California Medicinal Marijuana patient

Hi there,

Recently my friend who is a medicinal marijuana patient was arrested for possession to sell and cultivation. The police came to his house with a search warrant, but neglected to tell him why they had the warrant, and why he was being arrested. They seized all the equipment, and cut down all of the plants (They were following everything in legal limit, in no way, shape, or form were they breaking the law) Also they seized his laptop which is effecting his school work, and caused tremendous emotion stress- the entire reason he has a medical card is because of anxiety, he has an actual medical condition, but would rather not take valium because marijuana helps him. They put him in jail after finding a scale, and a piece of paper indicating that he was selling. However, he has evidence that has sold the medicine to medical clubs, and has receipts as evidence. And any medical patient is going to have a scale, I would think police can't go around arresting people based on heresay... I also believe they shouldn't be able to connect the firearm to him in court because it is one of your amendments that you have the right to bear arms. However, I am not sure if I am wrong and wondering from a legal stand point a lawyers opinion on the matter. Did they violate his miranda rights by not telling him why he was being arrested/the source of the warrant? Does he have standing to sue the city or the neighbors that might have complained and caused this entire ordeal? I would really appreciate your input. Thank you.

I also believe they shouldn't be able to connect the firearm to him in court because it is one of your amendments that you have the right to bear arms

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well, you still have to follow the laws in place. If you think the law that states he cannot keep a gun is unconstitutional, tell him to get out his wallet and fight it on those grounds.

Does he have standing to sue the city or the neighbors that might have complained and caused this entire ordeal?

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for what? Neighbors can make complaints. As long as the support for the warrant is legit, not seeing anything the cops did wrong other than give him a copy of the warrant. Doesn't change the crimninal charges though.

Did they violate his miranda rights by not telling him why he was being arrested/the source of the warrant?

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nope. neither one is required under Miranda.

and selling back to a MJ club. Don't you have to be registered to do that?

This happened in Santa Cruz? A little surprising considering most people think "weed is practically legal there". I'm from San Jose btw, good luck fighting this. I'm not in a position to give legal advice but to me it seems like a lot rides on the reason for the search warrant and if it is a legal one. A lawyer is probably the best person you could have fighting your case for your friend.

SantaCruzLocal said:

Recently my friend who is a medicinal marijuana patient was arrested for possession to sell and cultivation. The police came to his house with a search warrant, but neglected to tell him why they had the warrant, and why he was being arrested.

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They do not need to tell him why they have the warrant, only that they have it. And he found out why he was arrested at least when he was booked at the jail.

They seized all the equipment, and cut down all of the plants (They were following everything in legal limit, in no way, shape, or form were they breaking the law)

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Apparently someone felt they were contraband - including a judge.

Besides, what do you think is "the legal limit" for the number of plants? (There is a reason I ask ...)

They put him in jail after finding a scale, and a piece of paper indicating that he was selling. However, he has evidence that has sold the medicine to medical clubs, and has receipts as evidence.

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Then I guess he has a good defense.

And any medical patient is going to have a scale, I would think police can't go around arresting people based on heresay...

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They don't. The standard of proof is "probable cause" to believe a crime has been committed and that the person arrested has committed the crime. It is not a high standard, but it is not based on hearsay, either.

I also believe they shouldn't be able to connect the firearm to him in court because it is one of your amendments that you have the right to bear arms.

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Not when you are engaged in criminal activity or drug related crimes it is not.

Did they violate his miranda rights by not telling him why he was being arrested/the source of the warrant?

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No. Miranda does not involve warrants. Miranda is generally required only when you have been arrested and are being interrogated.

Does he have standing to sue the city or the neighbors that might have complained and caused this entire ordeal?

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Hardly.

My understanding is the police are free to interpret the law. Anxiety, could include 90% of the population. As a matter of fact, maybe i'll move there if your friend wins.

They put him in jail after finding a scale, and a piece of paper indicating that he was selling. However, he has evidence that has sold the medicine to medical clubs, and has receipts as evidence.

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I don't think the law allows a profit to be made. Was friend making a profit?