USSC Decision-Police can’t detain suspects to wait for K-9 drug sniffing dog

USSC Decision-Police can’t detain suspects to wait for K-9 drug sniffing dog

Where The Rubber Meets The Road…

 

The Supreme Court ruled 6-3 on Tuesday April 21, 2015 that the Constitution forbids police from holding a suspect without probable cause, even for fewer than 10 extra minutes.

Writing on behalf of the court, Justice Ruth Bader Ginsburg declared that the constitutional protections against unreasonable search and seizure prevent police from extending an otherwise completed traffic stop to allow for a drug-sniffing dog to arrive.

“We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.”

The Rodriguez cases is important in the ongoing line being drawn between citizens living in a democracy based upon freedom and the governments interest of protecting the safety and wellbeing of the public. All too often we get calls involving police encounters during a traffic stop. Traffic stops in certain situations can and will lead to searches of vehicles, depending on many factors. Prior to the Rodriguez case, the bright line rule had been that the traffic stop may extend only as long as it was necessary for the reason for the traffic stop to be completed ( writing a ticket, giving a warning etc..). The purpose of a traffic stop is not and should never be to investigate a person unless there is some suspicion of a crime afoot. Sometime in traffic situation, and because drivers are unaware of their legal obligation during a traffic stop, often times the police can and will take advantage of these situations, detain the driver longer than they need to be detain, and utilize that time to try to find probable cause of some crime.

Rodriguez v the United States puts an end to that type of police work. After the traffic stop had been complete with Rodriguez, the Nebraska Trooper asked if he could walk his drug sniffing, k-9 around the vehicle. To his credit, Rodriguez stated no, the trooper nonetheless searched the exterior of the vehicle for 7-8 minutes while awaiting back up to arrive. After the k-9 allegedly hit on the vehicle, a search of the vehicle revealed large quantities of methamphetamine, and Rodriguez was arrested and charged. It is important to note that the entirety of the traffic stop lasted less than 30 minutes.

In suppressing all the evidence (the methamphetamine) that was a result of the traffic stop and search of the vehicle, the United States Supreme Court found that search of Rodriguez’s car was illegal, and the evidence gathered in it should not be used at trial. While officers may use a dog to sniff around a car during the course of a routine traffic stop, they cannot extend the length of the stop in order to carry it out.

“[T]he tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s ‘mission’ — to address the traffic violation that warranted the stop,” Ginsburg ruled. “Authority for the seizure thus ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.”

In its dissenting opinion Justices Clarence Thomas (writing for the dissent), Samuel Alito and Anthony Kennedy disagreed with the ruling, taunting the majority opinion by stating “Had Officer Struble arrested, handcuffed, and taken Rodriguez to the police station for his traffic violation, he would have complied with the Fourth Amendment. “But because he made Rodriguez wait for seven or eight extra minutes until a dog arrived, he evidently committed a constitutional violation. Such a view of the Fourth Amendment makes little sense.” Justice Thomas argued the majorities ruling makes meaningless the legal difference between “reasonable suspicion”- which does not authorize a search of someone’s property and “probable cause” which does and arguing that police can reasonably detain people to investigate other possible violations of the law.

Read the decision here
Rodriguez-v-United-States-USSC-2015.pdf

Rodriguez v United States – USSC-2015 Petition Brief.pdf

 

Planet Green Trees Talk Radio Goes Remote in Berkley

Planet Green Trees Talk Radio Goes Remote in Berkley

April 23-2015 – After 5 years and hundreds of episodes of Planet Green Trees Talk Radio… the ” All about Medical Marijuana Radio Show” broadcasted live on the road. The live event took place at  7pm on Thursday, April 23, at O’Mara’s Restaurant located at 2555 12 Mile Rd., Berkley, Michigan.

Omaras Planet Green Trees_150423_1

O’Mara’s is a local family restaurant with absolutely delicious food and drinks.

 

Although the show usually delves into the minutia of the Michigan Medical Marijuana Association, legal issues and other cannabis reform topics. The plan for that night focused on the Michigan Medical Marihuana Act 101. A bare bones basic discussion to educate the interested about the Michigan Medical Marihuana Act and how to participate in the program with peace of mind.

Hosted by Michael Komorn, a leading medical marijuana attorney in Southfield and the president of the Michigan Medical Marijuana Association along with Chad Carr, Jamie Lowell, co-founder of Ypsilanti’s 3rd Coast Compassion Center, Rick Thompson, from the Compassion Chronicles, Attorney David Rudoi and Steve Milller. Conversation, education and live music happened throughout the evening.

Those who attended gained insight regarding the confusing Michigan Medical Marijuana laws and left with lot more knowledge than they came with.

