Drug Crimes, Substance Abuse palm desert police dont respect medical marijuana laws

[Andrewneedshelp]

So last night around midnight i was driving made a turn through an intersection in which a police officer was in the left hand turn lane. I had driven down the road a bit and he then made a u turn on a red light with his light set on. i was confused that they weren't flashing, so i didnt pull over right away. but i figured it out and i did.

I pulled over and the an officer on each side walked up, there was two police cars, and immediately asked me for my license and registration and whether or not if i had been drinking.

i told him i hadn't and he then asked when was the last time i smoked marijuana in my car, i told him i dont smoke marijuana in my car. he then asked if there was any in the car, which i said yes but i have a doctors recommendation that allows me to legally carry marijuana.

At that point he asked the two passengers for their ids, which they gladly gave them. He told me to get out of the vehicle. he searched me and found a small container containing about one gram of marijuana in my pocket.
He told me to sit on the curb and the passengers were also searched by the other officers. Another unit had pulled up by this time.

As i was sitting on the curb i asked another officer why i had been pulled over, he told me he didnt know, that it was on the other officer. i asked why i was searched, he said he didnt know it was on the other officer.

The first officer searched my truck and found less than an ounce of marijuana that was in my back pack in a jar in a bag in the back of my cab, and a scale.

He took the jar and the container and my scale and set them on his car, and sat in his vehicle for a few minutes, where i again asked why i was searched and why i was stopped, the officer went an asked the one in the car. He came back smiling saying that he pulled me over for my trailer hitch on my truck. i wasn't towing anything. but i dont believe that was the original intent for him pulling me over.

He came out telling me that he was going to confiscate my medicine, because i did not have a medical marijuana card, which i do, i have a doctors recommendation. which was in my backpack. He said that i didnt know the laws, and not to argue laws with him because whatever i had, that he never looked at, wasn't legal. He also told me he was to have my truck towed. Just for being in possession. he never performed a sobriety test. I now have to go get my truck and pay 445 dollars to receive it.

i argued a little bit by explaining to him that he shouldn't be taking it. i was under my limit nor was i doing anything illegal. It didn't matter to him he threatened to arrest me, which i didnt want to do, so i said fine do what you would like im taking this to court.

I signed the paperwork describing what he took from me, he gave me a copy. and told me good night. I then asked for my drivers license which he still had, and a copy of the tiket he made me sign, but had forgotten to give me.

The passengers had arranged a ride for us and they were waiting in the car for me. They asked if i had they licenses, nope. So i ran back to the officers and sure enough he had them in his pocket and we were on our way home.


Ive been told i have a fairly decent case and would like any and all help i can get, i cant necessarily go get a good lawyer.

 

[CdwJava]

i told him i hadn't and he then asked when was the last time i smoked marijuana in my car, i told him i dont smoke marijuana in my car. he then asked if there was any in the car, which i said yes but i have a doctors recommendation that allows me to legally carry marijuana.

Understand that marijuana is very pungent, and the aroma stays on clothing and backpacks for a long time, and marijuana carried on the person can also be smelled by those around you.

Also, you have to understand that under CA law the doctor's recommendation does not protect you from the seizure of the marijuana it only offers you an affirmative defense in court. If you were in possession of a state issued DHS card then THAT would make your possession of marijuana exempt from seizure and citation. Unfortunately, most "patients" choose not to get the DHS card for some odd reason ... I suspect it is because they do not want second party scrutiny of their medical reasons. That, and many physicians that issue these cards in bulk discourage their "patients" from seeking those cards through their county health agencies.

As i was sitting on the curb i asked another officer why i had been pulled over, he told me he didnt know, that it was on the other officer. i asked why i was searched, he said he didnt know it was on the other officer.

I don't know why they made the stop, but I suspect that someone smelled the pungent aroma of marijuana and that was what gave probabl cause to conduct the search.

He came back smiling saying that he pulled me over for my trailer hitch on my truck. i wasn't towing anything. but i dont believe that was the original intent for him pulling me over.

His subjective intent is legally irrelevant so long as he had a lawful reason to conduct the stop. And if the trailer ball was obscuring your rear license plate, that gave him reasonable suspicion to detain you for suspicion of a violation of CVC 5201.

