(1) The lawful possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property.


When a seizure occurs and when it is a result of such occurrence


UNITED STATES v. JACOBSEN ET AL.

No. 82-1167

SUPREME COURT OF THE UNITED STATES

466 U.S. 109; 104 S. Ct. 1652; 80 L. Ed. 2d 85; 1984 U.S. LEXIS 53; 52 U.S.L.W. 4414

December 7, 1983, Argued
April 2, 1984, Decided

The first Clause of the Fourth Amendment provides that the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. . . .This text protects two types of expectations, one involving "searches," the other "seizures." A "search" occurs when an expectation of privacy that society is prepared to consider reasonable is infringed. 4 A "seizure" of property occurs when there is some meaningful interference with an individual's possessory interests in that property. 5 This Court has also consistently construed this protection as proscribing only governmental action; it is wholly inapplicable "to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official." Walter v. [*114]
United States, 447 U.S. 649, 662 (1980) (BLACKMUN, J., dissenting). 6

So the second your possession interests are "meaningfully" interfered with, the property has been seized..once seized, it is forfeited to the state automatically via statute.

The legislature seems to have removed all authority of law under art. 1 sec. 7 for leo to apply for search and seizure warrants...but, not administrative searches..without seizures and forfeitures.....

Interesting..i see lots of admin. caselaw to search but, not seize..
jamessr Reviewed by jamessr on . RCW 69.51A.050 Medical marijuana, lawful possession â?? State not liable. (1) The lawful possession or manufacture of medical marijuana as authorized by this chapter shall not result in the forfeiture or seizure of any property. When a seizure occurs and when it is a result of such occurrence UNITED STATES v. JACOBSEN ET AL. No. 82-1167 Rating: 5