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Improper Transport Clinton County Need Help


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Hi yesterday me and my cousin both were driving back home and I was pulled over. I got a five over speeding ticket no proof of insurance and improper transfer the latter being what we are concerned with. I drive a 2005 dodge mini van obviously it has no trunk. We had 2 grams of wax plus a ounce an another ten grams all in a lock box which was in the center console between both front seats but the center console locks and it can only be unlocked with the key to the van that was in the ignition while I was driving. It's not accessible to me or anyone else while driving. Cop said I couldn't have wax an that my meds should have been in the back seat or back of,van. Cop had,no body camera at all and took my meds and wax,all which were in sealed bags that were not even open yet. Am I screwed

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Well, if they want to come after you, you are screwed.  Wax, concentrates, and edibles are illegal according to the Supreme Court of Michigan.  So, you run that risk right now.

 

However with the transfer, first, you show him your card next time, and say smell is not valid for probably cause, ask if he thinks you are impaired, and if not, are you free to go.  If he wants to search, you will not condone it, but he will do whatever he wants.  Trying to help/comply with them only gets you in trouble every time, unless they are arresting, then please comply with the arrest.  Never let them search, and if it was locked, he would have had to get a warrant once you showed your card to search your vehicle, and another to open the console, and another to open the lockbox in the console... 

 

http://countercurrentnews.com/2015/07/court-rules-odor-is-not-sufficient-for-cops-to-have-probable-cause/

 

Since you have a card, and are immune from prosecution for transportation, smell is 100% not enough for a search.  If you were not impaired, he had no reason for the search.  I'd say show him your card once he said he could smell it, but past that, he needs a warrant to search, and even if a drug dog alerted to your car, he couldn't open a locked console, or a locked box in the car without, a) probably cause, b) your consent, or c) a warrant (which takes probably cause)...

 

So, the situation you are in, any decent attorney will be able to get it thrown out pretty fast.  All you would have to do is show a judge that you were trying to comply, it was in a locked box, in a locked console, and the only key in the vehicle to open the console was used in the ignition, so stopping and turning off the vehicle would be the only way to access.

 

On top of that, and here's where any decent attorney will get it thrown out. As of today (might change tomorrow, but your incident was before today) we are exempt from prosecution for the medical use of Marihuana.  The medical use of Marihuana includes transportation.  The MMMA of 2008 supersedes the penal code which says it has to be transported in your trunk.

 

So, please be aware there is a bill that changes this waiting to be signed, but when this occurred, you are "immune from prosecution for transportation".  It doesn't say immune if it is in the trunk, it doesn't say immune if you are wearing a red scarf, it just says you are immune.

 

So, get a lawyer, don't rely on a public defender, and go get your lockbox back.  As long as they don't try to hit you for the concentrate, you shouldn't have any issues, assuming you get a decent criminal attorney.

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first day is hearing, plead not guilty or guilty. if you dint have a lawyer, usually the court well appoint one to you.

 

google michigan court procedure hearings trial, there are a bunch of things that happen

 

They will then set a date, either for trial or sentencing if you plead.

 

I've posted section 8 defenses here on the site before, including opinions from judges on improper transport law not applying to patients.

 

 

ere, this page has the links to the other judges' orders.

http://michiganmedicalmarijuana.org/topic/47435-mi-ag-invited-to-weigh-in-on-constitutionality-of-marijuana-transportation-law/

 

basically there are two flaws to 750.474.

1. it tried to amend a law (mmma) by title alone. this makes it unconstitional because to amend a law you have to reprint the relevant sections for people to view the changes.

 

2. it is not part of the act, the act supercedes it because it conflicts.

 

(or just here are the links you need to print)

http://www.scribd.com/doc/241527857/People-v-Johnson-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527924/People-v-Johnson-Brief-in-Support-of-Motion-to-Dismiss-08-26-14-Ocr

http://www.scribd.com/doc/241527783/People-v-Johnson-Order-Inviting-MI-AG-to-File-Brief-09-19-14-Ocr

http://www.scribd.com/doc/241527539/People-v-Barber-MMMA-Transport-Dismissal-Transcript-Ingham-DC-03-04-14-Ocr

http://www.scribd.com/doc/241527704/People-v-White-MMMA-Transport-Order-Delta-DC-06-19-14-Ocr

http://www.scribd.com/doc/241527632/People-v-Porter-MMMA-Transport-Order-Crawford-DC-07-21-14-Ocr

http://www.scribd.com/doc/241527421/People-v-Cuadrado-MMMA-Trasport-Opinion-07-23-14-Ocr

 

some of those are opinions, orders and even the briefs.

so you can type out the brief and substitute your info where the other guys' info was. well talk to a lawyer... usually the call is free. call komorn.

 

 

even if this new transport law phases by the governor, you can fight it with section 8 defense in a pre trial hearing.

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What if I can't afford a lawyer. What will they do to me

 

In my experience it's going to end up costing you one way or another. Either you spend money on a lawyer or you spend money on probation costs, fines and fees etc. Sometimes both, but you're always better off with competent representation.

 

You've been set upon by gangsters, a bunch of ruthless thieves and killers, get all the help you can.

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I can't be put on probation over this bs can I? This is all stupid that the cop did this he specifically said he has a problem with the concentrate. It was pressed rosin that is a preparation of dried flower is it not? Does anyone know the average cost a of a good marihuana lawyer? An do I pay up front or how does it work. Sorry I am 23 n work full time I have never,needed a,lawyer

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HB 4210 is retroactive.

Zap,

If 4210 is retroactive, it also includes the transport only in trunk, so wouldn't that then mean he is screwed?

 

I mean it would save him from the concentrate, but it would reinforce the illegal transport.  However, I swear I read that it reduced it to a $75 civil infraction... can't find that part at the moment though.

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Just like your phone, anything more than a swipe they need a warrant to get in, even if they code is easily guessed, like 123456...  Don't hand your phone over unlocked, unless it is for proof of insurance.  There is a law that if you hand over your phone for proof of insurance, they can't look at, touch, or change anything else. 

 

Just hope someone doesn't text you asking to bring over a ounce of your finest green... :)

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