Taking Down Flushing's Ordinance

[Dr. Bob]

That is what I recommended to her.  Where it gets interesting is whether law enforcement MUST compensate for property seized in violation of section 4 and not returned due to the CSA.  Might make them think twice about seizing things where there is reasonable belief the possession is legal.  Or turns out to be legal.

 

Dr. Bob

Edited March 24, 2013 by Dr. Bob

[SFC]

I would think she could file a claim for the value of her property if they refuse to return it. I would also suggest to her that if her boyfriend is having the cops come to her house and pick him up she may want to consider playing the field. Ain't nobody got time for that!

Edited March 24, 2013 by SFC

[+Malamute]

Heh.

 

 Yes, i would assume you could sue for cost since they(police) should not possess it. In this case it is odd being that she wasnt present with a card.

 

*shrug*

 

Attorney material.

 

Worth $300?

 

Maybe personally and to make a point... :-)

[Dr. Bob]

The best part about it was that it was in her underwear draw.  Clearly there was a strong indication that made it hers, not his.  And she had a card but was not home.

 

How could it have been avoided?  Lock it up in a case.  Put your name on it.  You have the only key.

 

But if there are any lawyers out there interested in doing the suit, it is a good exercise and might make a difference to others and the community at large.

 

Dr. Bob

[Dr. Bob]

I would think she could file a claim for the value of her property if they refuse to return it. I would also suggest to her that if her boyfriend is having the cops come to her house and pick him up she may want to consider playing the field. Ain't nobody got time for that!

At the very least, they would have to defend it in small claims court.  Increases the hassle factor for taking patient marijuana.

[+Malamute]

The smell of marijuana should not constitute a crime in progress anymore in Michigan. :-)

 

At best i could see them asking if there is a patien tint he home.

 

*shrug*

[+Malamute]

Sheesh,... having space bar issues today.... My thumb must be twitchy. :-)

[GregS]

Can we all agree to escalate this as far as necessary, up to and including press contact and commitments to attend scheduled events and meetings?

[GregS]

For what it is worth, SFC, Resto, and I have come to a resolution that settles our differences. Thanks guys.

[GregS]

As a side note to these local yokels, I have a patient in Houghton that was at work when the police came to her house to arrest her boyfriend on an unrelated charge.  They claimed they smelled marijuana and went through the house.  They found one oz of marijuana in the woman's underware drawer.  They charged HIM with possession and seized the cannabis.  They then went to her place of work and questioned her, and she presented her card (they were bummed).  She tried to get what were clearly HER meds back and they refused, citing a possible distribution charge against them for giving them back.

 

What options does she have to retrieve her one ounce of meds?  Or if they refuse, can she bill them and collect the value of the medication?

 

Dr. Bob 

My advice is to cut her losses and move along. It will take immensely more resources to get it back that it will to replace it.

Edited March 25, 2013 by GregS

[GregS]

Locked and loaded and on the firing line.

[GregS]

Target acquired. Requesting permission to go in hot.

Edited March 27, 2013 by GregS

[GregS]

Commencing ingress. Weapons free.

 

Details will follow.

[GregS]

Fox one.

 

http://en.wikipedia.org/wiki/Fox_%28code_word%29

Edited April 2, 2013 by GregS

[GregS]

Abort! Repeat. Abort!

Edited April 4, 2013 by GregS

[t-pain]

only thing is to file suit.

if the cops arent giving stuff back without a fight, rely on the courts.

Edited April 5, 2013 by t-pain