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

[bobandtorey]

Why won't they need a warrant?

Thanks for the reply

 

I am no Lawyer but sometimes i do play one here 

 

This is only my opinion if someone is out on bond Leo does come back most of the time its why they leave all the grow lights knowing you will state back up 

[bobandtorey]

You obviously didn't watch the video.

I have reached my quota of positive votes for the day

[FranksHotPeppersAndMarijuana]

Watching the video isn't relevant. They can't come back and for no reason enter his house just because he is on bond.

[Restorium2]

Watching the video isn't relevant. They can't come back and for no reason enter his house just because he is on bond.

If you had watched the video you wouldn't be so clueless. That's what I meant. The questions you ask are answered by the video. Unless you consider reality not relevant?

[Rory Larkey]

My house is clean. I have a caregiver (different location)
I would still make them get a warrant cause I am a U.S. citizen.
They would have to have probable cause.
They have none.
That's just how it works.

 

Even if I smelled like pot.
Even if I have an incidental amount of roots and stalks.
Or an amount of marijuana leaves under 2.5 in my possession.
Not enough to get a legal search warrant.
 

We will see Friday.
If what we are allowed is allowed.

Edited August 6, 2014 by Rory Larkey

[FranksHotPeppersAndMarijuana]

Restorium2 I watched the video. I asked why they wouldn't need a warrant. The video doesn't answer that. If it was being said tongue-in-cheek then fine but I didn't catch any humor injected. The video doesn't explain why cops wouldn't need a warrant. Restorium2 you really have a chip on your shoulder.

[MiMedical]

Bond or not, a warrant will always be required... Just because someone's on bond doesn't mean the cops can walk in and watch your t.v while your cooking dinner... Don't answer your door.

[Restorium2]

Restorium2 I watched the video. I asked why they wouldn't need a warrant. The video doesn't answer that. If it was being said tongue-in-cheek then fine but I didn't catch any humor injected. The video doesn't explain why cops wouldn't need a warrant. Restorium2 you really have a chip on your shoulder.

It was in plain view.

[Restorium2]

Bond or not, a warrant will always be required... Just because someone's on bond doesn't mean the cops can walk in and watch your t.v while your cooking dinner... Don't answer your door.

He was in the process of moving out of a rented house. That might be a factor. Specifics are important.

[bobandtorey]

Bond or not, a warrant will always be required... Just because someone's on bond doesn't mean the cops can walk in and watch your t.v while your cooking dinner... Don't answer your door.

Thanks

 

A  warrant may be required  and i am no Lawyer but if anyone thinks they have too get one or they can fight it in Court good luck with that this is a Police State this isn't Mayberry and Andy isn't the sheriff

[Rory Larkey]

Talked to my COA today showed him the video.
He said this will actually be fun for him.
Said Deputy HOMMINGA is a veteran officer and should have known better.
Said he was going to question the officers of the creditability of the anonymous tipster.
Said they had no right to look into my burn pit.
Said he would file a motion to quash the illegal search warrant.

 

Said knock and talks usually work in most cases for the officers.
They do these knock and talks after receiving tip.
If the person allows them to check for compliance.
It didn't work for them this time.
My attorney told me I did good by saying what I did and not allowing them inside.

 

I told him that I know they know me now. I want this to set things straight. I want them to know it's OK for me to smell like marijuana.
I want them to see me while on patrol, on my porch smoking a marijuana cigarette, and look at me wave and drive by.

He laughed with me and said they know me now, but as long as legal should be no worry. I said that's my point.

Edited August 7, 2014 by Rory Larkey

[Restorium2]

Said they had no right to look into my burn pit.

Really? That's a surprise to me. It's right out there in public view with no fence or anything. Cops can't look at your firepit. hmm

[Restorium2]

I want them to see me while on patrol, on my porch smoking a marijuana cigarette, and look at me wave and drive by.

I could have sworn you said you were moving when all this happened. You must not have moved far? Or changed your mind about moving?

[cristinew]

They can look from the road,, they cannot trespass.

[Restorium2]

They can look from the road,, they cannot trespass.

Cops must have different rules in my area. They march right up there and take a look. They are not timid little mice. They take charge and walk around your property if they want to. You are saying that is illegal? I know all it takes is someone complaining about the smell of your fire and it will be checked into. The township told me that. They can see if what you are burning is legal to burn.

[Rory Larkey]

what I want and what I have are two different things.
where I live is no business of yours.

[Restorium2]

what I want and what I have are two different things.

BOOM.

[bobandtorey]

Thanks again Rory for the update

 

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

[Rory Larkey]

I think what my lawyer meant by saying the knock and talk usually works to the police advantage. When most people let them check for compliance.
Since I remained in control of the situation and said all the right things.
I was no timid mouse either. I stood strong and refused to let them in.
Now I have a fighting chance.

[Restorium2]

I think what my lawyer meant by saying the knock and talk usually works to the police advantage. When most people let them check for compliance.

Since I remained in control of the situation and said all the right things.

I was no timid mouse either. I stood strong and refused to let them in.

Now I have a fighting chance.

Good job Rory. You are a great example. If you could have gotten it all burned up without the neighbors complaining to the cops this wouldn't have ever happened.

[Rory Larkey]

that case explains what happened when the person did not have a card on him.
I did however

[bobandtorey]

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:

[Rory Larkey]

Seems as if the system is set up to protect everyone on the States side.
1. Police can get the prosecutor to endorse warrant.  Cop is in the clear.
2. Prosecutor gets magistrate to sign.  Prosecutor is in the clear.
3. State sets up a probable cause hearing, District Judge finds no probable cause.  Magistrate is in the clear.
4. District Judge sends it to Circuit Court Judge for review.  District Judge is in the clear.
5.Case dismissed.
The Circuit Judge did no wrong 
It seems...

Edited August 7, 2014 by Rory Larkey

[+Malamute]

Welcome to the jungle my friend....

[MiMedical]

Welcome to the jungle my friend....

No kidding... My wife and I have our sec8 next week, then trial for the next two days if it's not dismissed... Or adjourned again, after almost two years of court poop..