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Did I Do The Right Thing?


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On wed. night @ aprox.8:30 pm i was pulled over by a manistee co state police officer.He asked me if i had marijuana on me and i said yes i do i am a medical marijuana patient. I showed him the meds and my card. I had two bags one with 7 grams and one with maybe 3-4 grams and he swore i was over my limit.i let him search my purse and my vehicle and then he told me he was going to arrest me for dui of marijuana and my methadone unless i let him follow me home so he could look @ my plants.i had my 13 yr old daughter and her friend from school with me.I have a cg because 7 yrs ago i got a poss/man with intent but nothing since.my girl that they are going s were scared and i knew that we were not over our plant count(my husband also has his medical card)so he followed me to my house i let him look in my room.He called in another officer who came in and looked and said what r we doing here.she had her card,she allowed you to search her purse and her vehicle you found nothing you should have let her go.the 1st officer took some pics and they left.this house isn't in my name eaither and i have no contract or rental agreement so idk if they even had right to be in here without permission from the owner.Did i do the right thing? Even though we were not over our limit i keep thinking they are going to be back. please give me some advice .

thank you,

Brandy

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i tried to send him a message but it said he does not accept messages.also tried to go to the website and it is down right now.i'm hoping maybe he will send me a message. if someone has his phone # please let me know.

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

3000 Town Center, Suite, 1800

Southfield, MI 48075

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com

Website: www.komornlaw.com

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I'm not a lawyer but... The LEO pulled you over in your car... Then proceeded to follow you to your residence for further searching? I'm really not sure if a cop can legally do that. Follow you home like that.

Yeah, hook yourself up with a lawyer.

 

And please, let us know your results... I am very interested to know if a cop can do such a thing.

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Hi Brandy,

 

I understand your fear, but please know that you did not have to give up your rights. There are NO inspections. DO NOT let law enforcement into your home unless they have a warrant or you called them for some reason. You gave up your rights when you let them in. Remember, you have the right to remain silent. USE IT!!!

 

Police can and WILL lie to you. They will intimidate you into saying and doing things to incriminate you.

 

If you feel you need a lawyer, may I suggest calling Mr. Abel.

 

Matthew R. Abel

Attorney at Law

Cannabis Counsel

 

2930 E. Jefferson Ave.

Detroit, MI 48207

Phone: 1-313-446-2235

 

Also, please check out this resource from the most credible and respected medical cannabis advocacy group, Americans for Safe Access:

 

http://www.safeaccessnow.org/section.php?id=21

 

All patients and cannabis consumers should know their rights! Also, having a marijuana possession charge, either felony or misdemeanor does not prohibit you from growing your own plants as a patient. If you were convicted of a drug felony, you may not be a caregiver for someone else.

 

Hope this helps. I know personally how scary police encounters can be. Please check out ASA's Know Your Rights materials!

 

Best wishes,

 

Brandy Zink

 

Americans for Safe Access

Ambassador

 

(Former Executive Director, Michigan Medical Marijuana Association)

 

On wed. night @ aprox.8:30 pm i was pulled over by a manistee co state police officer.He asked me if i had marijuana on me and i said yes i do i am a medical marijuana patient. I showed him the meds and my card. I had two bags one with 7 grams and one with maybe 3-4 grams and he swore i was over my limit.i let him search my purse and my vehicle and then he told me he was going to arrest me for dui of marijuana and my methadone unless i let him follow me home so he could look @ my plants.i had my 13 yr old daughter and her friend from school with me.I have a cg because 7 yrs ago i got a poss/man with intent but nothing since.my girl that they are going s were scared and i knew that we were not over our plant count(my husband also has his medical card)so he followed me to my house i let him look in my room.He called in another officer who came in and looked and said what r we doing here.she had her card,she allowed you to search her purse and her vehicle you found nothing you should have let her go.the 1st officer took some pics and they left.this house isn't in my name eaither and i have no contract or rental agreement so idk if they even had right to be in here without permission from the owner.Did i do the right thing? Even though we were not over our limit i keep thinking they are going to be back. please give me some advice .

thank you,

Brandy

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I'm not a lawyer but... The LEO pulled you over in your car... Then proceeded to follow you to your residence for further searching? I'm really not sure if a cop can legally do that. Follow you home like that.

