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A Protective Seervices Run In...


MzMalachi

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If they are a qualifying patient then, yes, the AD will protect. However, the AD protects from conviction NOT investigation. That is the point! Without the card the CPS worker is entitled, and SHOULD, investigate further.

 

 

From what I have heard after the fact,if they were serious about this issue (checking me for a grow room) they SHOULD have called the cops and let them handle it...

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From what I have heard after the fact,if they were serious about this issue (checking me for a grow room) they SHOULD have called the cops and let them handle it...

Also I have 2 qualifying conditions but no money to get to a clinic...

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Guest Wayne

I'm simply someone who thinks that children should be protected. Basically what everyone is saying is that it's marijuana so CPS should turn a blind eye regardless of the legality of the alleged grow. Wake the F up. What if it were an illegal operation and the grower was selling to every tom/dick/harry that showed up at the door? You think that is a safe environment for children to live in? Probably is--because I would bet that those buyers would all be benevolent MM patients right? Employ some logic here....

 

So who in the government looking out for your children? Shall it be taken for granted your doing a fine job? What proofs have you? No proofs? Perhaps governmental intervention should be mandatory? ONLY FOR THE SAKE OF THE CHILDREN!!! Has your home been tested for molds and other dangers? Perhaps caused by mismanaged but legal indoor ornamental plant growth? Someone call CPS and the Health Department! Logic dictates it.

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Phaqueto gives the best advice so far.

 

Most SS workers are ultra libs who can even be sympathetic to MM so IMHO it is best to treat them as professionals and with a great amount of respect. Remember their job is to protect kids and they do that by busting the parents for mistreating the kids. In a sense, with good parents you are on the same team. Think of the person reporting you as the enemy- not FIA.

 

I just don't think it is always a good idea to bar workers from your house if you are legal. They can make your life truly hell and, literally, kidnap your children without any notice to you.

 

I would like to say I cannot imagine using MM to take away kids but I most certainly CAN imagine it. I have seen many children removed from homes for months at a time over a positive marijuana test (more often a positive crack test but yes, some magistrates/judges do- or at least DID before MM- take away kids for pot.

 

The standard legal advice is NEVER let anyone into your house without a warrant but....with FIA workers you can also make them allies by being cooperative.

 

Best advice with kids is this: Don't tell them. Don't smoke in front of them. Keep the grow room LOCKED and well hidden. And be the best parent you can be...

 

In this particular case I don't think the law protects you until you spring for the money to get a card. I know others will disagree and it is very possible some judge will find for you- anything can happen once you get to court- but I just don't think that was the original intent of the Michigan voters when they enacted the law. Hope I am wrong.

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Guest Wayne

Would a FIA employee, after being given entry and determining "they" (arbitrarily & and/or capriciously) believed the marijuana growing in your home is illegal, then notifying LEO of same, be considered by a magistrate as a reliable witness when determining issuance of a warrant so the local narcotics unit and SWAT team could get in some practice (not that I believe for a minute LEO would intentionally do such a thing)?

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An anonymous tip can be probable cause although judges usually want more than an anonymous tip (like an anonymous tip plus there is traffic at the house, positive drug dog response to the house etc.

 

The word of an FIA investigator is definitely enough to get a SWAT team to break down your door.

 

Just to be clear I am NOT suggesting you should give FIA a tour of your grow room or let him see the pipes and trays sitting around your kids toy area.

 

If THAT is the case as a lawyer I suggest you clean up a bit and have your chat on the porch. As a parent I say let em right in- sounds like you need parenting classes anyway!

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  • 2 weeks later...

Last week my name was turned in to protective services as a pot smoker and probable grower.There were other allegations made but the worker took out his list and said he wasnt worried about this,this or this,but he was worried about the pot allegations.He told me I would either need to show my home that there was no grow room and take a Mt.Dew test, or admit and be open to evaluation about my use...I told them that I am in the process of becoming a patient and felt I may be protected by the affirmative defense.They still were not leaving until I showed the house.When they saw that there was no grow room they dropped the case.Was I shook down illegally?The good that came out of it is that from now on they have noted I am becoming a patient and will not persue any further pot allegations...What a waste of state taxes,how are we going to protect from this type of issue,the worker said he is getting lots of these complaints a week and must investigate them all...Thanks

 

Newbie,

 

NEVER, I repear NEVER be cajoled into this. Close the Door, Do not answer it. Watch tv. Don't let them bother you, they will eventually leave.

START THE CAMCORDER AND UPLOADING TO YOUTUBE (OR OTHER OFF-SITE "CLOUD") SO IF THEY DO FORCE THE DOOR YOU HAVE A TAPE!

 

Better yet, Lockup nice and tight an leave.

 

Their only option would have been to call LEO. If you had nothing, tell um to screw off. STICK TO IT. I know I know, iI got to go, neighbors are watching -- SCREW EM ALL!

 

Protect those rights. NEVER EVER EVER GIVE IN you will be sitting in Jail feeling real stupid.

We need to start offering classes on the do's and don'ts...

 

Murph

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