So if you don't like you neighbor

16 Feb 2012 19:30 #21 by BadgerKustoms
Thank you Mtn Gramma, yes I did seem to miss that part. However it seems to be residing on the shoulders of the marijuana issue. (or at least that's my understanding?). With that said, yes I feel its a violation of our rights. At this point I feel a necessary side-step.... maybe.

My 'douche' neighbor that I mentioned above is a medical grower. I know that his property is subject to random searching and his consent isn't an issue unless he wishes to lose his privileges. On a more personal note, I'm not a "pot-head". Don't really give a damn if someone chooses to partake or not. Yes I've tried it, and many moons ago tried even more illegal substances, but eventually through life experience deemed all of them 'not my thing'. Ironically people of all walks of life criticize my hobby of making moonshine. For the record making moonshine is NOT illegal..... selling it however is an entirely different discussion. And for the record here, I got into this while researching alternate fuel sources and ethanol. Done tons of research, make ethanol for a project, make moonshine for personal consumption, nothing illegal.... moving on now.

Its my understanding that those who grow 'medicine' do so under many regulations. Searches being one of them, to me these individuals have already voluntarily given up their rights and waive warrants. Its my right to request a warrant if asked for a search, which brings me to this:

popcorn eater wrote:
But wait, do we really have to worry about pot heads when people on 285bound are threatening to gun down police just for knocking on the door and saying they have prob cause?


"Breech" my door without my consent and I don't care who/what you are. Let me put it this way.... Not even your GOD will enter my dwelling without my consent or I'll erase his existence. While I may die in the process, I'm trained not to die alone, but to take one or more 'opposition' with me. Such is my right and my way. Ask and ye may receive, but push and you will not like the results.

popcorn eater wrote: PS, I am trying to get people to know what is going on and not let locals violate the 4th ammendment. I am afraid of my guns being taken. Is that so wrong?


Agreed, there is nothing wrong with bringing this to people's attention and letting them know that rights could very well be violated if this passes. Granted, I'm friends and family with a couple of Park Counties officers who know who I am, where I come from, where I stand, etc. Not every officer that would ever knock on my door know this perhaps, but knowing one's basic rights is crucial to our American way of life.




Badger

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17 Feb 2012 22:13 #22 by The Boss
A few people have mentioned that being an individual with a pot card that grows is subject to random searches. I could not find this law, I could only find things that say that it is in fact a private record that the dept of health has, no LEO or the counties/towns. This is right out of the state constitution. A person has to have presented their card to LEO as a justification for not being carted away or LEO cannot even request a record check. The law below has been the law of the land for well over 10 years.

14.3.a No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.

http://www.nationalfamilies.org/guide/c ... -full.html first one that came up on google. I assume reasonably accurate.

Could someone cite the law that says that individual smokers or growers are subject to random searching? Given the above from the state constitution, it would have to be a change to the constitution.

Thus warrentless searching for this purpose would be new different and still a violation of the 4th ammendment and even state law....again, what would even be the basis for the search, if they don't know who is growing without Badger's neighbor pointing them out. Back to my original point - we cannot have a system where that night Badger had no choice. You cannot do a warrentless search at this time just based on a neighbor saying something, you can get a warrant, even if the neighbor says you are growing weed, mixing meth or you have a whore house. Of course there are subtlies, but generally when you accuse your neighbor of something that cannot be seen, LEO has to believe you 1 and then proceed to ask a judge or YOU to come through your door.

I am proposing with this thread that we keep the current system and in this post that people misunderstood individual pot growers' and smokers' privacy rights, they are the same as yours, once they have that card...in fact, the "functional equiv" is called a doctor's note. If you read on line, the reason the number of people in the state program is dropping so quick is that people are no longer getting their cards, just doctor's note, no card, there is not even a record for LEO to get special permission to check.

Again if there are new laws that trump these, please post them.

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