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Illegal Search?


LITLJON
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Was this a legal search? Should this search been refused.

 

I'm not a good story teller but here it goes. Let me set the stage; Friday morning 7:00 AM, M24 south bound just before Oxford my CG was headed to a job site in the city. When out of nowhere a Oakland County Sheriff pulled him over for a cracked windshield. While my CG was sorting through his cards for his drivers license the OCS saw his CG card and asked to see it, when ask why the OCS then demanded the card my CG complied. CG was then ordered out of his vehicle. CG asked why the OCS replied the card was probable cause to search. CG gets out, and is searched not just pat down but SEARCHED. Placed in the patrol car. The OCS ransacked the interior found nothing. To the trunk he goes ask CG how to open the trunk from the inside because the key's wouldn't work pulls out a large toolbox opens it takes out a tool belt dropping it on the ground spilling nails from the bag on the ground. Again found nothing. From there he went to the hood digging around managed to pull a sensor out of position while trying to pull off the cold air intake filter.As he was saying I know they come off. CG responded by saying yes they come off with a screw driver ( sarcastically ). Again found nothing. Then the OCS called for a canine unit but was told that it would be an hour before one would be available at this point the stop has taken 45 min.. The OCS decided that was to long to wait. Told the CG, in a disgusted sounding voice to put his stuff back in the car and to make sure he picked up the nails he droped(as if the CG was the one that droped the nails in the first place) Gave him a warning for the windshield and sent him on his way.

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No it was not. The medical marijuana act specifically states that possession of a card does not constitute probable cause. Do you know if your caregiver specifically said that he did not consent to a search? If so, I'd be filing an official complaint and talking to a lawyer. Hopefully this was all caught on the cops dashcam so your caregiver could use the cops own evidence against him.

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The law itself says it best.

 

(g) Possession of, or application for, a registry identification card shall not

constitute probable cause or reasonable suspicion, nor shall it be used to support

the search of the person or property of the person possessing or applying for the

registry identification card, or otherwise subject the person or property of the

person to inspection by any local, county or state governmental agency.

 

A link to the law with the ballet language.

 

http://www.michigan.gov/documents/sos/ED-20_11-08_Props_Poster2_251561_7.pdf

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The law itself says it best.

 

(g) Possession of, or application for, a registry identification card shall not

constitute probable cause or reasonable suspicion, nor shall it be used to support

the search of the person or property of the person possessing or applying for the

registry identification card, or otherwise subject the person or property of the

person to inspection by any local, county or state governmental agency.

 

A link to the law with the ballet language.

 

http://www.michigan.gov/documents/sos/ED-20_11-08_Props_Poster2_251561_7.pdf

 

Exactly right

 

ANd that search was exactally wrong

 

You need to carry a copy of the law!

 

Pen is mighter than sword...Look at the law officer...just because you know i have a card doesnt give you a right to search!!!!!

 

ANd keep those cards put well away...this could have got extremely ugly

 

Right or wrong...a mess is a mess...best avoided and prevented

 

But what muffin makers hick cops....typical :blink:

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Always lock the door when exiting your vehicle and leave the keys inside. Carry a spare key carefully concealed or call a wrecker. Cheaper than other possibilities.

and always tell the "peace officer" the following. i do not consent to a search of my person. i do not consent to a search of my car. i do not consent to a search of my belongings. then inform the "peace officer" that you have nothing to say without the presence of an attorney.

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Since my card came in the mail it has always been in a separate compartment of my wallet from my drivers license. It make no sense to keep it by your DL.

 

I also have the Ford keyless entry on my truck. When I get out I lock it with the keys sitting in a cup holder. I figure it is a good habit to have. Although in 29 years of driving I have only once been asked to step out of my car during a stop and there was an active warrant. Cop never even looked in my car.

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You need to carry a copy of the law!

 

Pen is mighter than sword...Look at the law officer...just because you know i have a card doesnt give you a right to search!!!!!

 

ANd keep those cards put well away...this could have got extremely ugly

i couldn't agree more, Herb! i have a copy of the law printed with all of my paperwork (and my card when it arrives) clipped together in a manilla envelope under the seat. no on needs to see it unless they NEED to see it. but when they NEED to see my paperwork, they NEED to see the law as well!

