Otsego County Ruled That The Michigan State Police Cannot Detain A Mmma Patient During A Traffic

[bobandtorey]

CRIMINAL LAW | 11. MAY, 2016 BY TODD | 0 COMMENTS

A district court judge in Otsego County ruled that the Michigan State Police cannot detain a MMMA patient during a traffic stop to “verify” the patient has the lawful amount of medical marijuana.  Criminal defense attorney Todd Nye challenged a traffic stop and arrest by the Michigan State Police “Home Town Security Team.”  The “Team” is funded by a $6.5 million grant, which has resulted in about 2500 marijuana arrests in the last 7 years on a 30 mile stretch of I-75 between Houghton Lake and Gaylord, MI.

Attorney Nye’s client was pulled over for speeding.  The trooper immediately asked the driver if he was a MMMA patient, and the driver admitted that he was.  The trooper then asked if there was medical marijuana in the vehicle.  The driver stated that he had a lawful amount, locked in a box, in the trunk.  The trooper then demanded the driver show him the marijuana to “verify” that the weight was lawful.  While the trooper was trying to coerce the driver to allow a search, the trooper decided he found evidence for an unrelated crime, and arrested the passenger.

Nye filed a motion to suppress the arrest, because the trooper violated the Fourth Amendment by detaining the driver to conduct an illegal search.  Since the driver had a valid MMMA card, and stated he had a lawful amount, the trooper could not detain him to “verify” the amount, unless the trooper had evidence of an unlawful amount.

The prosecutor disagreed, and argued that the MSP had a right to “verify” the amount of medical marijuana in the vehicle.

The judge rejected the reasoning of the prosecutor and MSP, and held that the Fourth Amendment prohibits unreasonable searches and seizures.   The judge held that the Fourth Amendment requires that the officer have “an articulable suspicion that a crime is being committed” before he or she can prolong the traffic stop for reasons unrelated to the original stop.  Since the lawful patient said he had a lawful amount properly secured, the trooper had no evidence of a crime, and therefore could not detain the driver and prolong the traffic stop to conduct a search.

This is a critical ruling for the Michigan medical marijuana community.  The Michigan State Police have aggressively targeted medical marijuana patients and charged thousands of medical marijuana patients with crimes using hyper-aggressive methods of searches and seizures during traffic stops.

You can read the judge’s excellent reasoning and opinion here.

 

http://nyelaw.org/judge-rules-cops-cant-search-for-med-mj-at-traffic-stop-3/

 

 

[t-pain]

wonder why the lawyers around here can't get fourth amendment rulings like this....

[trichcycler]

geesh, its about time!

[bobandtorey]

The Fourth Amendment protects my rights," Otsego Patients Resource Center operations manager Jolene Fowler said.

Medical marijuana activists happy with a court ruling they say upholds the Fourth Amendment or protection from unlawful search and seizures.

An Otsego County district court judge dismissed a caregiver's possession charge because she believes police should not have searched his vehicle.

9 & 10's Blayke Roznowski found out why activists think this is a win, but law enforcement disagrees.

"I'm really excited for the patients because I think the big thing is patients knowing what they're rights are," Fowler said. 

An Otsego County district court judge recently dismissed Nandor Santhos' charge of possession of marijuana with intent to deliver.

His attorney, Todd Nye says a trooper stopped Santhos' car for speeding and then searched it without evidence a crime was being committed.

"The trooper asked them, 'do you have a card?' 'Yes, we have a card.' The trooper asked him, 'how much do you have?' They said they have a lawful amount properly secured in our trunk in a locked container just like that statute says," Nye said.

In the judge's opinion, there was not enough evidence for a search and this violated Santhos' Fourth Amendment rights. 

"If they're not committing a crime, a trooper cannot detain them on the side of the road and conduct illegal searches simply because they're exercising their right to use marijuana," Nye said.  

But Otsego County prosecutor Michael Rola believes the search was lawful and it turned out Santhos did have more marijuana than allowed.

"What you look at is, was the detention unusually long, and our position was it's not," Rola said. "There was, in fact, criminal activity, in fact, a felony being committed in the officers presence or at least a misdemeanor."

Medical marijuana activists say this is a huge win for them.

"I think this is a great ruling to protect the medical rights of patients and to give you that time and ability to say, 'no I'm a patient and my medical card is all I need to show you today," Fowler said. 

Rola says they plan submit for reconsideration and if the the opinion remains, they will appeal.

 

http://www.9and10news.com/story/32028786/otsego-county-judge-rules-medical-marijuana-caregiver-unlawfully-searched

[phaquetoo]

 

 

 

 

 

Peace

[bobandtorey]

A man whose drug charges originally were dismissed will be back in court next week to face those charges. 

The Otsego County prosecutor in Gaylord wanted a judge to reconsider a ruling that said police unlawfully searched Nandor Santhos' car. 

The trooper found he had more medical marijuana than allowed. 

Santhos' attorney argued they didn't have enough evidence to search the car.

Originally the judge agreed.

After looking back into the case, the court found the trooper did have the right to search Santhos' car. 

Santhos now faces drug charges.

http://www.9and10news.com/story/32429143/otsego-co-judge-reconsiders-unlawful-search-ruling-man-to-now-face-drug-charges

[zachw]

If there is evidence of cannabis being used while driving, or if a cop sees actual cannabis (since it's supposed to be in the trunk), then the question of "are you an mmmp card holder" is irrelevant as it doesn't give a person any extra rights in that regard. 

