Cancer survivor busted with marijuana? illegal search?

[breathed33p]

Ok so my friend was driving, we had just left a house and he had not turned on his lights, cops pull us over no big deal, we give them lic and reg and they pull in two squad cars, so a total of 5 police are on the scene they question us, pull us out of the car search us, find nothin, then seperate us and tell us our stories were not consistent, which they were and the one officer stated 'we do this all day, 8 hours a day pull people over find PC and arrest them. So then the group of officer surrounded the driver and the officer dalton, said walking to the vehicle "im going to search the vehicle" my friend the driver of the vehicle stated 'whatever man do what you need to do' the officer began to pick apart the floor and finds a marijuana stem, then after words all the other officers claim the car wreaked of marijuana, not true we hadnt smoked, so they unlock the trunk and find 44g for personal use, arrest me without miranda rights and ticket me with marijuana possession in the fifth degree.

I am also a recent brain cancer survivor with a 80% recurrence rate, and marijuana kills my cancer.

Do i have any grounds to have this dropped?

 

[Banned_Princess]

Ok so my friend was driving, we had just left a house and he had not turned on his lights, cops pull us over no big deal, we give them lic and reg and they pull in two squad cars, so a total of 5 police are on the scene they question us, pull us out of the car search us, find nothin, then seperate us and tell us our stories were not consistent, which they were and the one officer stated 'we do this all day, 8 hours a day pull people over find PC and arrest them. So then the group of officer surrounded the driver and the officer dalton, said walking to the vehicle "im going to search the vehicle" my friend the driver of the vehicle stated 'whatever man do what you need to do' the officer began to pick apart the floor and finds a marijuana stem, then after words all the other officers claim the car wreaked of marijuana, not true we hadnt smoked, so they unlock the trunk and find 44g for personal use, arrest me without miranda rights and ticket me with marijuana possession in the fifth degree.

I am also a recent brain cancer survivor with a 80% recurrence rate, and marijuana kills my cancer.

Do i have any grounds to have this dropped?

How about you name your state like the thread prompted you.

And if its OK, maybe you could have been clearer.

 

[Banned_Princess]

I'm sorry, did you just claim MJ kills your cancer?

 

[tranquility]

The state could make a difference, but probably not. Because a vehicle is inherently mobile the "probable cause" required for a search is less. In many states, the smell would be enough for a search. (Some not.) However, there is an implied consent when your friend did not tell the officer "no" when they went to search the car and there may be actual consent depending on what a fact finder felt was meant by what was actually said. While there could be an argument for coercion based on the number of the officers, it would just be an issue-spotting argument and I don't see it being a winner. Finally, no. YOU cannot object to the search as it is unlikely you have standing to object to a search of friend's car. (But, that also may be state specific.)

I'm sorry, did you just claim MJ kills your cancer?

He's not the only one claiming it. (Google it. Lots more too.)
http://www.cancerresearchuk.org/cancer-help/about-cancer/cancer-questions/is-cannabis-treatment-brain-tumours
http://www.huffingtonpost.com/2012/12/01/cannabis-for-infants-brai_n_2224898.html
http://www.webmd.com/cancer/brain-cancer/news/20090401/marijuana-chemical-may-fight-brain-cancer
http://health.usnews.com/health-news/family-health/cancer/articles/2009/04/01/active-ingredient-in-marijuana-kills-brain-cancer

 

[Banned_Princess]

Ah that marijuana. perfect for so many reasons. yet continues to be illegal.

Anyway. I agree that the driver agreed to the search. And 5 cops didn't come to your scene because they had nothing else to do. Its pretty tough to successfully claim an auto tossing was illegal.

Depending on the state, punishment might just be a fine, or probation. (some severe states might even jail you) So state is pretty important in that respect.

 

[tranquility]

Ah that marijuana. perfect for so many reasons. yet continues to be illegal.

It will be one of many of this society's great shames how the federal government was so antithetical to medical research on the drug. It will enter the pharmacopeia in our lifetimes as an extremely effective drug with extraordinarily low risk. I suspect it will be the "cracking" down of the elements into different chemicals that will bring in big medicine and create a profit motive that will lead to a more reasonable scheduling of the drug.

 

[breathed33p]

The state is NY, and yes we told the officer no on several occasions...

