Medical Marijuana Card Protects You From Prosecution, Not "discovery"

[FranksHotPeppersAndMarijuana]

From the video as I see it.  They can't conduct a search of your property (look in your burn pit) unless they can see it from outside your property or unless they can see it from the common area leading up to your door where someone would come and knock.  Could they see what was in the burn pit from any areas where they were allowed to be?  Even if they could see marijuana in the pit it seems like they would have to get a warrant to test it.  It seems like they wouldn't have tested it unless they couldn't tell that is was marijuana like if it was too burned or shredded or something.  If they say leaves it seems like they could tell the magistrate that and get the warrant but the magistrate asked for the test.  It also seems like even if it was marijuana that they couldn't get a warrant unless it put you over weight limits or unless there was a plant in the pit since the plant wasn't secured.

 

I think they can use hearsay when getting a warrant so that isn't going to get you anywhere.

 

Looks like the inventory list of what they seized is a lot of stuff.  Looks like you'd be over weight limit so you need to get the search thrown out.

[Rory Larkey]

Yes we are to be free from unreasonable searches.
They failed to get a weight of the leaves in the burn pit. (the field test should have been done with a scale for weight not a duquenois test to prove THC that I was allowed to have anyways)

 

I am careful enough to make sure there was less than my allotted amount in burn pit.(That's the law.) So even if they had taken a weight of the suspected marijuana in the burn pit, I would have been alright.  And I do have a video of what was in the burn pit. but that's a rabbit to pull out of my hat later if I must. otherwise I have no desire to show it off. it's a burn pit. (not so glamorous looking)
I aim to prove I had a right to do what I did. We all need a way to dispose of our waste without fear.

 Also there were less than 12 root cubes separated from stalks at stump area and the stalks as well.small hand full of those big fan type leaves that are pretty much useless. well under 2.5 oz.

[FranksHotPeppersAndMarijuana]

Good luck to you.  F them.  Fight the warrant hard now so you don't even have to go to a trial.

[bobandtorey]

Good luck to you.  F them.  Fight the warrant hard now so you don't even have to go to a trial.

 

 

Trial ? How many Trials where someone can use or say medical marihuana to a jury  have anyone heard of ? 

[bobandtorey]

Yes we are to be free from unreasonable searches.

They failed to get a weight of the leaves in the burn pit. (the field test should have been done with a scale for weight not a duquenois test to prove THC that I was allowed to have anyways)

 

I am careful enough to make sure there was less than my allotted amount in burn pit.(That's the law.) So even if they had taken a weight of the suspected marijuana in the burn pit, I would have been alright.  And I do have a video of what was in the burn pit. but that's a rabbit to pull out of my hat later if I must. otherwise I have no desire to show it off. it's a burn pit. (not so glamorous looking)

I aim to prove I had a right to do what I did. We all need a way to dispose of our waste without fear.

 Also there were less than 12 root cubes separated from stalks at stump area and the stalks as well.small hand full of those big fan type leaves that are pretty much useless. well under 2.5 oz.

 

 

Thanks for fighting the good fight for all of us and i'am sorry you have to do it

 

I am no Lawyer but  who will you show that video too ?

[Restorium2]

as well.small hand full of those big fan type leaves that are pretty much useless


You can't leave marijuana lying out in your OPEN yard like that. Any kid could have gotten it. I know you think leaves are harmless BUT a lot of folks do not understand that. You scared them to death. This was one of those times you messed up and the lack of communication in your neighborhood helped to have johnny law breathing down your neck. Technically they are in the right. If you push this you will just be the guy in front of the judge that left marijuana laying on the ground where anyone could have gotten it. No warrant needed to find the leaves on the ground. You failed to keep yourself in a position of strength to work from. Then you have people that don't like you. Then you have cops that want to mess with you.

[bobandtorey]

Even so and i don't agree with the way things went down and maybe if paying a great Lawyer you have a 50/50 chance just like the rest of us 

[Restorium2]

Even so and i don't agree with the way things went down and maybe if paying a great Lawyer you have a 50/50 chance just like the rest of us

I think that would depend on the 'plan' Bob. Throwing money at a bad plan doesn't help the outcome. Looking like a lazy marijuana grower who can't even tend their fire until it has all burned up doesn't paint a pretty picture of yourself or anyone like you. If I had the balls to burn my scraps in that open lot in town like that I would make sure the leaves were burned up. What he did doesn't bode well for us.

[Restorium2]

Yes we are to be free from unreasonable searches.

