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Arrest The Sheriff Of Saginaw County

peanutbutter

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Century Gardens Advanced Member

Century Gardens

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The Department of Justice filed multiple charges against Sheriff Joe Arpaio of Maricopa County, Arizona. The charges include civil rights violations. The case in Arizona is a bit different because the State of Arizona has a vested interest in protecting the rights of it's citizens yet the federal government has the constitutional requirement of setting and enforcing immigration law. It's a tricky balance between the needs of a state vs. the requirements of the union.

 

The case in Saginaw is totally different. There is no 'unclear precedent' or fuzzy interpretation of law. The Sheriff consciously, intentionally and with malice broke HIPPA laws. Period.

 

I would dearly love to hear ANY response from ANY federal prosecutor as to why this man has not been charged. I REALLY want to hear his/her argument.

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420Atheist Advanced Member

+420Atheist

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Unfortunately it does not appear that HIPAA criminal penalties would apply as they are not a covered entity.

 

The DOJ concluded that the criminal penalties for a violation of HIPAA are directly applicable to covered entities—including health plans, health care clearinghouses, health care providers who transmit claims in electronic form, and Medicare prescription drug card sponsors. Individuals such as directors, employees, or officers of the covered entity, where the covered entity is not an individual, may also be directly criminally liable under HIPAA in accordance with principles of "corporate criminal liability." Where an individual of a covered entity is not directly liable under HIPAA, they can still be charged with conspiracy or aiding and abetting.

 

However the civil penalties do not have the "covered entity" clause and they could be find max $50K per violation with a max of $1.5M each year. That also seems to apply to individuals so the sheriff and those who participated could be personally held responsible.

 

The down side is I don't expect the DOJ to go after the sheriff anytime soon.

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peanutbutter Advanced Member

peanutbutter

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Unfortunately it does not appear that HIPAA criminal penalties would apply as they are not a covered entity.

 

However the civil penalties do not have the "covered entity" clause and they could be find max $50K per violation with a max of $1.5M each year. That also seems to apply to individuals so the sheriff and those who participated could be personally held responsible.

 

The down side is I don't expect the DOJ to go after the sheriff anytime soon.

 

What is the source of your quote?

 

tia

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David1946 Advanced Member

David1946

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I don't see any prosecution against any LEO in this state for anything to do with violations involving MM or patients and caregivers.

 

Judges will say the law was vague and the LEO should not be punished for something that is not clearly written. Its the excuse they're using now to raid right?

 

Personally I just want to be able to cultivate my medication with-out the fear of my door being kicked in and we ALL could have that if AG Cox would of stepped up and done his job in the beginning.

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peanutbutter Advanced Member

peanutbutter

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The flow of your medical information is beyond your control when the disclosure is made by a covered entity to or in connection with:

 

Any disclosure required by federal, state, or local regulation, regardless of the scope of the disclosure or the purpose of the disclosure.

Public health authorities.

A person subject to the jurisdiction of the federal Food and Drug Administration.

A person who may have been exposed to a communicable disease.

An employer to (1) conduct workplace medical surveillance or (2) to evaluate whether you have a work-related illness or injury.

Victims of abuse, neglect or domestic violence.

A health oversight agency for audits and investigations.

Court or administrative proceedings in response to a court order, subpoena, or discovery request.

A collection agency for unpaid medical bills.

Coroners and medical examiners.

Funeral directors.

Organ procurement organizations.

A medical researcher with institutional review board approval.

A threat to public safety or public health.

U.S. and foreign military commanders.

U.S. Department of Veterans Affairs to determine eligibility for benefits.

Federal government national security and intelligence officials.

U.S. Department of State to verify health fitness of employees and their families for foreign duty.

Correctional institutions involved in health care of inmates.

Workers compensation uses authorized by state law.

Further . . .

 

Law enforcement access is authorized in a number of ways under HIPAA. In some cases information may be disclosed without a warrant or court order.

 

For more about disclosures in a law enforcement context, see the HHS response to a question on this topic at:http://www.hhs.gov/ocr/privacy/hipaa/faq/permitted/law/505.html

 

Thank you for finding that.

 

Administrative law... got it. HIPPA might apply but it looks pretty dismal.

 

So then we have the Section 6 (h) (4) of the Michigan Medical Marihuana Act.

 

No case law. No administrative law.

 

We need a test case. I would suggest that there are three people that would be primary targets for test cases:

 

The Saginaw county sheriff

The Oakland county sheriff

The sheriff for the county that Dryden is located in.

 

(h) The following confidentiality rules shall apply:

 

(1) Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

 

(2) The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

(3) The department shall verify to law enforcement personnel whether a registry identification card is valid, without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

 

(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.

 

Argument could be made that the sources of the patient/caregiver information was not the MDCH. That is not what is protected.

 

Section 1 says Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.

 

This is exactly what these officers caused to be taken from the various locations in their respective counties.

 

Section 4 talks about the information itself. No mention is made of the source of the information. Simply is this confidential information as defined by this act. As I mentioned before, the application itself and any supporting documents are covered. Again with no regard to the source of information.

 

Lawsuits will not slow them down for years. An arrest will stop them NOW.

 

If we don't stop them, it will only get worse.

 

I understand that such information, from Dryden, was used to conduct raids. People have been arrested because police broke the law with these records.

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EdwardGlen Advanced Member

+EdwardGlen

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The police or the courts don't care how many laws they break or how many of our civil rights they trample on. If they did we wouldn't be going through what we are going through now.

 

That has been standard practice of LEO since the 60's and it's even worse today with "Homeland Security" being the reasoning behind a lot of it.

