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Mmmp Card Gives Consent To Search ?


Mtvardos

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Does my MMMP card give police the right to search either my person or vehicle ?

I was in northern Michigan this past weekend with the wife and kids,When I was pulled over for what the officer said was a call from 911 that I was swerving.

Upon reaching my vehicle the officer asked for the standard paperwork . When I opened my wallet he seen my MMMP card and ordered me out of the car.

He said I see you have a Marijuana card ? I said yes

"when was the last time you smoked "he asked

"yesterday I reply

"So where is it "he says

"Where's what "

"The weed"

I don't have any with me there is a dispensery up here.

He then reached into my pants pocket and began to search my person finding my pain meds and PHD Meds as I am a disabled Vet which is proudly displayed on my license plate.I have scripts for them just ask my wife.

So the officer opens my wife's door and says "where is it ?"

My wife says where's what ? "he says your card.!!

She told him what card ???

YOUR MARIJUANA CARD all loud and in front of my children.

"I don't have one I don't need one she tells him.

She didn't have the bottles the meds came in all we had was our day planers and I understand the laws say you have to have the bottle but WHY WAS I SEARCHED ???

Was this legal ? He now wants me to fax my scripts to him or he will issue a felony warrant .

PLEASE ANY and ALL ADVICE HERE IS WELCOME

Edited by Mtvardos
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i'm sorry to hear about your hassle,,i'm surprised he didn't haul you in and do a blood test just to fuxk with you,,these assalholes think they're gods and we should all just bend over and drop our britches when we see them coming...this site doesn't allow for the promotion of violence but it doesn't stop me from thinking about it ...lol..my advice would be to talk to a attorney for the little good it would do, that's like nothing, because it's after the act and he already did the deed... bp...ps in the future i'd keep my meds in the bottle they came in and stop swerving down the highway..lol..bp

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my better instincts is saying dont fax anything,  Im kinda thinking if they have a real call from another motorist and you were not smart enough to keep your card where  a cop cant see it when you open your wallet and hand him your liscense gives him reasonable cause to search you!

 

learn from this! me personaly I wouldnt send them sheit, I guess I would sit nervously waiting to see if leo follows thru with the bogus threat!  Im sorry even if you were not the person swerving you broke the cardinal rule of not letting leo see your card untill you need it to save your but for having mm. as far as the other pills, I had the same thing happen, and they did come after me like a yr later, after they got me thru the court on the traffic violations I was pulled over for!  I thought it was all done and bam I get a court date in the mail for possesion of narcotics, I almost got 6 months, had I listened to my court appt attny I would have most def gotten 6 months, but unfortunatley I have been in court enough to know better than to listen to bad advise!

 

dont show people your card put is else where in your wallet, mine is in the back of my insurance cards!

 

best of luck. dont do anything stupid!

 

Peace

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get a copy of that 911 call immediately. I don't think he had a right to fish around in your pants to see what he could find. your rights may have been violated because of some disgruntled anti military type (allegedly)called 911 and reported you swerving. Best chance to stop this kind of intrusion is to take this to the top with a competent attorney imo.

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thank you for serving.

 

i have "Persian gulf vet" displayed on my license plate...

 

i figure it might help with hasty LEO

 

seems not in this case..

 

i would send the scripts also... but next time tell him to look it up live on his computer.. you have myhealthevet.com and it has all your prescriptions listed.

 

thank you Zap.. that was what i was going to post also... section 6

 

if I were asked when the last time I medicated the answer should be to state unequivocally that you cannot possibly answer that question because it Could incriminate you. 

yep i would plead the 5th.

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nor would i.

 

i keep all of my cards proudly in my wallet right under my VA ID

 

i would welcome LEO to try that with me...

 

i keep a copy of the act printed and within reach in my vehicle in case they need to be shown in writing how section 6 protects our confidentiality and having a card does not in any way shape or form allow them any type of compliance inspection or any other BS excuse they may figure on to try to get us to bend over and submit.

 

NEVER EVER CONSENT TO ANY SEARCH OF ANY KIND.

 

when confronted and asked why simply state very clearly that LEO can lie to you but you can't to them..even if based solely on that fact it is not in a persons interest to consent to a search.

 

EVER.

 

make them get a warrant each and every time.

 

it sounds like you didn't consent... the officer bullied you.

 

the thing is... we are protected by the constitution of the United States (which we as veterans specifically helped protect and defend) and no one has a right to violate any Americans constitutional rights against unreasonable search and seizure.

