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

[Rory Larkey]

MCL 780.653

Magistrates findings of reasonable or probable cause , basis of findings; basis and contents of affidavit.
 

Sec.3

The magistrates findings of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her. The affidavit may be based upon information supplied to the complainant by a named or unnamed person if the affidavit contains one of the following:

 

(a) if the person is named, affirmative allegations from which the magistrate may conclude that the person spoke with personal knowledge of the information.

 

(b) if the person is unnamed, affirmative allegations from which the magistrate may conclude that the person spoke with personal knowledge of the information and either that the unnamed person is credible or that the information is reliable.

 

 

No wonder my lawyer isn't talking much about sec. 8 or sec.4 defenses.
He's concentrating on the search.
They had no right and they knew better.
My lawyer is running for 37th Circuit Court Judge and once was a Calhoun Chief Assistant Prosecutor 8 years.  He knows these cops and said oh yeah that's what you do, huh? when I asked the cops why they were harassing me. They said "That's what we do"

 

I am thinking my attorney got appointed to me and has me only? He is otherwise running for judge and lobbying?

He said he's going to have fun with this case.

 

[t-pain]

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..

 

flower yeah man. we're with you in spirit. justice for all

[bobandtorey]

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..

Good luck to you both two years is a long time and you guys must be stressed out to the max i know how you feel it was almost 5 years for us 

[GregS]

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:

We've heard the rest of the story. You dropped your Supreme Court appeal and took a plea. Thanks, however, for this friendly reminder.

[Wild Bill]

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...

 

[Rory Larkey]

Went to the preliminary hearing today

My attorney said they can't proceed today cause one of the witness didn't show up

I asked who? He said deputy Hommingas

I asked if this is some BS he said I have choice to ask for a dismissal cause they had 14 days for the hearing but if I do they can just refile the charges and arrest me again or I can request an adjournment and could take couple weeks but it will be just like was supposed to be today once again but I'll get my hearing.

When I went out to my car I spotted deputy Owen and deputy Homminga in parking lot I inquired what happened they said Homminga didn't show up but there he is what they say to you

Deputy Owen said the judge only said he was canceling it

Edited August 9, 2014 by Rory Larkey

[bobandtorey]

Went to the preliminary hearing today

My attorney said they can't proceed today cause one of the witness didn't show up

I asked who? He said deputy Hommingas

I asked if this is some BS he said I have choice to ask for a dismissal cause they had 14 days for the hearing but if I do they can just refile the charges and arrest me again or I can request an adjournment and could take couple weeks but it will be just like was supposed to be today once again but I'll get my hearing.

When I went out to my car I spotted deputy Owen and deputy Homminga in parking lot I inquired what happened they said Homminga didn't show up but there he is what they say to you

Deputy Owen said the judge only said he was canceling it

LOL 

 

Am so sorry just more of the same to wear you down 

[+Malamute]

Welcome to the Jungle....

 

 Figured I might as well say it again.

 

 Don't leave partially burned stuff in your fire pit ,boys and girls, unless ya want to end up like our friend here. Win or not,... what a pain in the asss.!!!

[ozzrokk]

Sounds crooked to me ................ Imagine that.................

[MiMedical]

Stupid legal system... What a crock, even if a "witness" didn't make it, but was served a subpoena and failed to show, shouldn't they be charged?? Or is it because it was a cop and their above the law... Perhaps if the judge did want to just cancel it for the time being, shouldn't your lawyer know the truth? Man I hate this cracked out cops and courts, so sick of it.

[FranksHotPeppersAndMarijuana]

Witnesses aren't charged with failing to appear on a subpoena when there is good cause. Doesn't matter if it is a cop or a granny with a flat tire.

[+Malamute]

I'd be interested to see if the officer was paid for being there that day for your court date.

[FranksHotPeppersAndMarijuana]

I don't think he can be paid witness fees if he is on duty.

[ozzrokk]

Witnesses aren't charged with failing to appear on a subpoena when there is good cause. Doesn't matter if it is a cop or a granny with a flat tire.

 

 

Even if they are standing in the parking lot? lol\

 

Very interesting indeed Mal.

[FranksHotPeppersAndMarijuana]

I have a feeling he was in the lot because he headed over as soon as he could but was too late.

[ozzrokk]

I have a feeling he was in the lot because he headed over as soon as he could but was too late.

 

 

Like I said sounds crooked to me...............

[ozzrokk]

You can draw a straight line but if you do it on crooked paper it will still come out crooked..............

[FranksHotPeppersAndMarijuana]

Yes I don't know of course just a guess. They say that putting off a criminal case hurts the prosecution more than anyone because of witness memory. But I don't know.

[bobandtorey]

Witness memory ?

 

​Leo has it handed too them on the stand its called a police report but me or you would have to remember what is said and thats where the prosecutor tricks most 

[FranksHotPeppersAndMarijuana]

Yes but reading their report doesn't help them when it comes to remembering the small things they say to you. There's a lot of stuff that doesn't make it into a report. It isn't a play by play.

[bobandtorey]

Thanks again

 

Leo and i mean all Leo's have what is called a tape recorder  and even thing is recored when they raid someone

Edited August 10, 2014 by bobandtorey

[MiMedical]

I believe video/audio is legal but not just audio with out consent.... Or was that just in the movies.

[FranksHotPeppersAndMarijuana]

No consent necessary.

[slipstar059]

 

To be honest I don't know how they can use these unreliable field tests to get warrants. If they want to give someone PTSD (from swat raids), than they really need to have better intel. They waited over 7 months to raid the people in the story, so they obviously had time to do it right. The only reason I posted it here was the relevancy of the field test.

[FranksHotPeppersAndMarijuana]

I question whether there ever really was a positive test to begin with regardless of how reliable the test was. This disgusts me. I'm glad it was on the news and I am glad the father called the low life standing over him with the gun a GOON. Let the community see what is really going on. These cops all want to be heros but to who? Their fellow goons is about it.