Search Warrant Invalid?

[vender]

Just wondering if LEO shows up with a search warrant and I show my card is that warrant invalid?

[solabeirtan]

If they have the warrant, you have to let them in. At that point it doesn't matter if you have a card (to them). Then if you are charged with anything you will be arrested booked and will most likely have a pre-trial fairly quick. This is where you will plead, guilty or not or stand mute. After this your card will come in handy, during your trial. You or your Lawyer will ask for a Motion to Dismiss, because of the card, also chances are if you were 100% legal the warrant could be voided.(Invalidated). This is where the Lawyer comes in handy.

 

Best of Luck to you! Please keep us posted of any more developements ...

[Kingdiamond]

Just wondering if LEO shows up with a search warrant and I show my card is that warrant invalid?

Its suppose to be but so far from what ive seen the majority of these raids contiue on and they force you to prove your innocent in court.

[wingnut]

Its suppose to be but so far from what ive seen the majority of these raids contiue on and they force you to prove your innocent in court.

What ever,we are innocent until proven guilty . Per-say HA HA

[vender]

I guess Michigan could use an attorney general to figure out the law. Oh thats right Mike Cox is doing that. What an as s he is.

[Kingdiamond]

I guess Michigan could use an attorney general to figure out the law. Oh thats right Mike Cox is doing that. What an as s he is.

And I'm sure he will be a great Governor too!

 

NOT!

[Guest CaveatLector]

If they have the warrant, you have to let them in. At that point it doesn't matter if you have a card (to them). Then if you are charged with anything you will be arrested booked and will most likely have a pre-trial fairly quick. This is where you will plead, guilty or not or stand mute. After this your card will come in handy, during your trial. You or your Lawyer will ask for a Motion to Dismiss, because of the card, also chances are if you were 100% legal the warrant could be voided.(Invalidated). This is where the Lawyer comes in handy.

 

Best of Luck to you! Please keep us posted of any more developements ...

 

A search warrant is issued on probable cause. If probable cause exists that you are overlimit for example then a warrant will be issued and you will be searched regardless of whether you have a card. Just because a search warrant doesn't yield what the cops hope to find does not make the warrant invalid.

[solabeirtan]

A search warrant is issued on probable cause. If probable cause exists that you are overlimit for example then a warrant will be issued and you will be searched regardless of whether you have a card. Just because a search warrant doesn't yield what the cops hope to find does not make the warrant invalid.

 

Im not a lawyer, but I dont believe you get the warrant for probable cause. Thats bs. That is the popos scam, the probable cause gives them permission to investigate further.

 

It has to state exactly what the purpose is and what they expect to find. Anything else they might turn up is another offense, then, if they find what they were looking for also. If they said they were looking for illegal grow op and he happens to check out Legal, then they didnt find what they were looking for, they are SOL! If they found illegal firearms etc., they can charge you on that crime though.

 

Remember, im not a lawyer, just trying to be helpfull 'sall!

[AnthonyB]

Also read the warrent carefully. From what I gather, warrents must specify the general location to search, not the whole

house. So If it says basement, let them in the door thats the shortest path to the basement... Does this make sence or am

I off base?

[______]

Also read the warrent carefully. From what I gather, warrents must specify the general location to search, not the whole

house. So If it says basement, let them in the door thats the shortest path to the basement... Does this make sence or am

I off base?

 

Generally the warrant will specify a particular house or apartment unit, sometimes it will also specify particular outbuildings. I'm pretty sure the scope of the warrant is not supposed to be vague, but is rarely just for a particular room or level of the building.

 

In some cases if they find something illegal but not specified in the warrant they need to get another warrant to cover that item. The Judge will issue it very quickly since the officers are in the house and are the informant.

[Guest CaveatLector]

Generally the warrant will specify a particular house or apartment unit, sometimes it will also specify particular outbuildings. I'm pretty sure the scope of the warrant is not supposed to be vague, but is rarely just for a particular room or level of the building.

 

In some cases if they find something illegal but not specified in the warrant they need to get another warrant to cover that item. The Judge will issue it very quickly since the officers are in the house and are the informant.

No that's not true. If something illegal is found that wasn't in the warrant then as long as it was found while searching for what WAS in the warrant then no other warrant is needed to seize and charge you. It's called the plain view doctrine. In other words if the warrant allows for a search for a bowling ball and the cops look in your eyeglasses case and find pot then the evidence is excluded since a bowling ball clearly can't fit in your eyeglasses case. However, if they are looking for pot plants and see cocaine spread on your counter then you're going down for the coke. No separate warrant required.

