Mmmp Card Gives Consent To Search ?

[garyfisher]

Did you see my thread "dr00g d0gs"  ? 

I don't use any drugs whatsoever besides cannabis but had a run in with a k9 unit.  He ordered me out of the car.  Asked about drugs, then wanted to see the weed.

[mibrains]

i did i believe read it Gary..

 

i will go back and search and check it out..

 

he didn't have the right to search you... they don't know that tho.. the rules are advancing..

 

in a legal cannabis for medicine state the scent alone cannot indicate a crime exists.. that doesn't mean it isn't happening tho..

Edited September 25, 2014 by mibrains

[mibrains]

I completely agree with you, they are just not quite there yet and as in all other areas, there is pain here for the ones who work it out. And as per normal, the ones who work it out will be the ones on the edge, i.e. the ones arrested after the illegal search for whatever reason.

thanks zap and yes it is very important to shut your mouth and be violated and not get yourself into any further trouble so in the end it will work to your favor...

 

no one said it was going to be easy...in fact everyone told me it was going to be dam hard.

[Habenero]

shouldn't be probable cause but is because of messed court rulings. The court of appeals says that marijuana possession is illegal even if you got a card. A cop can search if'n there's pc that a crime was committed and the search will turn up the criminal activity. As long as the court's take the view that it's still illegal even with a card I don't know how you get around the problem. The lazy good for nuttin lawmakers need to get off their fat butts and fix this. If that don't happen then were're gonna get trial courts ruling differently in different places and then the appeals courts will have to sort it out. That's our messed up retarded gubbermint for ya.

[Mtvardos]

Well it's over .I sent the scripts via email with the attached message if any questions I work midnights I am up at noon.So when do you think he called ? YEP 8:30 am

Oh well I walk away for now but I have a feeling Crawford County has a cell with my name on it Cuz next time I will not be so quite about my rights .

[phaquetoo]

bro always press *67 before calling some one you dont want to have your cell or land line,,,yea I know they can find it any how, but you dont need to help them!

 

Thank you for you service!

 

I am not saying that your card gives them reasonable cause, but if there realy is record of a call with your plate number and he pulls you over, and the first thing he see's while you are pulling out your liscense is an mm card, well I would think in that situation he thought you were driving impaired, and that alone gives them reasonable cause, not the card but the situation, whether you are legal or not it is against the law to drive under the influince of mmj!

 

Peace

[bobandtorey]

 

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).

 

 

 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/

Edited September 26, 2014 by bobandtorey

[bobandtorey]

Sorry mibraines 

 

 smelling cannabis is the way Leo does get warrants all the time and also trash pulls

[Highlander]

Thanks for finding that Bob.  Something every patient and CG should know about.

[bobandtorey]

Thanks for finding that Bob.  Something every patient and CG should know about.

You are Welcom

 

Leo bets BIG on people not knowing 

 

When i'am out in about i talk to a lot of people about Cannabis and the Law they can see i wear a badge / Button that say's    I am not a Criminal it has a Cannabis leaf also on it

 

I don't clam to know the Law but find out after talking to them i know a lot they know nothing but where to buy it 

[bobandtorey]

Sorry i will also add nothing has changed as far as most Leo's it's business as usual but it's still better to have a card then no card at all 

 

And people are still getting arrested for driving  even if they haven't used cannabis that day one guy i know it happen to him about 2 months ago and he was working in his garden and got pulls over and leo smelled  it on him and they got a warrant and took blood 

[pic book]

i carry this folded around my card in my wallet, so in times of stress i am reminded to read it to the officer and not to be a talking/babbling fool.

[phaquetoo]

nice pic! I know all of that, I wish all around me did! cops lie cheat and steal, something I dont put up with from my own family and I refuse to put up with it from leo!

 

Peace

[flower pharm]

I really think that people are under the impression that a card is an all inclusive shield against leo. theres  the same if not more prejudice from leo now, I know im way more careful scince ive been legal,which is wrong and not why I have my card. until its legal I wont feel safe, what good is being legal when leo arrests everyone and lets the court deal with thinking. remember their job is to haul in people and money, not to interpret laws that tie there hands. its pretty sad that the responsible legal thing to do is just making us all targets. maybe they could issue us arm bands. 

[Wild Bill]

theres  the same if not more prejudice from leo now,

 

I had the opportunity to speak to an off duty LEO last year. He was absolutely irate that he could no longer make an arrest based solely on the odor of marijuana when pulling someone over.

