

right...

 

the arguable fact was in your burn pit.... so since they have a possible argument does that negate the requirement to notify the judge? 

[MiMedical]

Get in touch with Michael Komorn, Rory, get the police report, and find the loose end (if there is a loose end) because Mike would crush this before they even had a chance to press charges...

That's my opinion..

[Restorium2]

Get in touch with Michael Komorn, Rory, get the police report, and find the loose end (if there is a loose end) because Mike would crush this before they even had a chance to press charges...

That's my opinion..

Hint; Which way was that smoke going?

[Restorium2]

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

Sometimes when they take cash they are looking for specific bills used in a controlled transaction. The whole fire pit thing could be a red herring to cover their informant/buyer.

[MiMedical]

But, if that was the case they would have plowed the door down also, Rest

[Rory Larkey]

I did not sale any
however for that guess. So no marked bills.
At first they just wanted to be inspectors. If it's legal then we will leave. Until I didn't play "nice"
Have it my way get a warrant they agreed.

[Restorium2]

Well Rory, I watched the videos and thought about it again. From having been there and done that, it looks like you took your grow down in a hurry. You said you took it down a week and a half before the cops were there. Only you know why you took your grow down. And it's probably good you didn't mention why here. I keep coming back to that as to why this all happened. Either that or you have a neighbor waiting to nail you and they tresspassed and saw the burn pit. The cops seem like they have some info on you that has not come out. They could just be jerks too. But they are usually really lazy. What made these lazy looking cops go into action? It doesn't seem like it was just a lark. It looks like part of something else.