 

i figure someone else's ignorance is not going to be my downfall. it will just be my opportunity for education! :thumbsu:

Edited by 1337Gr33n
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Dude, I hope your GC got that dic's name and badge number b/c I would be taking legal action. To me that sounds like harassment. If a police officer searches your car with out permission that is illegal. They have to have a search warrant. Now as far as the trunk goes, I think that would be considered a locked compartment just like a glove box.

 

Its gonna take a MMP suing a local police department or a city for them to realize that we can actually possess our medication. I dont understand why police officers think that there personal beliefs matter more then our rights as Michigan citizens. They need to open the most recent books on our state laws and take a little refresher course.

 

I hope your CG made a complaint b/c thats what its gonna take.

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Was this a legal search? Should this search been refused.

 

I'm not a good story teller but here it goes. Let me set the stage; Friday morning 7:00 AM, M24 south bound just before Oxford my CG was headed to a job site in the city. When out of nowhere a Oakland County Sheriff pulled him over for a cracked windshield. While my CG was sorting through his cards for his drivers license the OCS saw his CG card and asked to see it, when ask why the OCS then demanded the card my CG complied. CG was then ordered out of his vehicle. CG asked why the OCS replied the card was probable cause to search. CG gets out, and is searched not just pat down but SEARCHED. Placed in the patrol car. The OCS ransacked the interior found nothing. To the trunk he goes ask CG how to open the trunk from the inside because the key's wouldn't work pulls out a large toolbox opens it takes out a tool belt dropping it on the ground spilling nails from the bag on the ground. Again found nothing. From there he went to the hood digging around managed to pull a sensor out of position while trying to pull off the cold air intake filter.As he was saying I know they come off. CG responded by saying yes they come off with a screw driver ( sarcastically ). Again found nothing. Then the OCS called for a canine unit but was told that it would be an hour before one would be available at this point the stop has taken 45 min.. The OCS decided that was to long to wait. Told the CG, in a disgusted sounding voice to put his stuff back in the car and to make sure he picked up the nails he droped(as if the CG was the one that droped the nails in the first place) Gave him a warning for the windshield and sent him on his way.

if he would of said no officer its agenst my constional right to privacy to allow you to seach my car the officer might have left him alone or he would went a head and serched any way in that case let him serch and when you went to court the judge would have thron it out illegal search...that goes for your home too thay need a warrent to serch with out your consent.

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i recently had my rights severly violated due to a quiet observer (disgrunteled person). police came to residence wich is a 4-plex in G.R. and used credit card to enter appartment next door after we told them we didnt have the key. i had my paper work and they still broke in.no warrant or probable cause, also put me in hand cuffs and put in car while they went through my computer. after they took all my plants lights, and collecters swords (lord of the rings)they took off hand cuffs and left no charges have been filed.does anyone know a lawyer that can help me file a suit against the G.R.P.D?

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From my experience it is best to "cooperate" with the LEOs. Make it known that you are REFUSING consent to search your vehicle! Even if they continue to badger you about it, make sure they know you are refusing consent to search..

 

If the LEO continues the search without consent that is violation of civil rights! Unreasonable searches and seizures happen all the time, and most citizens do not file a complaint with the police department and follow through with an attorney!

 

If this does happen to you, it is up to YOU to contact a civil rights attorney! If you do NOT contact an attorney about this matter, this will continue to happen... to EVERYONE that LEO comes across.

 

NEVER EVER get physical with a LEO. The only thing you CAN do is make it very clear that you are REFUSING consent to search!

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i recently had my rights severly violated due to a quiet observer (disgrunteled person). police came to residence wich is a 4-plex in G.R. and used credit card to enter appartment next door after we told them we didnt have the key. i had my paper work and they still broke in.no warrant or probable cause, also put me in hand cuffs and put in car while they went through my computer. after they took all my plants lights, and collecters swords (lord of the rings)they took off hand cuffs and left no charges have been filed.does anyone know a lawyer that can help me file a suit against the G.R.P.D?

Bump.. anyone can help this person??

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Tell me this did not really happen.

 

Sue that fool. Possession of a CG card gives probable cause to search? Even if it were not specifically prohibited in the MMM how could possession of a State license give p/c to detain and search? So he has a State license- that does not provide ANY evidence that he has contraband at this particular place and time.

 

Jeez, call Matt Able or somebody. This will not stand.

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