 

His main point of contention was that he was now forced to "prove they had broken some traffic law". According to him the courts were on the side of the druggies.

[Willy]

Sure dont appear that way to me ...

[mibrains]

Sorry mibraines 

 

 smelling cannabis is the way Leo does get warrants all the time and also trash pulls

 

Something stinks... 8 plants and only 2 grams? he was section 4 compliant and still convicted of manufacturing?  how? 

http://www.onmedicalmarijuana.com/wp-content/uploads/2012/08/People-v-Brown-PDF.pdf

 

Defendant Anthony Ryan Brown appeals as of right from his conviction, following a bench trial, of manufacturing marijuana, MCL 333.7401(2)(d)(iii). The trial court sentenced defendant to 30 days in jail (suspended), two years’ probation, and 100 hours of community service. In addition, the trial court imposed a $500 fine and suspended defendant’s driver’s license for one year. We affirm

 

 

6, 2010, explaining that he was approved for a Qualifying Patient Registry Identification Card.

Defendant’s identification card indicated that it was issued on February 4, 2010. Nevertheless,the trial court found defendant guilty of manufacturing marijuana. Evidently, defendant did not comply fully with the requirements of the MMMA, although the specifics of the noncompliance are not clear from the present record.

 

 

 

Edited September 27, 2014 by mibrains

[mibrains]

I really think that people are under the impression that a card is an all inclusive shield against leo. theres  the same if not more prejudice from leo now, I know im way more careful scince ive been legal,which is wrong and not why I have my card. until its legal I wont feel safe, what good is being legal when leo arrests everyone and lets the court deal with thinking. remember their job is to haul in people and money, not to interpret laws that tie there hands. its pretty sad that the responsible legal thing to do is just making us all targets. maybe they could issue us arm bands. 

 

 

to  me it isn't an inclusive shield.

 

it is however a protection against "arrest, prosecution, or penalty in any manner, or denied any right or privilege" ???  333.26424

 

the COA has not figured it out yet.. we will spend the time teaching them...

 

but... my real fear is that they will issue arm bands or some other kind of biblical marking device...then what time will it be?

Edited September 27, 2014 by mibrains

[Mtvardos]

Exactly why we need to hold not only the police but the entire system accountable.

Thank god for the Internet or I personally would have never heard of the Peaceful Streets Project and how the citizens of Texas are holding Leo accountable for there crimes against American citizens

[bobandtorey]

 

Something stinks... 8 plants and only 2 grams? he was section 4 compliant and still convicted of manufacturing?  how? 

http://www.onmedicalmarijuana.com/wp-content/uploads/2012/08/People-v-Brown-PDF.pdf

 

Defendant Anthony Ryan Brown appeals as of right from his conviction, following a bench trial, of manufacturing marijuana, MCL 333.7401(2)(d)(iii). The trial court sentenced defendant to 30 days in jail (suspended), two years’ probation, and 100 hours of community service. In addition, the trial court imposed a $500 fine and suspended defendant’s driver’s license for one year. We affirm

 

 

6, 2010, explaining that he was approved for a Qualifying Patient Registry Identification Card.

Defendant’s identification card indicated that it was issued on February 4, 2010. Nevertheless,the trial court found defendant guilty of manufacturing marijuana. Evidently, defendant did not comply fully with the requirements of the MMMA, although the specifics of the noncompliance are not clear from the present record.

 

 

 

 although the specifics of the noncompliance are not clear from the present record -----------  i'am sure it wasn't 

 

 

[Mtvardos]

Who said Hitler was dead ? The man yes the thought pattern ..... not so much.

This stuff will continue to happen if we the people dont start exercising our rights under the constitution. And hold those people that are supposed to uphold the laws weather they agree with them or not accountable

Edited September 29, 2014 by Mtvardos

[bobandtorey]

Who said Hitler was dead ? The man yes the thought pattern ..... not so much.

This stuff will continue to happen if we the people dont start exercising our rights under the constitution. And hold those people that are supposed to uphold the laws weather they agree with them or not accountable

 

 

I also agree and how do we start

 

1. Vote

2. ?

[garyfisher]

I do not vote and will not vote.  When your choices are between a douchebag and a terd sandwich, it's not really a choice.  America's two party system is setup so that no others may have a chance at winning any election.

[Mtvardos]

Look up the peaceful streets project we start by taping them they rape us and standing up for your rights All of them

[Restorium2]

Sure am glad people voted for medical marijuana. There are great things about voting ... sometimes.