He came out telling me that he was going to confiscate my medicine, because i did not have a medical marijuana card, which i do, i have a doctors recommendation. which was in my backpack. He said that i didnt know the laws, and not to argue laws with him because whatever i had, that he never looked at, wasn't legal.

The officer was correct. He is not legally bound to give you a pass by the doctor's recommendation alone.

He also told me he was to have my truck towed. Just for being in possession. he never performed a sobriety test. I now have to go get my truck and pay 445 dollars to receive it.

Now, THAT I am a little fuzzy on. Did he give you any paperwork for the tow? What Vehicle Code section was listed in the "Authority" box on the form? I cannot figure out what code section was used for that one unless he is charging you with sales o something serious (in which case, you would have been taken to jail for a felony).

You should request an impound hearing with the agency ASAP.

As for the charges, what were you charged with? (Code section, please)

If CVC 23222(b) or H&S 11357(b) then you can raise your recommendation as a defense. The DA or the court may want to hear from your physician to assert that you have a medical reason for the recommendation, or they may not. In my county the DA's office has had a ZERO percent compliance from physicians and it is likely yours won't be too willing to stick his neck out if required to, either. But, with the feds backing off of marijuana prosecutions, maybe the doctor will feel a little braver.

 

[Andrewneedshelp]

Well i guess i was given a weed ticket. What it says on the ticket is:

23222(b)vc . Driver in possession of marijuana.

under infraction the letter m is circled.

My concern on the situation is; why would i have to go through the process of a recommendation if they aren't going to honor it?
Well i will have to talk to my doctor then and find out what he thinks. Cant do that till monday tho.

Isnt that one of the codes you mentioned? what does this mean?

And what do you mean an impound hearing? With the company that had my truck? the man at the counter was telling me something about it not having to do with them and i have to handle the issue with the police involved.

 

[raskalnikov]

Maybe it's like open container. . . maybe when you but the marijuana and drive, it has to be "out of your grasp" while you travel. . .

or maybe not.

 

[mightymoose]

Agreed. The doctor recommendation is not enough. You need both documents.
As for your hitch, it likely obstructs one of the numbers on your license plate, and though you may think it is silly, it is a legitimate reason for a traffic stop. Nothing is supposed to obstruct your plate. If you don't want to be stopped from time to time, remove the hitch when not using it.
One they had you stopped, if the scent of marijuana was strong enough, then that was all the reason they needed to remove you and search the car. Besides that, YOU TOLD THEM there was marijuana in the car.
I suspect you got towed because of the scale. The marijuana, in combination with the scale, can suggest sales. The is more true if you have a large quantity of cash on you or if packaging materials are also found. You will be able to argue in court that you feel the tow was inappropriate and the judge will have the discretion of reimbursing you for the tow cost... but don't count on it. However, as CDW says, if they suspected sales you should have been arrested. Was the registration on the car current? Were you cited for any other violations? Either the police or the tow company can tell you the authority code that the vehicle was towed under... find out what that code is.... it should be VC 22651 plus a letter.
Anyway, in spite of what others have told you, you don't have much of a defense to anything, other than that you might be able to get your car back without paying the fees if it is found to be an improper tow. Based on their observations and your statements, everything they did is legit.

 

[CdwJava]

Well i guess i was given a weed ticket. What it says on the ticket is:

23222(b)vc . Driver in possession of marijuana.

under infraction the letter m is circled.

That is because it is technically a misdemeanor ... though, it is one of the very few misdemeanor offenses not punishable by jail time.

My concern on the situation is; why would i have to go through the process of a recommendation if they aren't going to honor it?

Because Prop 215 was a poorly crafted proposition and failed to include appropriate language or clarification to properly identify the issue. Not to mention the fact that *I* could print a realistic looking recommendation on my home computer, so how is an officer to know if your recommendation is real or not? Applying for the DHS card effectively certifies that the Health Department has reviewed the doctor's recommendation and asserts that a real doctor gave the recommendation for a purportedly legitimate reason.

Isnt that one of the codes you mentioned? what does this mean?

It means you were cited for being in possession of less than one ounce of marijuana while being the driver of a motor vehicle.

And what do you mean an impound hearing? With the company that had my truck?