They failed to get a weight of the leaves in the burn pit. (the field test should have been done with a scale for weight not a duquenois test to prove THC that I was allowed to have anyways)

 

I am careful enough to make sure there was less than my allotted amount in burn pit.(That's the law.) So even if they had taken a weight of the suspected marijuana in the burn pit, I would have been alright.  And I do have a video of what was in the burn pit. but that's a rabbit to pull out of my hat later if I must. otherwise I have no desire to show it off. it's a burn pit. (not so glamorous looking)

I aim to prove I had a right to do what I did. We all need a way to dispose of our waste without fear.

 Also there were less than 12 root cubes separated from stalks at stump area and the stalks as well.small hand full of those big fan type leaves that are pretty much useless. well under 2.5 oz.

You took that video after the officers removed the leaves. What good is the video?

[Rory Larkey]

My court appointed attorney asked I prepare my probable cause defense for Fridays probable cause hearing.
This video is what I created. possession is 9/10 law? I had possession in my burn pit. Yet it was a legal amount. They forgot to take a weight and asked a judge to allow them to look for more. I think they failed to follow due process.
If Im expected to follow the law so are they. I will press the issue.......

[Rory Larkey]

no,  the leaves ARE in the video....
But do I have to show it to anyone?????     They left it ALL in the burn pit.

Only if it is needed will I show it, why violate my own 5th amendment rights.
I keep all my rights.

What contents were inside my burn pit was my business alone.
If they wanted to know the contents they should have gotten a warrant. or whatever.
I was allowed to have leaves on my property. up to 2.5 oz without concern.
I'm a legal patient who should not live in constant fear of police interaction of my medical use.

Edited August 4, 2014 by Rory Larkey

[+Malamute]

I wish the best Rory. Hopefully the Judge dismisses.

[Restorium2]

no the leaves are in the video....

But do I have to show it to anyone?????

 

only if it is needed, why violate my own 5th amendment. I keep all my rights.

What contents were inside my burn pit was my business alone. If they wanted to know the contents they should have gotten a warrant. or whatever I was allowed to have leaves on my property. up to 2.5 oz without concern. I'm a legal patient who should not live in constant fear of police interaction of my medical use.

Anyone can walk on your property, including neighbors and cops.

 

I know what roots balls smell like burning. You were moving away and thumbed your nose at the community you were leaving. You should have been more careful to burn it all up. What were you thinking?

[+Malamute]

I see the main issues as  Curtilage, Rebuttable presumption and Acting in good faith.

 

 Keep us updated rory.

[Restorium2]

I wish the best Rory. Hopefully the Judge dismisses.

Me too. But reality is calling Rory. He's posting in public to help the public, I hope. The most he can do here is show how bad of an example he is. He didn't do something that "We should be able to do." He did something that is easily avoidable and should not have happened.

[+Malamute]

I think he realizes he could have protected himself better.  He is fighting for warrant dismissal. Wish him luck.

[+Malamute]

Technicalities are as good as the truth in court. :-)

[Restorium2]

Good luck.

 

Does a warrant dismissal even cover what the cops picked up in his yard though? Are they even charging him for anything they got with the warrant?

[+Malamute]

Official Evidence(as shown) doesn't seem to show anything from the burn pit.  We will see.

[Rory Larkey]

How do you get rid of your un-usable roots and stalks? what about your fan leaves?
Are you one of those marijuana cultivators Officer Owen claims thru his training and experience. Sells all of your excessive amounts to dispensaries' for profit?

[+Malamute]

I mean, much of this issue falls around assumption to the patient with rebuttable presumption.  The cops will always attempt to presume the worst though. I hate that phrase in the law.

[Rory Larkey]

yeah, What burn pit ? LOL

[+Malamute]

He isn't Rory.

 

Rest is just saying, "How did ya leave roots and leaves unburned in the corner of your yard!

 

Which he is right,... oops,... bad idea for anyone even if they weren't; which I will fall to your side and say I see no evidence of anything in the pit.:-).

 

 Get that dismissal my friend.

[Restorium2]

How do you get rid of your un-usable roots and stalks? what about your fan leaves?

Are you one of those marijuana cultivators Officer Owen claims thru his training and experience. Sells all of your excessive amounts to dispensaries' for profit?

Never set foot in a dispensary. Never been on the camera that films everyone who does. Why do you ask?

 

I make sure no kids could easily grab a handful of leaves after I alert the whole neighborhood with the smell of burning roots balls. You practically made a bait pile.

[Restorium2]

I see no evidence of anything in the pit

Cops have cameras too. I bet they had fun taking pics of that pit. Now who has the ace in the hole?