I'm medical and I got a possession ticket!!!

[Dan K.]

Alrighty guys, I need a little advice on this one, saturday night we had a party at our house, la policia came and gave us a noise violation, entered our house, and came into my room where they found one of my friends (non-medical) smoking a bong, as well as several other friends in the room, as well as me. I had probably .5g of Maui in it's original medical container just sitting next to me, wasn't even smoking, the officer saw my medicine and tried to pin me for sharing it with others (multiple thousand dollar fine), but I informed him that they were smoking their own stuff on their own accord and that I didn't supply them with anything. Anyways, I presented the officer my original medical recommendation as well as a photocopy with my drivers license on it when he asked if I was medical, and the officer takes them, calls them "jackshit," and throws them on the ground. Anyways, I got a ticket for paraphenelia (the bong) and possession of less than an oz. of marijuana. Obviously I was (and still am) very, very heated, and I am fully planning to take this to court. I am planning to get a state card, but I just got my recommendation 3-4 weeks ago and haven't had time to get a card yet. Everyone I've talked to (lawyers, medical club employees, NORML members, friends) has said that I'll get the ticket dropped in court no problem, but I wanted to come to you guys and share my experiences and get some advice. What do you think will happen? Is it likely I'll be able to sue and receive compensation for the bong/weed? The cost isn't really important, but it's the principle of the thing that really gets me, I want to inconvience this officer as much as possible, it was just some stupid University of California Police Officer anyway (I attend college at one of them) and he was a total asshole to me throughout the experience. Anyways, I digress. Thanks for listening, let me know if you have any questions, and please share anything.

Dan K.

P.S. We also got 2 labtops, a skateboard, and a bike jacked at that party, not a good weekend :mad:

Oh well, at least they didn't find my attic (see my grow thread) lol :D

[birdgirl73]

What an adventure, Dan! Amazing. And appalling.

Definitely just get your recommendation and every sort of medical proof you have before you go to court so that'll be a no-brainer. As far as suing for the bong and lost weed, that's a long shot. Because, of course, it'd cost far more to file a plaintiff's action than the cost of what you lost or what you stand to recover, even if you had pro bono reprsentation. The best approach is to document, if you haven't already, what exactly was taken/confiscated. Also make a record of everything that was said and done during that interchange, listing witnesses' names, addresses and getting their actual corroborating statements in writing before you go into court. Warn your friends/party colleagues that their testimony could potentially be needed and explain why you're getting this all documented. Consult with your attorney on this if you have one, which I hope you do.

Then go into court and explain to the judge, ideally through your attorney, that you want the PD to make restitution for your lost medical weed and your equipment. That's your best chance of getting restitution--and also of officially and competently embarrassing those arrogant campus officers. They shouldn't have behaved in that fashion.

[Dan K.]

thank you so much, I'll do all of that, I really hope that the sitution will resolve well.

[Hamlet]

You might consider the fact that causing a stink might create undo interest in your future parties--especially if you have something interesting going on in your attic that you want to keep 'discreet'.

If you don't care, a few well worded letters of complaint to his superiors and a trip to small claims court might get the job done.

[pollardfreek]

Did they have a warrant to search your house? If they didn't have probable cause or put you under arrest you can have the evidence thrown out if it was obtained through an illegal search.

[bongomania]

Hello Dan k., pollardfreek makes a valid point regarding the cop's right to enter your home. Not likely he had a warrant, but as long as he got consent from someone who lives there and NOT from some other person who happened to be at your party. Even after entering your home he needed probable cause to enter your room, especially if the door was shut and is not allowed to do so without knocking first.

Most CU campuses have an extensive law library (or at minimum a "legal aid" office) start doing lots of research about California State Supreme Court decisions and 9th Circuit decisions regarding entering a home, entering a personal bedroom, etc.

Most important, if you want to go after the cop (and you should) you MUST get this dismissed before the case gets going. Winning in trial is not as convincing in federal court civil lawsuit violations as having criminal charges dismissed. An important note is that you ALWAYS want charges dismissed 'with prejudice' (which means they can never recharge you), as opposed to 'without prejudice' (which means they can recharge you).

Then, locate the federal court nearest to where your civil rights were violated (in your case, it's your 4th Amendment right to be safe from illegal search and seizure that was violated) and request their "pro se filing packet for a 1983 civl rights violation lawsuit". Pro se means you're representing yourself. Also, ask for their application to proceed "in forma pauperis" which means you're a poor person and shouldn't be required to pay the filing fee.

Researching law is easy once you start doing it, always remember to shepardize any case law you find, make a clear argument, and follow the court rules. It really is easy to represent yourself and the court must give you great lattitude when requiring you to follow exact procedures. (meaning that, for example, I always submit my motions clearly handwritten. A lawyer could never get away with that). The court also must read into your motions and understand everything you are trying to say even if you can barely form sentences.

I am currently suing a sheriff and two deputies, pro se, in federal court. Let me tell you, if you're going to do this, even by yourself, it is going to cost you money. i.e. for a court reporter for depositions and other expenses. but don't let that stop you.

Best of luck to you, I always have a soft spot in my heart for anyone who wants to FIGHT THE POWER!:dance:

[KGod86]

Ya check the status of them entering, that makes a huge difference