State Police Pulls Over Medical Marijuana Patient With Video

[ozzrokk]

Yea Doc. I edited because it didnt come out the way I meant the first time as you can see.......

 

I do not agree King I do not think the officer was right about many things he tried to say about the law. I do agree that he was polite and not a dickkk like some would be but he was way wrong on many of the points about the law]\\

 

Celli...... Sorry I missed your sarcasm..... My bad.....

[Celliach]

Not a prob!

[ozzrokk]

And I agree trying to have a discussion with alot of police officers is pointless when you are trying to educate them on something they THINK they know about...... Or for anything really..... It usually only makes their ego puff up that much more........ As if that is even possible.?.?.?????

[Celliach]

You're better off just smiling and keeping your mouth shut.

[Kingdiamond]

Not saying what he did was right just saying compared to some of the other horror storys in the state involving patients he was at least cordial as far as cops go my buddy just had his car ripped apart on Friday night in Monroe after presenting his  card to a state cop on telegraph road he had no medicine on him but just came out of his garden smelling of fresh bud and heading to a local grow shop after making him look like a cartel member he let him go and he drove away .

[bobandtorey]

People v Brown

Published Opinion of the Court of Appeals, __ Mich App __ (2012)

This case addressed the probable cause analysis in light of the MMMA. Here, the defendant’s former roommate contacted and informed police that he saw grow lights, ventilation fans, and small marihuana plants growing their residence. The officers conducted trash pulls from the house and found marihuana.

The officer included those facts in a search warrant affidavit. The affidavit did not contain any statement as to whether the defendant was a medical marijuana patient. The search warrant was approved and the search was executed. Officers found 8 marijuana plants and 2 grams of marijuana.

The defendant filed a motion to dismiss and for a evidentiary hearing. Defendant argued the facts included in the affidavit failed to establish probable cause that a crime was committed because the MMMA made it legal to possess and grow certain amounts of marijuana.

The trial court agreed and found the affidavit did not contain sufficient facts to establish probable cause. Specifically, the trial court found that due to the MMMA’s passage, the search warrant affidavit had to provide specific facts that the possession of the marijuana alleged in the affidavit was not legal under the MMMA.

However, despite that ruling, the court found that the evidence should not be suppressed based on the good-faith exception to the exclusionary rule.

On appeal, the Court of Appeals affirmed the trial court, but for a different reason. Specifically, the appellate court found the facts in the affidavit established the necessary probable cause, despite the passage of the MMMA. Contrary to the trial court’s conclusion, the appellate court found the MMMA did not make the possession or cultivation of marijuana “legal.” Instead, the found that any possession of marijuana continues to violate the Public Health Code and is indicative of a criminal act sufficient for a probable cause finding. The court held:

 

 Thus, we conclude that to establish probable cause, a search-warrant affidavit need not provide facts from which a magistrate could conclude that a suspect’s marijuana-related activities are specifically not legal under the MMMA.

http://www.onmedicalmarijuana.com/people-v-brown/

[Northern Lab]

So any time a law enforcement official "smells" marijuana during an interaction with a cardholder in a vehicle, the officer has the right to search the vehicle?

 

No. NEVER consent to a search, but do not physically resist.

 

The tape was interesting to me.  

 

What would be justified due to the smell of marijuana would be to have probable cause the driver was under the influence, resulting in a road side test or even a blood draw.

 

Smelling marijuana in a card holding patient is NOT probable cause to believe there was an illegal AMOUNT of marijuana in the car giving probable cause for a search.  Does 1 oz smell differently than 3 ounces?  Where is probable cause the law is being broken, prompting the search of the car?

 

Dr. Bob

 

Exactly.

[ozzrokk]

Not saying what he did was right just saying compared to some of the other horror storys in the state involving patients he was at least cordial as far as cops go my buddy just had his car ripped apart on Friday night in Monroe after presenting his  card to a state cop on telegraph road he had no medicine on him but just came out of his garden smelling of fresh bud and heading to a local grow shop after making him look like a cartel member he let him go and he drove away .

 

 

I agree with that. They get more and more pissed when they cant find anything.........and when they got to let you go after that they are really pissed. I have experienced it myself.

 

The point I was making was on the things said by the cop like under the card you HAVE to show me the marijuana........ Where did he even get that from. But I agree on how polite and willing to at least honor some of the basics of the law. And when he was trying to describe usable marijuana....... Sounds just like someone trying to make up terms to describe something they have no clue of.......... uhhhh uhhhhh uhhhh when it is in the ready state uhhhh uhhhhh..... hahahahahaha

 

 

Edited to add but I again should give the guy some props for at least honoring some of the law and not being a big dikkkk.

Edited July 12, 2013 by ozzrokk

[phaquetoo]

I'm not sure that I heard anything out of the ordinary on this audio recording.  The officer did search the vehicle in the end, didn't he?  What was the point of posting this?  I honestly don't get it as the person pulled over didn't do anything to keep himself from being searched.  It's just a recording of someone giving a cop a hard time while the cop continued to do "his job."

The point was....dont just give them permission to search your vehicle, If you are doing nothing wrong stand your ground, I would beleive bob posted this as a learning tool for others this may happen to,,,,and his attny was on the phone dude, turn up your hearing aid celli lol!

 

Even if the guy was well within his numbers who cares, why let leo search on a probable cause?  they can take their probable cause and stick it up their arse! leo can use probable cause when ever they want by simply saying something cuaght thier eye or nose!!!!

 

Not kewl to hang the messenger!

 

Peace

Jim

 

p.s my offer is still open to meet you this weekend lol!