Yeah, hook yourself up with a lawyer.

 

And please, let us know your results... I am very interested to know if a cop can do such a thing.

cops r trained to take things s far as u let them its not a violation of ur rights if u give them up through compliance

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On wed. night @ aprox.8:30 pm i was pulled over by a manistee co state police officer.He asked me if i had marijuana on me and i said yes i do i am a medical marijuana patient. I showed him the meds and my card. I had two bags one with 7 grams and one with maybe 3-4 grams and he swore i was over my limit.i let him search my purse and my vehicle and then he told me he was going to arrest me for dui of marijuana and my methadone unless i let him follow me home so he could look @ my plants.i had my 13 yr old daughter and her friend from school with me.I have a cg because 7 yrs ago i got a poss/man with intent but nothing since.my girl that they are going s were scared and i knew that we were not over our plant count(my husband also has his medical card)so he followed me to my house i let him look in my room.He called in another officer who came in and looked and said what r we doing here.she had her card,she allowed you to search her purse and her vehicle you found nothing you should have let her go.the 1st officer took some pics and they left.this house isn't in my name eaither and i have no contract or rental agreement so idk if they even had right to be in here without permission from the owner.Did i do the right thing? Even though we were not over our limit i keep thinking they are going to be back. please give me some advice .

thank you,

Brandy

 

Brandy,

 

So sorry to hear about your incident. As to whether or not you did the right thing, only you can determine that for yourself. You did exactly what many (if not most) would have done in that situation. Every course of action has it's short term and long term, potential and actual consequences. As of now it looks like they have not yet decided to pursue action against you, so if your goal was to get out of there with as little conflict as possible, it may have worked out well enough for you.

 

That being said, I would have handled things differently. In reality, the officer had no right to search you, your vehicle or your grow room. They must first have reasonable suspicion of an illegal activity taking place. The law specifically states that transportation of marijuana is protected as medical use and therefore not illegal. Also, the law specifically states that possession of a medical marijuana card DOES NOT constitute reasonable cause or suspicion. In other words, even after you admitted having marijuana in your car (which you didn't HAVE to do) there was no reasonable suspicion of illegal activity, therefore, no justification to search.

 

What the police officer did by threatening to charge you with a more serious offense if you didn't take a particular course of action (in this case, showing him your grow room) is a common tactic used by law enforcement to coerce people into giving up their constitutional rights, in this case the right to be free from unreasonable search. Although it stinks, Law Enforcement (LEO) can basically say or do anything they want including lying, tricking, deceptive questioning, threatening, etc. to get you to give up your rights and it is 100% legal. Unfortunately, as in your case, it works way too often. Once you've given up those rights, it becomes much worse for you.

 

There are a few things to remember.

  1. The following 2 phrases are critical: "I do not consent to any searches." "Am I being detained or am I free to go?" The first clearly expresses your choice in exercising your constitutional rights. Say it loudly and often. Usually LEO vehicles are equipped with cameras and recorders nowadays, so say it loud enough and often enough that the recorders will pick it up. LEO may still chose to search you against your consent, but if you clearly state that right, you have a MUCH better chance if you do end up arrested and/or going to court. The second allows you to clearly state that you are not voluntarily participating in the conversation with the officer. If they want to detain you, they must have a reason to do so (to force you to wait at the side of the road.) They can't, however, force you to participate in a conversation with them unless they have reason to detain you. If you ask this question and they say they are not detaining you, just talking, then ask if you're free to leave and do so calmly and carefully
  2. By allowing the LEO into your grow space and take pictures, you can almost bet that they are going through those with a fine-toothed comb looking for any reason at all to bust you on a technicality. As is the case above, there is no provision in the law for inspections of grows by LEO. There is absolutely no reason to allow them into your home without a warrant. Again, they can lie, intimidate, do whatever to get you to let them in, but without a warrant it is all bluster.
  3. You're now on their radar and they have pictures of your set-up. From here on out, it is even more critical that you follow the law to the letter. Stay in those plant count / weight limits!
  4. Kudos to the 2nd LEO. Sounds like they realized that they had no business being there.
  5. Watch the following videos (10 part youtube series). Then watch them again!

