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Question About Improper Transport


Aimedstrike

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Improper transport is not included in the MMMA.  Attorney, David Rudoi, has fought several of these BS charges and has not lost a case yet.  In fact,  it is dropped immediately. Your friend should have fought the moo poo charge.  A MMMP card provides protection from arrest or prosecution for any marijuana charge.

Edited by garyfisher
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Improper transport is not included in the MMMA. Attorney, David Rudoi, has fought several of these BS charges and has not lost a case yet. In fact, it is dropped immediately. Your friend should have fought the moo poo charge. A MMMP card provides protection from arrest or prosecution for any marijuana charge.

The card protects you unless you are over the limits or have in your possession an illegal substance (concentrates) - then you lose the protections of the MMMA. If this person was operating within the confines of the act, then indeed there is no form of transport that is illegal. But why not just go with the flow and carry in a cheap case in the trunk? I wouldn't press my luck and hope the police would play nice. They won't and it will cost you a few thousand dollars to prove them wrong.

Edited by AmishRnot4ganja
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sue the police for wrongful arrest and then sue the prosecutor and city for wrongful prosecution.then sue the judge and city clerk for violating 333.26426h4.call michael komorn at komorn law if your friend wants to go this route, 800-656-3557http://www.komornlaw.com

How much do you think a qualified atty would want for a retainer to file such a case? And how much do you think you'd pay the attorney to see it through? And what are the odds of winning when you consider the broad immunity allowed to public officials in Michigan?

 

It would be interesting to hear Mr. Komorn's take on this.

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police have immunity from wrongful arrest? first i've heard of this...

 

price? i've not seen any lawyers give prices out publically.

could cost a lot of money. could win. could lose. could get a big settlement.

would take a few years in court unless you scared the city into a settlement.

 

i dont have the answers. but if i get an improper transport, i'd sue. but thats me.

 

 

to answer your question, 333.26426h4 includes public officials, and 333.26427e makes sure any govt immunity laws do not apply to the mmma law. which means no govt immunity for violation of 333.26426h4.

 

at least in my opinion. i'm not a lawyer. i've brought it up with lawyers before, although i dont think any of them have taken the question seriously yet. maybe i should email alan and ask him.

 

the obvious solution for prosecutors and judges is to seal the case, or the private information anyway. theres a bunch of mmma patient and caregiver cards in court documents hosted on the michigan.gov site right now.

 

i could be wrong. dont listen to advice on the internet. call a lawyer.

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did they use a dog?

 

 

 

http://thehill.com/regulation/court-battles/239513-court-rules-cops-cant-hold-suspects-to-wait-for-dog

 

http://www.dailydot.com/politics/police-drug-sniffing-dog-violates-your-rights/

 

https://photographyisnotacrime.com/2015/04/21/heres-what-you-need-to-know-about-todays-supreme-court-ruling-on-drug-sniffing-dogs-during-traffic-stops/

 

Posted Today, 11:21 AM

Authority for the seizure ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.  In other words, police have no authority to conduct a K9 search of your vehicle outside the normal time it takes to issue a citation.  Calling in a backup K9 unit, for example, to search your vehicle while being pulled over for a defective brake light would fall outside the authority granted to them by the constitution.

 

 

A dog sniff is not part of the officer’s traffic mission.  The court ruled that an officer’s mission during a traffic stop includes determining whether to issue a traffic ticket, checking the driver for warrants, inspecting vehicle registration and verifying proof of insurance.  These checks all serve the purpose of enforcing the traffic code.  However, using a K9 to search for drugs is not considered part of the officer’s “traffic mission.”

 

Know your rights.  Most importantly, you must understand the laws that protect you from unreasonable search and seizure to begin with.  You don’t have to consent to searches or seizures of your property.  Objecting to searches or seizures might even help you later in court.  Always ask if you are free to leave.  If Rodriguez, after receiving his warning, had simply asked the officer if he was being detained or if he was free to leave, he might have been able to drive away and avoid the illegal search in the first place.

 

 

Always record police (horizontally).  It is crucial that you record police in a way that will capture the most objective footage possible.  Capturing an independent recording of officers conducting their traffic stop and even a later search can often deter officers from acting outside the law.  If nothing else, pretend like you’re recording.

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Yes know your rights!

 

If you get pulled over and a cop wants to search your vehicle say no!

 

The worst that can happen is they call a k-9 unit out and see if it gets a hit for narcotics, It dont give them permission to search your property, it does give them the right to tow your vehicle while they wait for a search warrant, same thing for your home, they may not let you back in your home until after they get their search warrant and search your home/car, and If they find ilegal stuff in your car or home, than they will either arrest you at once or take the evidence to the prosecutor and they will determine if they are going to charge you or not!

 

I wouldnt let them search my car or home even if I had noting to hide, Dont give up your rights!

