Entrapment?

[dlor]

Hi, I live in a small town. I have a good friend who has been supplying the town with medical marijuana, strictly to card holders. In the mix of this, he was also helping many many people get certified, and had official documents and all the paper work from the certified people in his place of business. Last week, the Fed Ex man, who was really a police officer, delivered a package to his house with a different name on it. He stated about 3-5 times that the package was not his, but the driver, (LEO), told him he needs to take it to the post office himself with a return to sender. They basically forced the package on him. After he brought it in the house, moments later the local narcotics team raided his house & his business. They didn't really take anything from his home, but they took one plant, and all the medical marijuana paperwork from his business. He has not been charged yet, but he is an older man and nervous to go to jail, or prison and loose everything. The package is suspected to have 3 lbs in it. If they somehow do prove that it is his, does anyone know what kind of charge he will be looking at? are they in violation for taking paper work? Any information will help! thank you much

 

Sincerely,

D. Lorenz

[lawyercaregiver]

Hi, I live in a small town. I have a good friend who has been supplying the town with medical marijuana, strictly to card holders. In the mix of this, he was also helping many many people get certified, and had official documents and all the paper work from the certified people in his place of business. Last week, the Fed Ex man, who was really a police officer, delivered a package to his house with a different name on it. He stated about 3-5 times that the package was not his, but the driver, (LEO), told him he needs to take it to the post office himself with a return to sender. They basically forced the package on him. After he brought it in the house, moments later the local narcotics team raided his house & his business. They didn't really take anything from his home, but they took one plant, and all the medical marijuana paperwork from his business. He has not been charged yet, but he is an older man and nervous to go to jail, or prison and loose everything. The package is suspected to have 3 lbs in it. If they somehow do prove that it is his, does anyone know what kind of charge he will be looking at? are they in violation for taking paper work? Any information will help! thank you much

 

Sincerely,

D. Lorenz

 

The Fed Ex man told him to take it to the post office? This does not sound like accurate information, a reliable story, or a valid question.

 

I am also not aware that a medical marijuana patient or caregiver can possess 3 pounds of product so what exactly is the question?

 

Are you serious that the cops were able to find his meticulous business records. Just laying around the house I suppose?

 

On the off chance this is a legitimate question, possession with intent to deliver is a felony. Any amount he possessed over his maximum allowed amount is illegal. The paperwork to show felony delivery has apparently been found.

 

He can assert the section 8 affirmative defense in the MMM Act assuming he can show that he only sold to patient but God only knows what a court will do with this.

[lawyercaregiver]

Also, in regard to the title, the procedure you describe is STANDARD OPERATING PROCEDURE for any narcotics task force. It is called a 'controlled buy.'

 

According to your story he didn't buy and did not accept the "Fed Ex" package so theoretically the subsequent search of the house could be fruit of the poisonous tree and invalidated.

[Kingdiamond]

Sounds funny to me in this day and age fed ex tells me i HAVE to take a package im not expecting im slamming my door in their face period.

[peanutbutter]

Also, in regard to the title, the procedure you describe is STANDARD OPERATING PROCEDURE for any narcotics task force. It is called a 'controlled buy.'

 

According to your story he didn't buy and did not accept the "Fed Ex" package so theoretically the subsequent search of the house could be fruit of the poisonous tree and invalidated.

 

So you are saying that the SOP for leo is to walk up and hand you several pounds and then arrest you for having it? In spite of telling them you don't want it?

 

The officer told the citizen he didn't have the right to refuse it.

 

Why bother handing over the package? The leo could just keep it in the car and say the citizen thought about it. Wouldn't that be enough for a felony conviction? Given the system you claim is SOP.

[LITLJON]

Sounds funny to me in this day and age fed ex tells me i HAVE to take a package im not expecting im slamming my door in their face period.

Really is this for real; is LEO that desperate, or was it really for him and didn't recognize the Fed-x driver said it wasn't his, or a mere coincident that someone other than him had it sent it ther a drug dealer maybe.??

Just asking.

[dlor]

Really is this for real; is LEO that desperate, or was it really for him and didn't recognize the Fed-x driver said it wasn't his, or a mere coincident that someone other than him had it sent it ther a drug dealer maybe.??

Just asking.

 

thank you for your responses. They have no counts of delivery on him, they just have whatever was in the box. The paperwork that they took from his business belonged to all his patients, and other caregivers / their patients in the area. all the documents that are suppose to be kept confidential, were took.

 

i'm really not sure what is going to happen but it's been over a week and no charges yet. Lawyer said he has nothing to worry about, but he is stressed out. The package was delivered to his home, forced in his hands even tho it had a different name on it. he wrote down the "fed-ex" drivers name, and phone number, and it is a police officer he later found out after the raid.

 

i just dont understand how this can be done? I guess i know most of the marijuana laws, but what laws will this fall under? he has 5 patients himself, so hes good for a little bit.

 

Thanks again for your responses.

 

Sincerely,

D. Lorenz

[rockinlespaul]

3 lbs? Something will happen. I'd give Matt a call...

[bobandtorey]

thank you for your responses. They have no counts of delivery on him, they just have whatever was in the box. The paperwork that they took from his business belonged to all his patients, and other caregivers / their patients in the area. all the documents that are suppose to be kept confidential, were took.

 

i'm really not sure what is going to happen but it's been over a week and no charges yet. Lawyer said he has nothing to worry about, but he is stressed out. The package was delivered to his home, forced in his hands even tho it had a different name on it. he wrote down the "fed-ex" drivers name, and phone number, and it is a police officer he later found out after the raid.

 

i just don't understand how this can be done? I guess i know most of the marijuana laws, but what laws will this fall under? he has 5 patients himself, so hes good for a little bit.

 

Thanks again for your responses.

 

Sincerely,

D. Lorenz

Am sorry about what happen to him it takes longer then just a few weeks for the charger's to come down some people had charger's after 1 year of their raid

Lawyer said he has nothing to worry about----------------------------- all Lawyers tell you that it's their job after you pay them of course

[garyfisher]

Did he sign for it?

[Michael Komorn]

These facts sound exact to an over 650 grams of cocaine trial i did in Frank Murphy Hall of Justice a few years back, jury verdict not guilty. Government has to prove that defendant knew what it was, ie stolen property, mj, heroin, cocaine or whatever, each has a different penalty. Governments duty to prove each element beyond a reasonable doubt, that means all elements, including what substance the accused was possessing with the intent to deliver. Possibly entrapment motions prior to trial. Entrapment is not a jury issue. I presume that every part of the police report will be slanted to suggested the accused admitted, and acknowledged ownership of the package. Also at issue will be the origination of the package, signatures, names etc.. and the Police are lying defense will be part of the activity as it is in EVERY SINGLE NARCOTIC case. Good Luck

[LITLJON]

thank you for your responses. They have no counts of delivery on him, they just have whatever was in the box. The paperwork that they took from his business belonged to all his patients, and other caregivers / their patients in the area. all the documents that are suppose to be kept confidential, were took.

 

i'm really not sure what is going to happen but it's been over a week and no charges yet. Lawyer said he has nothing to worry about, but he is stressed out. The package was delivered to his home, forced in his hands even tho it had a different name on it. he wrote down the "fed-ex" drivers name, and phone number, and it is a police officer he later found out after the raid.

 

i just dont understand how this can be done? I guess i know most of the marijuana laws, but what laws will this fall under? he has 5 patients himself, so hes good for a little bit.

 

Thanks again for your responses.

 

Sincerely,

D. Lorenz

I would also be curios to know what the warrent had to say if you know.?