Cops Raid Medical Marijuana Patient, Take Her Belongings In Asset Forfeiture

[ChristianAnarchist]

I've said it a hundred times: Goons gonna goon... (Ok, maybe only 80 times, but you get my drift...)

 

[presence]

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[presence]

What's the disincentive for them to steal everything they possibly can?

Gun ownership.
Hit Men.
Militias.

 

[Dr.3D]

We need to reinstate the fourth amendment to the United States constitution. I wasn't aware it had been changed.

 

[phill4paul]

Prosecutors drop marijuana charges against Michigan woman

Prosecutors have dropped marijuana charges and will return items seized from a Kimball Township woman in the wake

of a Michigan Supreme Court ruling last week, the woman learned Wednesday.

“I’m elated that this part is over,” said Ginnifer Hency. “It’s been a long year.”

St. Clair County Prosecutor Michael Wendling said about 18 cases were on hold while prosecution and defense waited on the Supreme Court decision.

“We re-evaluated the files that we had pending and at least five were no longer viable in light of the Supreme Court decision,” Wendling said.

“I think that’s an analysis that prosecutors across the state are undertaking.”

The Supreme Court ruling last week clarified when caregivers and users can use their medical marijuana certification as a defense or immunity if charged with a marijuana-related crime. It was the court’s ninth medical marijuana ruling since voters approved the Michigan Medical Marijuana Marihuana Act in 2008.

“We would have to have specific evidence on those items in order to overcome that burden now that we did not have to show before,” Wendling said.

Wendling said any unresolved civil forfeiture cases connected to those five dismissed cases also will be dismissed, and items seized will be returned.

http://www.freep.com/story/news/loc...er-hency-vibrator-marijuana-seizure/31181051/

 

[tod evans]

What about the thousands of people who have lost their property to these seizure laws?

This must be made retroactive and the DA's at fault must be held liable for damages!

 

[Suzanimal]

A self-described Michigan “soccer mom” who had “every belonging” taken from her family in a 2014 drug raid has been cleared of all criminal charges, 19 months after heavily armed drug task force members ransacked her home and her business. But in many ways, her ordeal is only beginning.

Annette Shattuck and her husband, Dale, had been facing felony charges of possession of marijuana with intent to distribute, possession with intent to manufacture marijuana and maintaining a drug house. But last month, Michigan Circuit Court Judge Daniel Kelly threw out all criminal complaints filed against the Shattucks "on the grounds of entrapment by estoppel," according to court filings. Entrapment by estoppel occurs when a government official leads a defendant to believe that their conduct is permissible under the law.

...

Technically, Shattuck's dispensary should not have been approved by the town planning commission, because the law does not provide for selling marijuana in dispensaries, Guilliat said. "I think the township probably thought they were doing the right thing, without knowing what the law says," he added.

On July 28, 2014 — not long after the couple reached out to them to perform a compliance check — task force agents raided both the dispensary and the Shattucks' home. In addition to charging the Shattucks with a variety of marijuana-related drug crimes, they took a lawnmower, a bicycle, their daughter's birthday money, their marriage certificate and numerous other belongings, according to Annette Shattuck's testimony before the Michigan House last year.

But Judge Daniel Kelly ruled last month that, because the town planning commission had signed off on the dispensary, and because the Shattucks "would not have called [the Drug Task Force] and invited law enforcement to their compassion center for an inspection unless [they] believed in good faith" that they were operating within the bounds of the law, "basic principles of due process preclude prosecution in this case." In short, the government can't prosecute you for operating an "illegal" business if another arm of government has given you the green light on it.

Annette Shattuck says "it's beyond exciting" to have the criminal charges cleared. But the tough work of getting her forfeited property back has only just begun.

...

Annette Shattuck says that since the charges have been dismissed, the Drug Task Force has returned some of her property. But much of it is damaged. Electronic items are missing power cords and remotes. Her and her husband's phones were smashed. They returned her husband's guns and the safe he stored it in, but they didn't return the key. Two of the kids' insurance cards are missing. Shattuck says her marriage and birth certificates haven't been returned, and since the Task Force does not itemize seized documents in its paperwork, it has no record of taking them in the first place.

"We had plans to get the property back and sell a lot of it to pay for legal fees," she said. "But now we can't."

...

The Shattuck family has experienced this harm first-hand. Beyond the financial burden, the raids have left the family with considerable emotional trauma as well. When the task force raided her home, Shattuck's mother was babysitting her four children, who were all under age 10 at the time. "During the dynamic entry, armed DTF officers wearing ski masks separated the children from their grandmother at gunpoint, shouting at her to get the dog under control or they would shoot it," a court briefing filed by the Shattucks' lawyer alleges. "The deputies kept the children lined up on the couch at gunpoint, refusing even to remove their masks to help calm the kids."

Donnellon called this a "misrepresentation of the incident." During raids like this, he says, it's standard for officers to enter with weapons drawn. "If you come in at a dynamic entry raid, you’re going to aim that gun at the parents. Children are going to be sat at a couch. There's absolutely no way in hell would we point a gun at child on a couch," he said in an interview.

He added that his officers typically don't wear ski masks, either. "These guys on the SWAT teams are dads, too," he said.

After the raid, the officers left devastation in their wake, according to the family's account.

"They had Annette’s lingerie strewn everywhere," Annette Shattuck's mother said in the briefing. "From the ceiling fan... Boxes and bags of food had been pulled from the cabinets and stepped on with their big boots."

The description goes on: "They took everything, the birth certificates, the adoption papers. There was nothing that they didn't destroy, they ripped off facings of the cabinets, every picture was off the wall."

Sheriff Donnellon has previously disputed the Shattucks' characterization of the raid, saying that it wasn't as confrontational or disruptive as the Shattucks or their lawyer presented it.

The Shattuck family's kitchen as it appeared after the raid (photo courtesy of Annette Shattuck).

...
Annette Shattuck never thought she would be caught up in a forfeiture case like this. She thought that when the charges were dropped, it would be over. She thought that when she finally got her property returned, she could move on with her life.

But in many ways, her ordeal — and her family's — will continue. "I was naive," she said. "I thought that's it. But they destroy your property and they return it in pieces. We're going to have to keep moving forward and working to put our lives back together."

https://www.washingtonpost.com/news...every-belonging-then-the-charges-are-dropped/

 

[brushfire]

A free society always involves the government looting the governed.

 

[Anti Federalist]

Donnellon called this a "misrepresentation of the incident." During raids like this, he says, it's standard for officers to enter with weapons drawn. "If you come in at a dynamic entry raid, you’re going to aim that gun at the parents. Children are going to be sat at a couch. There's absolutely no way in hell would we point a gun at child on a couch," he said in an interview.

Fuck you, cop.

 

[osan]

How can such a thing happen? It's patently unconstitutional.

Un-WHAT?

BWAAAAAAAAA HAAAAAAAAAA HAAAAAAA HAAAAA HA HA HA HA HA HA...

 

[osan]

A free society always involves the government looting the governed.

And the hordes of STOOPID, cowardly, and unforgivably despicable AmeriKans did as they were directed.

Seriously, what the copulate is wrong with people?

 

[ChristianAnarchist]

And the hordes of STOOPID, cowardly, and unforgivably despicable AmeriKans did as they were directed.

Seriously, what the copulate is wrong with people?

They are hopeless "believers" in the worlds worst cult...