Our Rights Under Our New Law

[peanutbutter]

A court of appeals has stated that we have been given new rights under our new law. They determined that the things in our new law are "rights."

 

My observations:

 

Unlike rights like the first amendment, like the right to free speech, our new law includes not only what our rights are but they also include specific instructions to law enforcement and judges.

 

In the main section, those sections involving the ID card, one of these instructions is that the medicine itself shall not be seized. This is the "teeth" this law provides to us. Specific instructions to law enforcement. That is a single example of instructions given to law enforcement to respect our new rights.

 

There are instructions given to judges in both sections of the law. ID and AD. Within the context of the instructions given to law enforcement listed above about seizure the same location expands that instruction to law enforcement to include actions by judges. "not subject to seizure or forfeiture". Seizure is what police do. Forfeiture is what a judge does. This location instructs a judge that it is a violation of law to keep medicine that has been seized.

 

In the AD section of law there is a specific instruction to a judge the case shall be dismissed.

 

This instruction to judges in Michigan, is a part of our civil rights granted to us by the voters. It went into effect on 12/4/2008. Any judge is required by law to obey our rights. On 12/5/2008, if someone presented the list of items in section 8 of our law, the judge was responsible to dismiss the case against the defendant.

 

As our rights under this law become more known, it will be clear that:

 

Our rights allow us to consume.

Our rights require law enforcement and judges to do specific things to respect our right to consume.

 

The actions of law enforcement and judges are specifically ordered, by law, as a part of our rights.

 

Law enforcement and judges are helpless in this context. Their actions are our rights.

[+RevThad]

Great news. Is there a link to the ruling available yet?

[peanutbutter]

Great news. Is there a link to the ruling available yet?

 

Probably .. but I don't know what it is.

[+RevThad]

Ok, I will see if there is a digital version available.

[bobandtorey]

A court of appeals has stated that we have been given new rights under our new law. They determined that the things in our new law are "rights."

 

 

did i miss somethimg PB or is that us?

[+RevThad]

It could be, I know there are some rulings due out soon involving 1 judge handling 3 of these cases. All 3 of which are awaiting a ruling from the COA regarding the law.

 

I am hopeful, just nothing available at their site yet...

[peanutbutter]

did i miss somethimg PB or is that us?

 

Keith

 

The upper court said that these are new rights that came to be on 12/4/2008. Further that such rights didn't exist before that.

 

My point is that these rights include expected actions by judges. Our right is to hear the judge say "case dismissed."

 

Part of our right is to have our case dismissed. The other part of that right is the judge has no other option but to dismiss the case.

[solabeirtan]

The Wheels of Justice must be pretty heavy (overloaded?) cause they awfully slow to turn. Shure not gonna get a Speeding tickeet, for sure. Man I thought I was slow. And Im slower than a turtle these days. A good speed for me. But dam, I'd pass them like a Speeding Bullit.

 

Guess It is Progress ! ...