 

If a small amount of cannabis is found in an otherwise legitimate search of the trunk or locked area, then asking "are you a card holder" is justified in order to excuse the driver 

 

If there is no evidence of cannabis, then to asking "are you a card holder?" is obviously a fishing expedition to justify - in the cop's mind - to search the vehicle. And while a cop can ask it is not compulsory to answer yes or no. 'Course, saying "I'm sorry officer, but that is personal medical information" or some other such neutral statement, will be interpreted by the cop as an affirmative.

[Willy]

This sorta  sheet is just plain wrong.. !!! Its a no win scenario,, are you a patient ...NO... ..misleading an officer... yes ,, let me search your car anyway.. and they wonder why people are starting to hate pigs.. might be there bs ways.. there lies, there murders, there rapists.. etc etc.. look at any newspaper,, one of them is always fukin people over.. and so far they are up to 519 murder kills.. for 2016... 

Edited July 19, 2016 by Willy

[trichcycler]

can leo search your vehicle without a search warrant say.....if you were caught speeding?

[Hydraulic Jack]

That's why you never admit guilt...One you do that you give up rights...HJ

[phaquetoo]

can leo search your vehicle without a search warrant say.....if you were caught speeding?

If they see some thing when they come to get your liscense and ins, yes it is called probable cause, even if they dont see something and say they smell it,,,,leo can do anything dont you know that yet?

 

It dont matter what we get pulled over for, if they want to search us they are going to one way or the other!

 

Trust me I unfortunatly have alot of experience on this one!

 

Peace

[trichcycler]

If they see some thing when they come to get your liscense and ins, yes it is called probable cause, even if they dont see something and say they smell it,,,,leo can do anything dont you know that yet?

 

It dont matter what we get pulled over for, if they want to search us they are going to one way or the other!

 

Trust me I unfortunatly have alot of experience on this one!

 

Peace

 

right, but is speeding alone "probable cause"?  nope, I am an expert you see, I've never been searched on the side of the road, even when I had marijuana inside of the car.  

 

alot of experience?  slow learner???  buwahhaaaaaa  like the guy divorced 10 times.....giving marital advice!!!  lol!

 

peace

[phaquetoo]

right, but is speeding alone "probable cause"?  nope, I am an expert you see, I've never been searched on the side of the road, even when I had marijuana inside of the car.  

 

alot of experience?  slow learner???  buwahhaaaaaa  like the guy divorced 10 times.....giving marital advice!!!  lol!

 

peace

I can tell you how to get Divorced! 

 

That should help you stay Married lol!

 

If they pull you over for speeding?  Is it probable cause,,,,Hmmmmm,,,,,Depends on what he see's as he is pulling you over!

 

They are Trained to Profile!

 

If you give them a reason to pull you over Its Game on for them!

 

Dont give a reason to get pulled over and it wont happen.

 

If they pull some one over who dont have their liscense and stuff in order your screwed!

 

Most of the people being pulled over usualy have other reasons they wind up getting mm charges!

 

Peace

[Norby]

Aren't we supposed to be treated like everyone else?  Isn't that the first line of the act?  How many people do they ask if they have seizures. if they wear glasses, if they are being prescribed anti anxiety meds, pain meds, anti depressives or any other medical condition that may affect driving?  I'd call that discrimination myself.

[phaquetoo]

Aren't we supposed to be treated like everyone else?  Isn't that the first line of the act?  How many people do they ask if they have seizures. if they wear glasses, if they are being prescribed anti anxiety meds, pain meds, anti depressives or any other medical condition that may affect driving?  I'd call that discrimination myself.

I hear ya!

 

You can have a fricking box of morphine patches on your dash board!

 

Dont have a roach in your ash tray!

 

Im suprised they dont make car drivers wear Helmets and biker's wear Seat Belts!

 

 

Peace

[Alphabob]

Applying the ‘illegal transport’ law to a patient or caregiver is equivalent to charging them with CSA violations or any other violation outside the MMMA. Listening to the arguments of Ter Beek v Wyoming shows how stupid these prosecutors look when capable lawyers are backing defendants.

 

Chief Justice Young: Why doesn’t the phrase ‘all other acts and parts’ adequately substitute for the language that you might have preferred?

 

Wyoming: “I do not believe so, because it takes away the total ability of a unit of government or regulation to…”

 

Chief Justice Young: “Yea, I think arguable that’s what the people intended.”

 

Wyoming: “But I don’t think that’s what the courts will see…”

 

Chief Justice Young: “If they say ‘all acts or parts of acts’ what else is there? What other meaning do you give to that?”

…

Chief Justice Young: “I don’t know how you could make it any clearer than ‘all other acts and parts do not apply to the medical use of marihuana as provided.’”

…

Chief Justice Young: “So we have to use magic words now?”

 

https://vimeo.com/79968136

[garyfisher]

otsego county has a hard on for marijuana.  Vote Brenden curran in November.  Bye bye Rola.

[trichcycler]

otsego county has a hard on for marijuana.  Vote Brenden curran in November.  Bye bye Rola.

I sent you a Bisco's cheer, but your mail box blocked me, prick