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Medical Marijuana San Diego cops

Discussion in 'Medical Marijuana Usage and Applications' started by iamdink, Jun 15, 2008.

  1. Hi,

    I have a little story to tell that happened to my friend and I on the night of Friday June 13th, 2008. I thought I'd tell it and inform people that Medical Marijuana is not the same all over California. I'm from Northern California where counties obey the will of the people and the will of the state.

    My friend was pulled over, presented his driver license and valid insurance. The tag on his vehicle was expired but he presented to the cop a valid explanation along with the check he was mailing the following day. They returned and asked my friend to step out of the vehicle.

    The other cop then proceeded to walk around the side of the vehicle and shine his flashlight in the vehicle. He spotted an empty medicine bottle in the backseat and without cause opened the vehicle and removed it claiming he sensed, "marijuana residue". At this point I turned around and informed the police that my friend was a medical marijuana patient under the Proposition 215.

    The cops then proceeded ask me to step out of the vehicle and patted me down. The lead cop mocked me referring me to as a "lawyer" and asking if all questions should be passed through the "lawyer".

    The cop asked 2 questions:
    1.) Is there marijuana in this vehicle?
    2.) Are there any illegal narcotics in this vehicle?

    My friend responded YES to question 1 and NO the question 2, under proposition 215 a medical patient is able to possess and transport marijuana. At this point my friend offered his 24-hour verified Medicann card as well as his official recommendation from his doctor. The cops then proceeded to mock his condition and extolled the wide abuse of the program and claimed that they were a federally funded and therefore were to follow federal law.

    They then requested authorization the search the vehicle, my friend responded NO. He offered a typical "good-cop"/"bad-cop" scenario claiming that he would make it easy on him if he authorized the search. My friend responded again, that no the officer did not have authorization to search the vehicle. The cop then proceeded to get his K9 unit and sweep the vehicle and at one point letting the dog enter the vehicle. He repeated while this was going on, "up dog, up dog, up dog".

    Upon search of the vehicle they obtained approximately $500 worth of medication.
    (1) 14.0 grams of og kush
    (2) 28.0 grams of shake
    (3) edible
    (4) 3.5 gram of kief
    (5) 1.0 grams of hash-oil
    (4) 2-pipes
    (5) grinder
    (6) 3.5 grams of mango kush

    They requested that the two passengers and myself sit back in the vehicle. Upon this point they attempted to scare my friend claiming that hash was a felony in the state of California and completely neglected the fact that he is a valid medical patient.

    At this point my friend first requested permission the leave and second, return of all property to which they replied that they would get in trouble with their supervisor. They charged him with a driver in possession and he has a court date in a month.

    He's seeking to first dismiss the charge and will fight to have all stolen property returned. San Diego county has put medical patients in a tough-spot by closing all medical clubs and with gas at 4.50/gal no one can afford to drive 300 miles round trip to Hollywood or Santa Monica.
     
  2. If your friend is a valid patient he should have no problem against state police. They enforce state law not Federal law, if your state laws dictate its legal with a doctors signature then it's legal on the state level as long as u have a doc's permission. As far as the search and seizure goes they will always have "probable cause" and yes they will even lie. DO NOT say no NO to a search. It's a huge red flag that u have something in ur vehicle ur not suppose to have. They radio it in across their walkies and they bring in the dogs, the dogs may or may not smell anything, but it doesnt matter because the dog handler can "false alert" the dog to scratch and bark even if their is no marijuana for the dog to smell they can false alert the dog and he will bark, usually the dog handler will say something like "get it, get it, get it boy , get it." The dog will bark even in the presence of nothing, a good idea for K-9 units is to put Deer or animal urine on the tires of ur vehicle, it distracts the dog into looking for the animal and not ur cannabis. Spend some money on a good lawyer, it's worth it in the long run. State officers must obey state laws, ur friend can't legally be charged with possesion of a controlled substance.
     

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