No. The law enforcement agency that authorized the impound is required to provide you a hearing within 48 hours (two business days) of your request. The hearing is to evaluate the circumstances of the impound and give you an opportunity to dispute the reasons for the impound. Without knowing what code section the officer cited as the authority for the impound, I cannot say whether it might be valid or whether the officer messed up.

the man at the counter was telling me something about it not having to do with them and i have to handle the issue with the police involved.

Yep. Contact the agency that had it towed. But, you might consider getting the car out now, because the daily storage fees will just go up. If you prevail at your hearing, the city would hopefully reimburse you some or all of the impound and storage fees.

 

[Andrewneedshelp]

My doctors office is open for verification almost 24 hours a day. I am certain he could have called and found out i was a legitimate patient. So at that why would he ignore it and assume i fabricated it? I thought i was innocent until proven guilty?

I found the number for my tow its 22651(h)(i) v.c

So what are my next steps? where do i go from here?

at this point, as far as i know, im to contact the palm desert police station and arrange an impound hearing? it was a palm desert officer who arranged the tow and confiscation. Other than that i need a helpful hint.

oh and i already got my truck. i have a delivery company i work for and use my own vehicle so i would've been S.O.L.

 

[CdwJava]

My doctors office is open for verification almost 24 hours a day. I am certain he could have called and found out i was a legitimate patient. So at that why would he ignore it and assume i fabricated it? I thought i was innocent until proven guilty?

The law does not require him to make such a contact. And I am amazed that the doctor's office is open 24/7 ... of course, if they verified a medical recommendation over the phone, there could be some HIPAA issues, so I would be further amazed if they did so.

This is just one reason why you should seek out the DHS card - to avoid these sort of problems in the future.

Here is a link to obtain the state card in Riverside County:

http://www.rivcoph.org/phsvcs.htm#ph25a

So what are my next steps? where do i go from here?

You also need to be sure to show at court at the date, time and location indicated on the citation. If you wish to contest the charges, you will need to plead "not guilty" and proceed to trial. A date will be set in the future ofr a trial date. Since no jail time is applied, you will likely NOT have the opportunity of appointed counsel. So, you will either have to defend yourself or hire your own attorney.

at this point, as far as i know, im to contact the palm desert police station and arrange an impound hearing? it was a palm desert officer who arranged the tow and confiscation. Other than that i need a helpful hint.

If the authorizing agency was the Palm Desert Police Department (and they are actually contracted from the Riverside Sheriff's Department), then you need to contact them on Monday to arrange the hearing.

http://www.palmdesertpolice.org/index.html

oh and i already got my truck. i have a delivery company i work for and use my own vehicle so i would've been S.O.L.

If you have a commercial driver's license, smoking marijuana can cause you no end of headaches and legal difficulties.

 

[Andrewneedshelp]

SO i just made the appointment for the tow hearing. Its on tuesday at 1:30.

But the lady on the phone said the code for the tow meant the driver was arrested, in which case i wasn't. does this mean anything of value?
ANd thanks for all the help so far.

 

[CdwJava]

SO i just made the appointment for the tow hearing. Its on tuesday at 1:30.

But the lady on the phone said the code for the tow meant the driver was arrested, in which case i wasn't. does this mean anything of value?
ANd thanks for all the help so far.

It means that the officer likely indicated that the tow was for CVC 22651(h). Technically, you WERE arrested as you were released on your own recognizance with a citation. However, this should NOT justify a tow.

One of two conditions must be met in order to tow a vehicle under 22651(h). The first is that the driver or person in control of the vehicle is arrested and taken into custody, and, the second is when an officer serves a notice of an order of suspension or revocation pursuant to section 13388 (the "Zero Tolerance" law). (Veh. Code, §§ 40302, 40302.5, 40303, 40305; Pen. Code, §§ 849a, 853.6a.)

Additionally, case law provides that although section 22651 provides statutory authority for impounds, an officer must have a justification for the impound that satisfies the "community caretaking" exception to warrant requirement as well. (Williams (2006) 145 Cal.App.4th 756; Miranda (9th Cir. 2005) 429 F.3d 858.)

Unless the agency is trying to play CYA, they should recognize that this impound was improper.