Listen to the PGT Talk Show Episode 245 here

Prescription Painkiller Deaths Have Fallen

Prescription Painkiller Deaths Have Fallen

According to articles posted by Reuters, CBS and Newsweek. Prescription painkiller deaths have fallen in States that have medical marijuana acts.

“NEW YORK (Reuters Health) – Researchers aren’t sure why, but in the 23 U.S. states where medical marijuana has been legalized, deaths from opioid overdoses have decreased by almost 25 percent, according to a new analysis.”

“In states with a medical marijuana law, overdose deaths from opioids like morphine, oxycodone and heroin decreased by an average of 20 percent after one year, 25 percent by two years and up to 33 percent by years five and six compared to what would have been expected, according to results in JAMA Internal Medicine.”

“Meanwhile, opioid overdose deaths across the country increased dramatically, from 4,030 in 1999 to 16,651 in 2010, according to the Centers for Disease Control and Prevention (CDC). Three of every four of those deaths involved prescription pain medications.”

Of those who die from prescription opioid overdoses, 60 percent have a legitimate prescription from a single doctor, the CDC also reports.”

Read More Detail Here
Prescription Painkiller Deaths Have Fallen

 

Doctor who certified patients for medical marijuana without exams faces sentencing

Doctor who certified patients for medical marijuana without exams faces sentencing

April 6, 2015 – A former Grand Rapids Michigan doctor identified as Gregory Kuldanek who certified some patients and caregivers for medical marijuana cards without in-person evaluations will be sentenced Monday, April 6, in federal court.

Kuldanek pled guilty to conspiracy to manufacture fewer than fifty marijuana plants.

Some excerpts from the article state…

“As part of a plea deal, “at great risk to himself,” he provided testimony against the leaders of an organization that was growing marijuana at various places in West Michigan, his attorney, Kelly Lambert III, said in a sentencing memorandum. Kuladanek testified against Betty Jenkins and Phillip Walsh and his cooperation likely led others to enter pleas.” “Assistant U.S. Attorney Mark Courtade asked that U.S. District Judge Paul Maloney depart from sentencing guidelines because Kuldanek provided substantial assistance to the prosecution.”

“Kuldanek, 58, who had no prior criminal history, has moved to Palm Springs, Calif., with his life partner, a medical assistant. Kuldanek had focused on treating patients with HIV and AIDS. He is unemployed, and is uncertain if his medical license will be taken. He met patients through Jenkins and “actually believed that the patients were in need of medical marijuana for pain relief related to the various medical conditions that they presented with,” Lambert wrote. After a while, Dr. Kuldanek began to rely upon Ms. Jenkins’s word that a particular individual was in need of medical marijuana and that the patient, for whatever reason, was unable to make it to Dr. Kuldanek’s office for an examination,” Lambert wrote.”

Kuldanek began meeting prospective patients at restaurants and other places. Kuldanek admitted he knew that an in-person exam was required.

Police claimed 467 plants and 18 pounds of processed marijuana were seized from the case.

The original article was written by John Agar who covers crime for MLive/Grand Rapids Press.  Grand Rapids Doctor Sentencing-orig

Medical Marijuana Patient Prison Term Could Cost Taxpayers More Than $1.2 Million

Medical Marijuana Patient Prison Term Could Cost Taxpayers More Than $1.2 Million

05/29/2013 – You – The taxpayers… could spend upwards of $1.2 million over the next decade for imprisoning Jerry Duval, a Michigan medical marijuana patient who was convicted of distributing the drug.

An article in the Huffington Post written by Matt Sledge – dated 05/29/2013 goes on to say…

“Duval has a kidney and pancreas transplant, as well as glaucoma and neuropathy. His family grew marijuana on his Michigan farm in part to treat his ailments. But when the Department of Justice prosecuted him in federal court, Duval was barred from presenting evidence of his compliance with Michigan’s medical marijuana law. He will report to prison on June 11.”

“The Federal Bureau of Prisons initially told Duval he would have to serve out his 10-year sentence in a prison that lacked specialized medical facilities but then relented after an outcry from marijuana reform advocates. He will now serve his time at the Federal Medical Center in Devens, Mass. — the same facility where Boston bombing suspect Dzhokhar Tsarnaev is being held because of injuries he sustained during his apprehension.”

In a letter to the Bureau of Prisons’ compassionate release program Duval estimated that preserving his kidneys and pancreas alone would cost more than $100K a year.  Keeping him out of prison would save the federal taxpayer $1.2 million over 10 years.

Duval,  a disabled medical marijuana patient will possibly serve a sentence longer than some child rapists and murderers receive.

Medical Marijuana Patient Prison Term Could Cost Taxpayers

HuffingtonPost.com | Matt Sledge | Posted 05.29.2013