Pot Smell On Kindergartner Leads To Grow-Room Bust, Raises Questions On Constitutional Rights

[bobandtorey]

Michigan voters approved the medical use of marijuana in 2008. Fieck had a medical marijuana card, but state law allows a maximum of 12 plants.

 

 

KINGSFORD — An Upper Peninsula man is asking a federal judge to suppress evidence of more than 200 marijuana plants, which were seized after his kindergarten-age daughter came to school with the smell of marijuana on her clothes and told her teacher about her father’s homegrown pot.

Federal Magistrate Judge Timothy Greeley ruled there was probable cause to search Randall Fieck’s home last January. But Fieck’s lawyer has asked another federal judge to overrule that report and quash the search warrant.

Kingsford police went to Fieck’s home Jan. 29, five days after Woodland Elementary School Principal Darren Petschar told police that Fieck’s daughter came to school “with a strong odor of marijuana on her clothing,” Kingsford police Sgt. Joseph Menghini said in an affidavit.

Menghini said the 6-year-old girl told her teacher that her father “was growing marijuana in the basement of their residence and that she was not supposed to tell anyone.”

Michigan voters approved the medical use of marijuana in 2008. Fieck had a medical marijuana card, but state law allows a maximum of 12 plants.

Because of the marijuana card, Fieck’s lawyer said police had no probable cause to believe there was criminal activity to justify a search. Karl P. Numinen said that the smell of marijuana by itself no longer provides probable cause that a crime has been committed.

“The mere allegations that the kindergarten-age child smelled like marijuana and that Mr. Fieck’s home smelled like marijuana is insufficient for the magistrate to issue the search warrant,” Numinen wrote in his May 14 brief. “The officers had no reason to suspect that the quantity of marijuana was more than allowed” under Michigan’s medical marijuana law.

In his response, U.S. Attorney Patrick A. Miles Sr. cited what he said was Fieck’s refusal to tell the police sergeant how many marijuana plants he had or to let officers enter to inspect his growing operation. He cited a Michigan Court of Appeals decision that said police do not have “a specific duty to determine whether a marijuana suspect was in compliance” with the Michigan medical marijuana law before seeking a search warrant.

A pretrial hearing is scheduled Oct. 8 before U.S. District Judge Robert Holmes Bell in Marquette. He is scheduled to preside at a trial set for Oct. 20.

 

 

http://www.mintpressnews.com/pot-smell-on-kindergartner-leads-to-grow-room-bust-raises-questions-on-constitutional-rights/196562/

[bobandtorey]

 He cited a Michigan Court of Appeals decision that said police do not have “a specific duty to determine whether a marijuana suspect was in compliance” with the Michigan medical marijuana law before seeking a search warrant.

 

So show your plants if Leo comes anocking ?

[trichcycler]

watching closely

[jeff from bad axe]

I will never show LEO my plants.Get a warrant.It just happen again to me in March.After the 2 raid in 5yrs.I hired Michael K again and this second raid no changes filed.So I have been raided twice and won both cases.The moral to story have a good doctor and a great lawyer and patients .My first raid they offered many plea deals over the 3.5 yrs the second raid 6 months later no charges.I will never take a plea just me.I hope to win a civi suit.The tyranny needs to stop.

[knucklehead bob]

I will never show LEO my plants.Get a warrant.It just happen again to me in March.After the 2 raid in 5yrs.I hired Michael K again and this second raid no changes filed.So I have been raided twice and won both cases.The moral to story have a good doctor and a great lawyer and patients .My first raid they offered many plea deals over the 3.5 yrs the second raid 6 months later no charges.I will never take a plea just me.I hope to win a civi suit.The tyranny needs to stop.

 

 

THANK YOU , if I have heard it once , I've heard it a thousand times from a member of this site , "If you are not guilty , then DON'T PLEAD GUILTY !" 

Edited September 18, 2014 by knucklehead bob

[bobandtorey]

I will never show LEO my plants.Get a warrant.It just happen again to me in March.After the 2 raid in 5yrs.I hired Michael K again and this second raid no changes filed.So I have been raided twice and won both cases.The moral to story have a good doctor and a great lawyer and patients .My first raid they offered many plea deals over the 3.5 yrs the second raid 6 months later no charges.I will never take a plea just me.I hope to win a civi suit.The tyranny needs to stop.

 

in March.After the 2 raid in 5yrs.I hired Michael K again and this second raid no changes ?

 

Sorry to here this but why did you need a Lawyer if no charges where filed ? 

 

Michael K is the best lawyer and we thank him all the time for all he does for so many and Mr. David Rudoi @ Rudoi Law is another great Lawyer he does great work and you can can him anytime you need him and i agree with out them things would not be as they are 

 

Thank you both for all you guy's do

 

Peace 

 

Bob &