 

[Andrewneedshelp]

ok wow, well like i said there was never even a sobriety test,
And does this mean they have me recorded as being arrested again? the first time being years ago as a minor.

And what is meant by CYA? sorry for the ignorance. Hopefully they wont be trying that. =p

 

[CdwJava]

ok wow, well like i said there was never even a sobriety test,

You were not charged for DUI so why should there have been?

And does this mean they have me recorded as being arrested again? the first time being years ago as a minor.

That depends on who "they" is. Unless you are booked (fingerprinted) at some later date, this will not likely be on your state criminal offender record.

And what is meant by CYA? sorry for the ignorance. Hopefully they wont be trying that. =p

CYA means "Cover Your A**" ... in other words, unless they are trying to protect themselves from having to reimburse for the cost of the impound, they should recognize that this impound was not proper per CVC 22651(h) (unless you left some pertinent details out).

The officer should not have towed the car if he released you at the scene with a citation and did not take you to jail or the police station to release you with a citation. Even then, towing your car would have been questionable unless it met the community caretaking exception.

 

[Andrewneedshelp]

Well i did have a bunch of cash on me from xmas/work that im sure didnt make it look good, but he never mentioned anything about it so i didnt think it was an issue....could that have anything to do with it?

 

[CdwJava]

Well i did have a bunch of cash on me from xmas/work that im sure didnt make it look good, but he never mentioned anything about it so i didnt think it was an issue....could that have anything to do with it?

It might have, but it is irrelevant as they did not charge you with sales or even seize the cash as evidence, did they? So, it should not be relevant to the tow authority.

 

[Andrewneedshelp]

No they didnt take any cash as far as i know.

Yeah that was my thinking, and that's why i hadn't mentioned anything till now. We will see how things go tomorrow.


What is the likely hood of me haveing to pay a fine for the weed ticket?
and also is there any chance of me getting my medicine back?

 

[CdwJava]

What is the likely hood of me haveing to pay a fine for the weed ticket?
and also is there any chance of me getting my medicine back?

The chance of paying a fine is pretty good ... the chance of getting your weed back is not too likely. But, if the DA refuses to file and the agency doesn't have qualms about returning marijuana in violation of federal law, then you will probably get it back. It might not have been stored well, so there is no saying what kind of condition it might be in, but you might get it back.

My recommendation would be to go out and get the DHS card. Then, leave your "medicine" at home and don't transport it around.

 

[Andrewneedshelp]

So the tow hearing came and went.

The officer at the station said that we had to wait till after the holiday, the officer that made the report was off work,so he couldn't get the report, and then there was the holiday, so i guess he wasn't working then either, so i was told i would receive a call after the holiday.

I didnt hear frim them son on the fifth i called them. I spoke with the same officer from the station and he said that he had passed the case on to Sargent Adams, and that he was to call me when he cam in that evening. Again a couple days passed with not a peep from them so i called back. And the same officer said someone else had the case, and i cant recall their name, and that they would call me that evening.

I still havent heard from them.

I have since driven out to riverside to get my state/county card to prepare my self for court. The polite woman in the office the gave me a nice packet of papers to look through that she said my county follows.

I will have the actual card no later than the 21.

At this point i really am confused with them at the station. Any particular reason for the police to be lagging like they are?

 

[CdwJava]

Two possibilities for the delay in the hearing come to mind. The first is that the agency is either unaware - or unconcerned - of the laws covering storage hearings, or, they understand they oopsed and are simply dragging their feet to delay the inevitable.

I would still like to know the CVC section cited for the tow authority. If for 22651(h), and cited and released at the scene for the marijuana, the community caretaking element required from the two does not exist. I think they will have to eat this one.

 

[Andrewneedshelp]

I received a peice of paper in the mail shortly after the tow hearing, it was my copy of the notice of stored vehicle (22852 VC)

on it says storage authority/reason 22651(h)(i) vc.

this is the only document i have with that information. i had the people at the storage facility give me a copy of theirs, and it disappeared at the tow hearing.

 

[CdwJava]

Yep, that is what I expected. And, based upon what you have told me, the tow was not proper given the recent case law mandating that a community caretaking element be present.

I forget,were you arrested and taken to jail or a police station? Do you have a valid driver's license?