In a case like yours, I would have clearly expressed my right to refuse search and also refused to take them to my grow area. Now, it likely would have ended up with a longer initial incident road-side, and an outside chance of even spending a few hours in jail, but in the long run, I believe I'd be better off if a charge was pursued.

 

Hope this situation hasn't scared you too much. Best of luck to you and yours!

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Don't kid yourself thinking one of them was a good cop. Sounds like good cop, bad cop routine. Remember, pigs stick together at the feeding trough. They will cover each other at the drop of a gun. Always carry a cell phone. A female alone or with a child should never follow or be followed by a stranger. Even a badge doesn't give him authority. Call 911 immediately when you feel uncomfortable and let everything be recorded for your own safety. Too many perverts and psychos dressing as police running around for you to be sure he is on the level.

How true.good advice

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I'm so sorry to hear that happened to you. The golden rule is: NEVER NEVER NEVER NEVER let the cops in your house without a warrant. No ifs ands or buts about it. NEVER, period.

 

The police love to use lies and intimidation and they count on the average citizen being totally ignorant of the Constitution and the protection it provides from government intrusion. Your first clue that he was full of it was when he swore you were over your limit. It's pretty clear that 10 grams is not 2.5 ounces.

 

I think he was intentionally misleading you again when he said he was going to arrest you. I don't know how he could suspect you were DUI unless you failed the field sobriety test.

 

Thank goodness for the second cop realizing how much they were invading your privacy, he showed a tiny bit of restraint, at least that's something.

 

This is all layman's opinion based on what I have learned here and elsewhere. You should definitely contact an attorney. I have a feeling you may have invited in trouble when you let them into your home. Here's to hoping not.

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He called in another officer who came in and looked and said what r we doing here.she had her card,she allowed you to search her purse and her vehicle you found nothing you should have let her go.the 1st officer took some pics and they left.

At the very least you should file a formal complaint with his department just so it's on record. I think I would even demand the pictures back.
i let him search my purse and my vehicle and then he told me he was going to arrest me for dui of marijuana and my methadone unless i let him follow me home so he could look @ my plants.
This is nothing but pure intimidation to threaten you with incarceration if you did not comply with his demands. Another case of a non-educated law officer.

 

Be safe Brandy.

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I'm sorry to hear about what happened to you in this situation. The other posters on here gave some really sound advice so there is no need for me to say the same thing.

 

Something did strike me as odd though in your story. The cop was going to site you for DUI but then let you drive to your house? SO he thought you were intoxicated and under the influence but then kept you on the road. WOW. This cop was fishing and hoping to reel in the big charges against you. That's why the other cop told him he should have let you go because it was bogus to begin with.

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This cop had no right to threaten you with arrest if you refused a search of your home i would have told him go ahead arrest me im legal up to 2.5 ozs and you do not have the right to inspect anything without a search warrant. :notfair:

 

 

I can understand that you might have been coerced to do this but it was the wrong thing to do as a legal patient hopefully all works out for you .

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I'm not joking.

 

Not to be paranoid, but due to your criminal record I give the following scenario a high probability of occurring....

You will be visited sometime late tonight or Saturday night by either local LEO, or MUCH more likely, those cops and/or their buddies dressed in black with assault masks covering their faces to rob your home, kill/take your family and kill your dogs.

 

You need to move all medical marijuana related materials from the residence ASAP, as well as anything else that may even seem illegal...

 

I'd also recommend removing yourself and your family from the residence, stay with family, friends, go camping this weekend to see the leaves, whatever you need to tell your kid. While you may not have any legal medical marijuana on the premises, when the cops raid your home "accidental discharge" is always a possibility.