[pic book]

i dialed up our attorney once at 4;30 AM and he took my call

the law firm i use has an atty night shift so an atty always answers the phone.

one did last night at 2 am.

[phaquetoo]

No I wrote "his job" in parentheses because I was being sarcastic.  I'm sure he thinks it was "his job" to hassle the person on the audio.  

 

I just don't see the point of posting it since the guy being a smarta$$ with the cop didn't accomplish anything.  He still got searched, and arrested from what I understand.  It's not a good example of how to act in my opinion.  He would have been better getting out of the vehicle as soon as he was pulled over and locked all the doors.  That way the LEO wouldn't have the chance to smell anything, and would need a warrant to get into the locked vehicle.

Instead of being a smarta$$, he would have been better off keeping his mouth completely shut and not saying anything.  

 

Actually, I think this is a pretty good example of how not to act in a traffic stop.

you had it right on the lock the doors upon leaving,,,,,,but most times ive been pulled over, when i got out of the car or tried to before they got to me, i was told over the loud speaker to stay in the vehicle!!!

 

Peace

Jim

 

This should not even be an issue,,,,I will send you some funds for your commisary when you do it your way!

[bobandtorey]

the MMMA did not make the possession or cultivation of marijuana “legal.” Instead, they found that any possession of marijuana continues to violate the Public Health Code

 

How else can someone say this it's  plain as day

Edited July 12, 2013 by bobandtorey

[phaquetoo]

the law firm i use has an atty night shift so an atty always answers the phone.

one did last night at 2 am.

 

I have all of my attnys office, cell, and home phone numbers and have called them at any time of night and day,  If your attny does not want you to have access to them other than the office, get rid of em!

 

Peace

Jim

[Celliach]

you had it right on the lock the doors upon leaving,,,,,,but most times ive been pulled over, when i got out of the car or tried to before they got to me, i was told over the loud speaker to stay in the vehicle!!!

 

Peace

Jim

 

This should not even be an issue,,,,I will send you some funds for your commisary when you do it your way!

 

I have been too, but I still get out and off the road way.  I was once pulled over right in front of my house and started walking in to the house acting as if they weren't even there.

[phaquetoo]

I have been too, but I still get out and off the road way.  I was once pulled over right in front of my house and started walking in to the house acting as if they weren't even there.

we have alot in common my friend lol, been there done that also, thinking ah im home they

cant do poo poo!  lmao

 

Peace

Jim

[Celliach]

I don't give them a hard time, but I don't give them anything more than my name, rank and serial number.

[phaquetoo]

That works cell!

[CedarSpringsCG]

I swear at one time the law said that there was an assumption of innocence when you have a card?  I can't find it anywhere, and looking at the edits of the last 3 amendments I wonder if they took it out because it made it too easy to get out of a stop like this.

 

Anyway, I think this video is great as it shows you what you should do on a stop.  Be polite, refuse a search, call your attorney, and most of all, know your law.

 

Cedar

[CedarSpringsCG]

Found it, 4.d.2, they did change it.  However it wasn't as encompassing as I thought. I wish I had a copy of the law before changes...

 

We need to get a MMJ patient elected...  Hell I am about to run so I can talk some sense into these people.

[Celliach]

I swear at one time the law said that there was an assumption of innocence when you have a card?  I can't find it anywhere, and looking at the edits of the last 3 amendments I wonder if they took it out because it made it too easy to get out of a stop like this.

 

Anyway, I think this video is great as it shows you what you should do on a stop.  Be polite, refuse a search, call your attorney, and most of all, know your law.

 

Cedar

 

I disagree, that video shows you exactly what NOT to do.  Asking the cop about who judges what "usable MMJ" is...really?  All he's doing is givng the guy a hard time and incriminating himself even more.  Never, ever talk to the police more than you have to. (Name, rank, serial number.)

 

Here's a video to watch that explains why you should never, ever say more to the police than absolutely necessary.  http://www.youtube.com/watch?v=6wXkI4t7nuc

[Chauncy Gardner]

I don't know Danny Trevino, but if this is him I have to say that whatever he is doing it must be right because he has apparently been to court 6 times and has won every time. I would think that a record like that would sort of bump up the confidence level and make one feel immune from prosecution.

 

I respect anyone who walks into the lion's den and practically dares them to try something. If we all did this, I would think that the MMMA "problems" would be straightened out sooner rather than later.

[Celliach]

I don't know Danny Trevino, but if this is him I have to say that whatever he is doing it must be right because he has apparently been to court 6 times and has won every time. I would think that a record like that would sort of bump up the confidence level and make one feel immune from prosecution.

 

I respect anyone who walks into the lion's den and practically dares them to try something. If we all did this, I would think that the MMMA "problems" would be straightened out sooner rather than later.

 

Probably, but a bunch of the people pushing it will end up in jail, like Ryan Basore.  Is it better to safely move forward, or to speed things up and let people go to jail?

[Kingdiamond]

Keep poking that big dog with a stick your a$$ is gonna get bit.

[abe supercro]

Pic 2:00am call to counsel...really. just a dry run)( fortunately. good answers to good Q's. stay kool

 

*

 

I have been too, but I still get out and off the road way. I was once pulled over right in front of my house and started walking in to the house acting as if they weren't even there.

this comment got me to recollect a somewhat dicey theater parking lot, 1 minute, pseudo-interview from the wayybackk machine. teen late for a movie (ohno) never parked camaro sofast. talk about grey area and powerwalking w purpose.

[bobandtorey]

Keep poking that big dog with a stick your rectum is gonna get bit.

LOL so true