[Guest CaveatLector]

Im not a lawyer, but I dont believe you get the warrant for probable cause. Thats bs. That is the popos scam, the probable cause gives them permission to investigate further.

 

It has to state exactly what the purpose is and what they expect to find. Anything else they might turn up is another offense, then, if they find what they were looking for also. If they said they were looking for illegal grow op and he happens to check out Legal, then they didnt find what they were looking for, they are SOL! If they found illegal firearms etc., they can charge you on that crime though.

 

Remember, im not a lawyer, just trying to be helpfull 'sall!

 

Probable cause is required for a warrant to issue. The person seeking the warrant must show the judge probable cause that the contraband is located in the place to be searched. Probable cause means it is probably there. In other words you must show that there is 51% certainty that the contraband or evidence of a crime exists in the place to be searched.

[bobandtorey]

Probable cause is required for a warrant to issue. The person seeking the warrant must show the judge probable cause that the contraband is located in the place to be searched. Probable cause means it is probably there. In other words you must show that there is 51% certainty that the contraband or evidence of a crime exists in the place to be searched.

 

 

now that my good Sir is right but like i said when i was in court Matt ask/told the judge just because you find mmj in the trash does not mean their is a crime being commented in Mich. any longer

[Guest CaveatLector]

now that my good Sir is right but like i said when i was in court Matt ask/told the judge just because you find mmj in the trash does not mean their is a crime being commented in Mich. any longer

 

Correct. But the issue here isn't whether mj in the trash equals PC. The issue is what is the standard for obtaining a warrant and whether a warrant can be obtained even if you hold a card.

[solabeirtan]

Correct. But the issue here isn't whether mj in the trash equals PC. The issue is what is the standard for obtaining a warrant and whether a warrant can be obtained even if you hold a card.

 

This is exactly what we are after "the standard". This is more reserved for VCSA. Your 'standard' neeeds to be re-assessed because the circumstances have changed. It is irrelevant, since it is not illegal to have these 'leaves in the trash', or smell, or even 'suspected of being over' if you are a registered(paid up) qualified patient/caregiver. This being an election year the almighty political games are in effect and Id say you'll have a hard time getting any judge or magistrate to sign a warrant regarding MM Mota.

 

 

 

 

[Guest CaveatLector]

This is exactly what we are after "the standard". This is more reserved for VCSA. Your 'standard' neeeds to be re-assessed because the circumstances have changed. It is irrelevant, since it is not illegal to have these 'leaves in the trash', or smell, or even 'suspected of being over' if you are a registered(paid up) qualified patient/caregiver. This being an election year the almighty political games are in effect and Id say you'll have a hard time getting any judge or magistrate to sign a warrant regarding MM Mota.

 

 

 

 

 

MY standard? First off it isn't MY standard, it is THE standard used based on our constitutional law. Secondly, the standard doesn't need to be touched. Of course smell and trash may not, standing alone, amount to probable cause to seek a warrant. So what does that mean? It means there ISN'T PC. The standard doesn't need to be "re-assessed" but judges need to realize that elements that created PC before do not necessarily create it today.

[solabeirtan]

MY standard? First off it isn't MY standard, it is THE standard used based on our constitutional law. Secondly, the standard doesn't need to be touched. Of course smell and trash may not, standing alone, amount to probable cause to seek a warrant. So what does that mean? It means there ISN'T PC. The standard doesn't need to be "re-assessed" but judges need to realize that elements that created PC before do not necessarily create it today.

 

Thank you sir for your timely and eloquent clarification of these details. Your help is greatly appreciated. Thanks Again, keep up the Good Work. The Community is truly enhanced by people such as yourself.

 

ps. ...Thats what I was trying to say, anyways ...

[Guest Wayne]

So empty liquor bottles in the trash = probable cause? Not knowing who or where it was consumed? Maybe minors? Perhaps a sign of alcoholic child endangerment? Etc?

[lawyercaregiver]

The standard doesn't need to be "re-assessed" but judges need to realize that elements that created PC before do not necessarily create it today.

 

 

Oooh this is really nice! I think you are right that non-medical user types can now argue the standard for Probable Cause is higher now that a certain class of people are legal.

 

Don't know what a judge will do with that argument but it is always nice to have another arrow in the quiver.

[phaquetoo]

Just wondering if LEO shows up with a search warrant and I show my card is that warrant invalid?

 

 

It is valid while they are kicking your door down! after they take all your bunny muffin and get rid of it, The judge may throw it out. or the D A will drop charges, But that dont get ur bunny muffin back! That is what sucks about the whole thing!

 

Free The Weed!

Peace!

Jim