 

Until a test case goes to the supreme court in DC or Lansing LEO isn't going to change their ways and we are going to suffer until that does happen.

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peanutbutter Advanced Member

peanutbutter

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The police or the courts don't care how many laws they break or how many of our civil rights they trample on. If they did we wouldn't be going through what we are going through now.

 

That has been standard practice of LEO since the 60's and it's even worse today with "Homeland Security" being the reasoning behind a lot of it.

 

Until a test case goes to the supreme court in DC or Lansing LEO isn't going to change their ways and we are going to suffer until that does happen.

 

I move the sheriff of Saginaw county become a test case.

 

Is there a second?

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DT61 Advanced Member

DT61

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They are the best and most obvious target since they were broadcast on local television news stations rummaging through files.

the larger questions are, funding the lawsuit?; where is the MDCH in all of this - why silence?; where is the attorney general who is supposed to fault to the side of the intent of the law when a so called gray area question arises?

IF - If we can get David Leyton elected AG, we at least can get one of these questions resolved. It will be up to each and every one of us to get voters informed on Leyton.

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peanutbutter Advanced Member

peanutbutter

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They are the best and most obvious target since they were broadcast on local television news stations rummaging through files.

the larger questions are, funding the lawsuit?; where is the MDCH in all of this - why silence?; where is the attorney general who is supposed to fault to the side of the intent of the law when a so called gray area question arises?

IF - If we can get David Leyton elected AG, we at least can get one of these questions resolved. It will be up to each and every one of us to get voters informed on Leyton.

 

We're not talking about filing a lawsuit on this thread.

 

I believe we could hire an attorney to run the prosecution against the sheriff.

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  • 4 months later...
knottwhole Advanced Member

knottwhole

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The sheriff of Saginaw county did violate federal HIPPA laws about patient medical records when he raided John Roberts.

 

He then passed these medical records to the DEA.

 

The DEA now holds the evidence of this violation of federal law.

 

Source your information. If you cannot, I will consider it hearsay.

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Croppled1 Advanced Member

Croppled1

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Drug Forfeiture Law

 

As a part of my community I just would like to hear all the details in some of these cases against those in my State - but that is not part of the process . There is no impetus for a court hearing or openness of facts under this law .

 

It costs $15000 to defend against a forfeiture that doesnt require charges or a court hearing , and any defense against it is all on the person whose belongings were taken . They are assumed guilty . Law Enforcement just needs a few forms and search warrant from a Court they work with daily . So pretty much people are intimidated by the additional cost of a second court hearing on charges gullty or not and just sulk away, caught up in life ,.... victims of forfeiture will always be advised to just let anything under $15k go and forget it .

 

But heres the real rub . If their just a little guilty or honestly scared of false arrest and evidence like we know happens in some cases ...(we had one retired Judge scolded last year in Detroit for allowing perjury for the " right " reasons to occur in their courtroom in a high profile drug case ) . You can maybe take $50k or more of stuff and use it daily as your own and nobody will do anything . The margins are fabulous along with the fun . You can always find people that won't fight back even when their innocent .

 

The Forfeiture law keeps our communities ,confused ,and distracted about the failings of Goverment in this economy , the real results of the war on drugs with failed treatment programs , corruption and gives them villian's to appease them . It appears the only way to change this law would be to impose forfeiture on our public officials elected offices that support it - not that there are enough citizens that care . Further its use is so engrained in law and practise it will still take decades even then to eradicate it . We are seeing similar evidence in the discrimination towards medical cannabis patients it is often used against .

 

Whether or not you believe this policy is a good idea and all Law Enformcement Officers are capable of proper discretion ; you have to agree : It sure must be fun playing with regular peoples toys and property seized under a law that was originally supposed to be only used against large drug cartels not private Citizens unable to defend against it .

 

A law operating under the cover of the drug war subject to abuse and causing distrust of Law Enforcement , even death and misery motivating armed invasions of homes . A law that assumes you are gulity until you prove your innocent ; which is very difficult if not impossible to prove as some unfortunates find out . A law that is pitting neighbor against neighbor as they point back and forth declaring I am not the bad one go over there , get them , and wheres my reward . I need the money for my habbits .

 

Et Tu Brute ?

 

Nick At Night - From Hell , Michigan .

 

http://en.wikipedia....Donald_P._Scott

 

 

http://forfeiturereform.com/2010/08/06/extortion-and-civil-forfeiture-in-saginaw-county-michigan/

 

http://www.isil.org/...of-america.html

http://www.fear.org/

 

"America will never be destroyed from the outside . If we falter and loose our freedoms it will be because we destroyed ourselves ." A. Lincoln First President of the Republican Party , Jackson , Michigan.

 

 

"Prohibition. . . goes beyond the bound of reason in that it attempts to control a man's appetite by legislation and makes a crime out of things that are not crimes. A prohibition law strikes a blow at the very principles upon which our government was founded" -Abraham Lincoln

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travelnjudyt Advanced Member

travelnjudyt

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Saginaw leo Vehicle taken from "drug dealer" is now medical marijuana patient. vehicle taken from cocaine dealer.I don't know anything about and don't want to. As to the 2 raids in Saginaw last summer, of the 2 saginaw raids, I know for fact the only reason Ed was over was because of cuttings in dixie cups being counted as plants, and "seeds", that will someday become a mighty tree. Please people stay safe, stay under, keep legal. It is a shame the Federspiel thinks he is doing so GREAT. We are the sick, leave us alone, go after illegal drug dealers and cocaine dealers.

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