 

Talking to your lawyer on Monday aint gonna help much when your being assaulted by rogue cops over the weekend.

 

Sorry for the hard edged reality check, but it is an event you need take into consideration and make some preparations for...

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Don't kid yourself thinking one of them was a good cop. Sounds like good cop, bad cop routine. Remember, pigs stick together at the feeding trough. They will cover each other at the drop of a gun. Always carry a cell phone. A female alone or with a child should never follow or be followed by a stranger. Even a badge doesn't give him authority. Call 911 immediately when you feel uncomfortable and let everything be recorded for your own safety. Too many perverts and psychos dressing as police running around for you to be sure he is on the level.

 

Not that I dont agree with you but, have you heard of creeps dressing as police in michigan?

 

I cant believe that a cop thought about 10 grams was over the limit wtf...

 

I was thinking always carrying a scale with you would be smart if you have close the 2.5, so you could weigh it for the officer and be like see told ya so

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I'm not joking.

 

Not to be paranoid, but due to your criminal record I give the following scenario a high probability of occurring....

You will be visited sometime late tonight or Saturday night by either local LEO, or MUCH more likely, those cops and/or their buddies dressed in black with assault masks covering their faces to rob your home, kill/take your family and kill your dogs.

 

You need to move all medical marijuana related materials from the residence ASAP, as well as anything else that may even seem illegal...

 

I'd also recommend removing yourself and your family from the residence, stay with family, friends, go camping this weekend to see the leaves, whatever you need to tell your kid. While you may not have any legal medical marijuana on the premises, when the cops raid your home "accidental discharge" is always a possibility.

 

Talking to your lawyer on Monday aint gonna help much when your being assaulted by rogue cops over the weekend.

 

Sorry for the hard edged reality check, but it is an event you need take into consideration and make some preparations for...

 

 

 

Cmon man are you serious?

 

You just probably put her in full panic mode something she should not even think of doing if by chance law enforcement is watching her this will give them the green light to move in because it looks like shes trying to dispose of evidence which if shes within the law doesn't need to happen.

 

Keep your animals in your bedroom for the next few days i doubt you will have any probloms if they were pricks it would have already happened once they were allowed entry to your home.

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Well at least you kept your cool and were appropriately cooperative with the nice police officer. :rolleyes:

 

I am sure you did not do what I (or any lawyer) would have recommended. On the other hand you definitely would have been taken to jail that night if you had not cooperated. :notfair: It's all about your goals- do you want to fight for your rights and really do the right thing or do you want to lay low and stay out of jail?

 

The cops can claim the law is unclear, blah, blah. They can charge you with operating a motor vehicle in the presence of marijuana as I have seen elsewhere on these boards. They charge you, and you bring up the defense- in court. Meanwhile, you rot in jail all weekend if they decide to come calling on Friday afternoon.

 

The law gives you a defense to the charge once you get in front of a judge- it is not a defense to being harassed, arrested, charged, booked, etc. by LEO. In my opinion a lawyer can do nothing for you because the cops did nothing wrong. You consented to the search. You can claim the search was non-consensual but, after all, nothing illegal was found in your house so there are no damages.

 

If you are worried about the Nazis breaking down your door later perhaps you can call the nice police officer who was playing the good cop this time and make sure there is not still an investigation and that he has your phone number (cops with your phone number are more likely to call you than they are to send in the SWAT team). :sword:

 

Good luck!

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You've allowed your rights to be violated in about half a dozen ways. First off, you had no illegal substances with you as you may legally carry up to 2 1/2 oz. on you. So admitting to having cannabis on you was not called for. Then you allowed a search of your person without probable cause. Next time tell them to prove that you are DUI. If you pass the field sobriety test they can go no further without finding roaches in the ashtray or see some indication that you have something in the immediate area, like a pipe or a baggie of meds. Always use the words "I do not consent to a search" and "Am I free to go officer?" And finally, as has been said, no officer can enter your home EVER without that search warrant. They do not have the right to inspect to see if you are in compliance with the law.