 

[Silverplum]

Ok so my friend was driving, we had just left a house and he had not turned on his lights, cops pull us over no big deal, we give them lic and reg and they pull in two squad cars, so a total of 5 police are on the scene they question us, pull us out of the car search us, find nothin, then seperate us and tell us our stories were not consistent, which they were and the one officer stated 'we do this all day, 8 hours a day pull people over find PC and arrest them. So then the group of officer surrounded the driver and the officer dalton, said walking to the vehicle "im going to search the vehicle" my friend the driver of the vehicle stated 'whatever man do what you need to do' the officer began to pick apart the floor and finds a marijuana stem, then after words all the other officers claim the car wreaked of marijuana, not true we hadnt smoked, so they unlock the trunk and find 44g for personal use, arrest me without miranda rights and ticket me with marijuana possession in the fifth degree.

I am also a recent brain cancer survivor with a 80% recurrence rate, and marijuana kills my cancer.

Do i have any grounds to have this dropped?

Regarding the bolded in your post:

I'm sure the American Cancer Society, the American Medical Society, and about a bazillion other medical organizations will be very excited to hear that news!!!

 

[tranquility]

The state is NY, and yes we told the officer no on several occasions...

That's not what you wrote.

said walking to the vehicle "im going to search the vehicle" my friend the driver of the vehicle stated 'whatever man do what you need to do' the officer began to pick apart the floor and finds a marijuana stem

That you said "no" beforehand, and could prove it, would not vitiate the consent unless the atmosphere was so coercive so as to make the consent involuntary. (Either the implied or actual consent, depending on what a jury would find the words mean.)

 

[tranquility]

Regarding the bolded in your post:

I'm sure the American Cancer Society, the American Medical Society, and about a bazillion other medical organizations will be very excited to hear that news!!!

The American Cancer Society (http://www.cancer.org/treatment/treatmentsandsideeffects/complementaryandalternativemedicine/herbsvitaminsandminerals/marijuana)
American Medical Society (http://www.med.nyu.edu/pmr/residency/resources/PMR%20clinics%20NA/PMR%20clinics%20NA_pain/marijuana_PMR%20clinics.pdf)
And about a bazillion other medical organizations (About 12,100,000 results (0.16 seconds) on google for marijuana brain cancer)

ARE very excited.

 

[Just Blue]

http://www.cancer.org/treatment/treatmentsandsideeffects/complementaryandalternativemedicine/herbsvitaminsandminerals/marijuana

 

[You Are Guilty]

Well, let's think a bit. Weed locked in the trunk and passenger charged with possession, 5th. Time to delve a little further.

S 221.10 Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

Moving right along,

S 240.00 Offenses against public order; definitions of terms.
The following definitions are applicable to this article:
1. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds, and hallways, lobbies and other portions of
apartment houses and hotels not constituting rooms or apartments
designed for actual residence.

Right there, the state has a number of things to prove:
1- knowingly
2- possesses
3- (more than 25g of) weed in a public place
4- that was the result of a legal search (or confession, I suppose).

Certainly a lot of potential avenues to explore, and not one of them via posting on an internet message forum. GET A LAWYER (or PD) AND STOP POSTING DETAILS ON THE INTERNET.

Some people just want to be convicted, I guess.


{edit}
And to borrow a quote from the above link, "There is no available scientific evidence from controlled studies in humans that cannabinoids can cure or treat cancer." So while it is not impossible, there is still a loooong way to go before one can credibly claim that "pot kills cancer".

 

[Ohiogal]

The state is NY, and yes we told the officer no on several occasions...

Sorry but you stated this:

said walking to the vehicle "im going to search the vehicle" my friend the driver of the vehicle stated 'whatever man do what you need to do'

The driver gave consent.

 

[tranquility]

And to borrow a quote from the above link, "There is no available scientific evidence from controlled studies in humans that cannabinoids can cure or treat cancer." So while it is not impossible, there is still a loooong way to go before one can credibly claim that "pot kills cancer".

From the same paragraph:

More recently, scientists reported that THC and other cannabinoids such as CBD (cannabidiol) slow growth and/or cause death in certain types of cancer cells growing in laboratory dishes. Some animal studies also suggest certain cannabinoids may slow growth and reduce spread of some forms of cancer. However, these substances have not been tested in humans to find out if they can lower cancer risk. There is no available scientific evidence from controlled studies in humans that cannabinoids can cure or treat cancer.

So, yes, "pot kills cancer".

But, remember the dodge. "Controlled" study. That usually means a study where you have a population who are treated in different ways but they don't know which way they are being treated. That's rather hard with the full spectrum of THC. For a human study on brain cancer, see:
http://www.jci.org/articles/view/37948

 

[Silverplum]

Anecdotally, the only person I've known to have (and die of) brain cancer, smoked lots of pot. His whole adult life. Lots and lots and lots of pot.