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the scent of cannabis alone is not enough to satisfy a search...

 

the dogs can hit all they want.

 

once you have and show a valid cannabis card it is justification that you may be transporting your needed medication.

 

no probable cause exists.

 

probable cause does not exist and because of the confidentiality clause in section 6 posted above you do NOT have to consent to a k-9 search.

 

i am pretty sure the MI Supreme court has already addressed this issue in the past.

 

Probable cause
The requirement, found in the Fourth Amendment to the Constitution, that must usually be met before police make an arrest, conduct a search or recieve a warrant.  Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search).

 

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also... i would not start the conversation with this card.

 

in my world it serves as the last warning you are giving the LEO before they knowingly invade your privacy and violate your rights.

 

while i have had several opportunities to use one..i only saw one used once.. and it worked.

 

it was right after the state officer asked us if we had cannabis in the vehicle after checking all of our information he returned to the car and asked us..

 

he read the card...twice

 

and then let us go.

Edited by mibrains
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if a dog hits on your car, you will be searched 99% of the time.

This is why i started the drug dog thread.  I didn't get much valid input regarding the subject.  The dogs are not trained to distinguish between drugs.  If a dog hits, that is probable cause.  If you can show me case law that says otherwise, I would like to see it.

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the scent of cannabis alone is not enough to satisfy a search...

 

the dogs can hit all they want.

 

once you have and show a valid cannabis card it is justification that you may be transporting your needed medication.

 

no probable cause exists.

 

probable cause does not exist and because of the confidentiality clause in section 6 posted above you do NOT have to consent to a k-9 search.

 

i am pretty sure the MI Supreme court has already addressed this issue in the past.

 

Probable cause
The requirement, found in the Fourth Amendment to the Constitution, that must usually be met before police make an arrest, conduct a search or recieve a warrant.  Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search).

 

 

If t his were true, drug traffickers would be let go from a k9 search by solely possessing a medical marijuana card even if they are transporting kilos of heroin.  

 

 

The key to this is that a k9 unit must be on site and cannot extend the the length of the traffic stop beyond the time required for the traffic offense that led to the stop/.

Edited by garyfisher
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the scent of cannabis alone is not enough to satisfy a search...

 

the dogs can hit all they want.

 

once you have and show a valid cannabis card it is justification that you may be transporting your needed medication.

 

no probable cause exists.

 

probable cause does not exist and because of the confidentiality clause in section 6 posted above you do NOT have to consent to a k-9 search.

 

i am pretty sure the MI Supreme court has already addressed this issue in the past.

 

Probable cause
The requirement, found in the Fourth Amendment to the Constitution, that must usually be met before police make an arrest, conduct a search or recieve a warrant.  Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search).

 

 

 

MIbrains - Section 6 doesn't say that a card eliminates probable cause.  It says that the card itself doesn't constitute probable cause.

 

"Possession of, or application for, a registry identification card shall not constitute probable cause"

 

The discussion regarding whether smell of MJ constitutes probable cause is just that - Does smell = probable cause? 

 

I'm not sure where the case law falls here - regarding if smell constitutes probable cause in a med MJ case.  I have heard of more than one lower court ruling where a warrant was found good based on evidence of the presence of MJ regardless of the searchee's cardholder status.  In other words, the card doesn't provide probable cause, but other evidence does.  I'd be interested to hear more about the current status of probable case with regard to MMJ in Michigan is anyone knows of any case law.

 

I'm not sure what you mean about how the confidentiality clause protects against a K9 search.  Can you elaborate?

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heres the thing,

 

a dog alert is probable cause during a roadside inspection because it indicates drugs are present.

 

if i was asked i would tell the officer in question that a drug dog will hit on my car absolutely each and every time.

i use it to transport my legal medication as often as needed.  you just effectively removed any possibility of probable cause.  no crime can now exist.

 

they will need something in addition to just scent to instigate a probable cause scenario.

 

now if you were doing something else wrong like transporting heroin you may be in some trouble when you are answering questions...

 

i realize that section 6 says that having a card itself does not act as probable cause. the Act does however specifically spell out protections from search or seizure.

 

we are not subject to search as a result of being a cannabis patient.  LEO is not allowed any sort of "compliance inspection" to ensure we are following the rules...

 

if LEO walks up to your vehicle and you have some dankness in a jar in the trunk where it supposedly belongs however the scent is still permeating the container to the extent that the officer can clearly smell it without a dog...this would not be a scenario for LEO to search so long as you have a valid card or application... you simply do not have to submit to an inspection of any type...

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