 

caregiverlawyer...you really take the cake...really have to question your veracity...Poor Brandy was scared enough as it is without you punking her...what a buffoon.

 

Everything should be fine...just make absolutely sure that you are in compliance with the law, but do call a lawyer at your earliest convenience and get their take on this...

 

Peace...j.b.

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wow you found a liar! Cops can lie to manipulate you to give up your rights. That is a Supreme Court Decision that basically says in any transaction with LEO you cannot trust ANYTHING THEY SAY. You should have immediately informed this ignorant corrupt scumbag FASCIST that you will not allow him to follow you. You should have had him get his sargeant on the radio which would have been easy. MOST COPS ARE BULLYING COWARDS when they have us civilians alone and vulnerable. Arm yourself with their knowledge and take control. When you were pulled over the first thing out of your mouth should be "WHY HAVE YOU PULLED ME OVER OFFICER, I HAVE DONE NOTHING TO WARRANT YOU ATTENTION. then shut up and answer NO QUESTIONS other than to provide Identification. NO COOPERATION WITH FASCISTS.

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Justbudz, try to imagine if you received a knock on your door because, for example protective services has come a calling.

 

Now you KNOW your not a child abuser so is it appropriate to tell the workers to go flower themselves? Or do you smile politely, acknowledge there power, work with them and show that everything in your house is legal?

 

Sure you have rights, blah, blah. Sure you can exercise them. I am just pointing out that exercising your rights- i.e. throwing YOUR weight around- can tinkle off the wrong people. :growl: I don't think her goal was to accomplish political change here but just to keep out of the hooch.

 

I am NOT saying this was done right but the goal was accomplished. :goodjob:

 

Also, when you say things like a cop can NEVER enter your home sans a warrant you are wrong. Plain view, exigent circumstances, hot pursuit, even simple probable cause gives them a right of entry if they can show a likelihood that evidence could be destroyed during the delay it takes to get a warrant. Did they have probable cause here? Not a chance. Could they have arrested her and held her, perhaps for days, until a judge figured it out? Bet on it.

 

My advice to call the nice police officer if you are still worried stands firm. My advice that a lawyer will/can do nothing for you is also firm based on the information you provided. I do agree however there is most likely nothing at all to worry about:thumbsu: and my thoughts were to relieve your anxiety and certainly not to "punk" you.

 

If you do make that call, remember whose side the cop is on (hint: it is NOT your side!).

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Justbudz, try to imagine if you received a knock on your door because, for example protective services has come a calling.

 

Now you KNOW your not a child abuser so is it appropriate to tell the workers to go flower themselves? Or do you smile politely, acknowledge there power, work with them and show that everything in your house is legal?

 

Sure you have rights, blah, blah. Sure you can exercise them. I am just pointing out that exercising your rights- i.e. throwing YOUR weight around- can tinkle off the wrong people. :growl: I don't think her goal was to accomplish political change here but just to keep out of the hooch.

 

I am NOT saying this was done right but the goal was accomplished. :goodjob:

 

Also, when you say things like a cop can NEVER enter your home sans a warrant you are wrong. Plain view, exigent circumstances, hot pursuit, even simple probable cause gives them a right of entry if they can show a likelihood that evidence could be destroyed during the delay it takes to get a warrant. Did they have probable cause here? Not a chance. Could they have arrested her and held her, perhaps for days, until a judge figured it out? Bet on it.

 

My advice to call the nice police officer if you are still worried stands firm. My advice that a lawyer will/can do nothing for you is also firm based on the information you provided. I do agree however there is most likely nothing at all to worry about:thumbsu: and my thoughts were to relieve your anxiety and certainly not to "punk" you.

 

If you do make that call, remember whose side the cop is on (hint: it is NOT your side!).

an arrest was out of the question. This was just plain harassment intended to increase the fear and keep people ignorant of a very basic fact. CANNABIS CURES

 

We do walk a fine line.

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