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Another Transgression?


Danielshemp
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In early August, law enforcement killed 27 plants that I had in flower. I had 57 live plants, including clones and about 3 1/2 ounces trimmed and drying. Law enforcements count was 135 plants. They counted every bud that was drying as individual plants. Obviously they wanted to boost my plant count so they could destroy my grow. Here is my question, I would like a knowledgeable attorney to answer. At what stage is the plant no longer a plant?

 

This is the second time I've been raided. I haven't been charged for either these apparent violations. At what point does this become police harassment?

 

I will not discuss any other details of my situation, please do not ask.

 

Jeff in Bad Axe, I am eagerly for the results of your suit. How much longer?

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I think they are totally wrong on how they counted but I would also say you have to be doing something wrong or against the law to have been raided twice

 

That's a problem.

 

This is a new legal area. People can't assume that someone is doing something wrong like that.

 

The fact that he was never charged would support the idea that he did NOTHING wrong.

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I am not a lawyer, but here is some info that has been posted in the past.

 

In Archie Kiel's case they had a Botanist testify, by request of the judge, that a plant must have a root system to be considered a plant. This is consistent with federal law. Under Michigan criminal law, anything that will become a plant is considered a plant, ie cuttings.

 

It would be logical to conclude that neither under Michigan law, nor federal law, would a cut up harvested plant be considered a plant because it has no roots nor any potential of becoming a plant. Since criminal law does not directly apply and the Medical Marijuana act has to be liberally interpreted to fulfill the will of the voters, I am sure that a cut up harvested plant would not count against your plant count at the supreme court level, but as of now there is no authoritative case law on the issue.

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I guess my question is why would they just decide to stop by danielshemp house? Sorry I would just assume that but it just seems weird.

 

Government authorities are still talking about "gray areas" and "test cases."

 

One idea that has been floated is to "arrest them all and let the courts sort it out."

 

Simply because the police did something is no indication of a persons wrongdoing. Especially given the current attitude of some government officials.

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OH sorry I missed the part that he was never charged, but still why did they stop by in the first place

Many police forces have said on record that if they find ANYONE growing marijuana, legal or not, they must raid the house to insure that the grower is in compliance with state law. They can find growers from their own investigation or more likely calls from neighbors, family, meter readers, pizza guys, or any other source. RAIDS do not Equal criminal activity, by the police's own admittance. It should be noted that inspection are against the law, so police are breaking the law with this policy.

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Tooldini, I think there is the answer to your query ,"Why Danielshemp house?" and it is the 'estranged wife.' It is logical to assume on another two occasions she called the police to complain and gave them access (since apparently they entered without breaking down doors).

 

Also, if "plants" under Federal law have to have roots, and under Michigan statute have to have the possibility of becoming plants, the buds (if dry) would properly be added to the weight of dry material found at Danielshemp house.

 

For me this an eye-opener and will change how I count dry weight: trimmed amd bagged plus chopped and drying. Also, I foresee more frequent sales of smaller amounts until the law in Michigan is clarified.

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The fact that he was never charged would support the idea that he did NOTHING wrong.

 

Why are law enforcement officials not held accountable for stealing cash and/or possessions and/or personal property legally recognized medication while LEO files no charges? If there were no charges, WHY NOT? Then everything should be given back if there were no charges. Otherwise, it is allowing law enforcement to mistreat citizens of the community and if that is how they are, you can promise yourself there are many other criminal acts and unethical behavior going on that you and I do not know about....YET. These are actually police officers entitled to commit criminal acts against the community.

 

Since this is a proven criminal act prosecutor's do not prosecute, and that citizens in the community fear law enforcement criminal retaliation back should a citizen peruse reporting it, and since nobody who could stop this does anything about it, I would advice strongly, because of massive police misconduct, that people hide their cash anywhere but under their mattress or in a metal box like Sal did, and regularly photograph their possessions should they need to have a photo for later filing a small claims or general civil suit against the offending LEO agency, if that is at all possible. If a person has been proven to be complying with the law of the MMMAct, removed plants should be returned unscathed, or the value of said medicinal plants be repaid in a TIMELY manner to the victims.

 

LEO seems to like to take flat screen TVs, cash, aside from taking medicinal marijuana. Not filing any charges against a victim means not having to list items with police inventory, which means Deputy Dirtbag just got a big screen TV to watch his football game on, no strings attached. It also means 3 Deputies have been able to split up eleven thousand dollars three ways. It also means one or two deputies are going to do some recreational marijuana smoking over the weekend.

 

We have no way of knowing what is inventoried and what is not, especially when many LEO will HIDE their faces, use their assault rifles, take your belongings, and then you never hear from them again. Yet they arrest people who commit home invasions. Hmmmmmmmm.....

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Why are law enforcement officials not held accountable for stealing cash and/or possessions and/or personal property legally recognized medication while LEO files no charges? If there were no charges, WHY NOT? Then everything should be given back if there were no charges. Otherwise, it is allowing law enforcement to mistreat citizens of the community and if that is how they are, you can promise yourself there are many other criminal acts and unethical behavior going on that you and I do not know about....YET. These are actually police officers entitled to commit criminal acts against the community.

It is crazy. Here is a Detroit news article on it.

Police property seizures ensnare even the innocent

http://detnews.com/article/20091112/METRO/911120388/Police-property-seizures-ensnare-even-the-innocent

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Why are law enforcement officials not held accountable for stealing cash and/or possessions and/or personal property legally recognized medication while LEO files no charges? If there were no charges, WHY NOT? Then everything should be given back if there were no charges. Otherwise, it is allowing law enforcement to mistreat citizens of the community and if that is how they are, you can promise yourself there are many other criminal acts and unethical behavior going on that you and I do not know about....YET. These are actually police officers entitled to commit criminal acts against the community.

 

Since this is a proven criminal act prosecutor's do not prosecute, and that citizens in the community fear law enforcement criminal retaliation back should a citizen peruse reporting it, and since nobody who could stop this does anything about it, I would advice strongly, because of massive police misconduct, that people hide their cash anywhere but under their mattress or in a metal box like Sal did, and regularly photograph their possessions should they need to have a photo for later filing a small claims or general civil suit against the offending LEO agency, if that is at all possible. If a person has been proven to be complying with the law of the MMMAct, removed plants should be returned unscathed, or the value of said medicinal plants be repaid in a TIMELY manner to the victims.

 

LEO seems to like to take flat screen TVs, cash, aside from taking medicinal marijuana. Not filing any charges against a victim means not having to list items with police inventory, which means Deputy Dirtbag just got a big screen TV to watch his football game on, no strings attached. It also means 3 Deputies have been able to split up eleven thousand dollars three ways. It also means one or two deputies are going to do some recreational marijuana smoking over the weekend.

 

We have no way of knowing what is inventoried and what is not, especially when many LEO will HIDE their faces, use their assault rifles, take your belongings, and then you never hear from them again. Yet they arrest people who commit home invasions. Hmmmmmmmm.....

 

i sure hope you are going to the Rally tomorrow you can speak for me any time

 

Thanks for your posting

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Contact your local State police office. Tell them that u had a break in and your medication was stolen. Press charges upon the police that came that day. Atleast then u start a papertrail and/or some criminal charges against them. The law says if they take/damage any equipment or medication it is a felony. Very clear. I would call them. It can't hurt.

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