 

Peace

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Yes know your rights!

 

If you get pulled over and a cop wants to search your vehicle say no!

 

The worst that can happen is they call a k-9 unit out and see if it gets a hit for narcotics, It dont give them permission to search your property, it does give them the right to tow your vehicle while they wait for a search warrant, same thing for your home, they may not let you back in your home until after they get their search warrant and search your home/car, and If they find ilegal stuff in your car or home, than they will either arrest you at once or take the evidence to the prosecutor and they will determine if they are going to charge you or not!

 

I wouldnt let them search my car or home even if I had noting to hide, Dont give up your rights!

 

Peace

 

sorry Phaquetoo me boy

the supreme court ruled the police are NOT allowed to detain you to wait for a K9.

further they ruled they cannot use a K9 on a stop for any typical traffic infraction... there is no time for that - and that makes it unconstitutional.

thank you Supreme Court.

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Well thanks for all the information guys. Sadly he pled guilty to the improper transport in a more northern county of the lower pennisula and was already sentenced to 12 months probation. So the whole fighting it thing would be I assume impossible now. I just told him I was a member on here and have seen a lot of knowledgable people and would see if anyone had any idea if there's a possible early termination of probation with all fines paid off and jumping through their hoops. Thanks everyone.

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Unfortunate situation and I doubt it will be lessened because they just want cash. Worst-case scenario however is when they are waiting on the shoulder of your exit with two vehicles (one k-9)… I know from experience. At that point you’re screwed because even if complying with state laws these types of officers are as prejudiced and ill-informed as they come.

 

You have to look at the bigger picture though. Would you rather A) Anger the officers, force them to tow your vehicle or use k-9 for a search and then tell them you know the law/they don’t or B) Carefully answer their questions/redirect, tell them that you were abiding the law to the best of your knowledge and remain respectful. It’s not a given, but chances are with B that you may be able to drive home and sleep in a comfortable bed; as the other option is having you vehicle towed and a spot waiting for you in jail.

 

Another way to look at it is… would you rather A) Plead guilty to illegal transport, possibly go to jail for 90 days, pay $1000 - $2000 in fees/additional costs, loss your card/ability to use cannabis, deal with probation and have a permanent red marker next to your name (that companies can use to disqualify you from employment) or B) Fight it in court for 6 months, pay a lawyer $3000 and still have a permanent red marker next you your name (that companies can’t legally use to disqualify you from employment, but some still will). Seems like cardholders are getting screwed either way, but there are some options to lessen the blow.

Edited by Alphabob
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Yeah basically he was set up. Was caught with an empty container the lab said had 'residual amounts' and for some reason reported it to be cannabis or 'a synthetic substance' a potential felony charge was brought to his attention and he took the plea to just get it over with. No jail just 12 months probation. Everything has been paid. Every test has been passed. He has to finish 'counseling' and then it's just a waiting game basically. Thanks for all the help.

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Well based upon that piece of information there is a possibility that it can still be fought, as well as the possibility of a civil suit to reclaim losses. Your friends best bet is to contact Kormon or his office, because he and a few other lawyers are working on cases just like this. In fact, they filed a federal complaint against MSP and their labs a few weeks ago. I would say that your friend was coerced into pleading guilty by the prosecutor based upon fraudulent lab results, which is illegal.

 

The key factor in regards to how viable this would be is: what was the residual made of; was it cannabis flower or some type of extract? If it was indeed residual from flower (i.e. specs of bud, hairs, ect.) then there is a good chance he could fight it based upon lab fraud/evidence tampering. If it was an extract things would be more difficult, but the wording of the MMMA allows anything that is a direct preparation of the flowers/leaves. For example, brownies made directly from flower/leaves = legal, brownies made from cannabutter or cannaoil = illegal (although I wouldn't chance it due to Michigan being so corrupt).

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Yeah basically he was set up. Was caught with an empty container the lab said had 'residual amounts' and for some reason reported it to be cannabis or 'a synthetic substance' a potential felony charge was brought to his attention and he took the plea to just get it over with. No jail just 12 months probation. Everything has been paid. Every test has been passed. He has to finish 'counseling' and then it's just a waiting game basically. Thanks for all the help.

Was he arrested my the michigan state police or the sheriff?  Did the person frequent the shops in otsego county/gaylord?

Edited by garyfisher
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Yeah basically he was set up. Was caught with an empty container the lab said had 'residual amounts' and for some reason reported it to be cannabis or 'a synthetic substance' a potential felony charge was brought to his attention and he took the plea to just get it over with. No jail just 12 months probation. Everything has been paid. Every test has been passed. He has to finish 'counseling' and then it's just a waiting game basically. Thanks for all the help.

michael komorn has been trying to round up all of these cases, please have your friend call him 800-656-3557

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