The signature is the assurance that a judicial officer has found that law enforcement has made the requisite probable cause showing, and serves as notice to the citizen upon whom the warrant is served that it is a validly issued warrant.   Without the signature, it is merely an “unfinished paper.” Davis, supra;

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The signature is the assurance that a judicial officer has found that law enforcement has made the requisite probable cause showing, and serves as notice to the citizen upon whom the warrant is served that it is a validly issued warrant.   Without the signature, it is merely an “unfinished paper.”  Davis, supra;.

What constitutes due process of law?

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OneSquareLight

The Fifth Amendment states:

No person shall…be deprived of life, liberty, or property, without due process of law…

What does the “due process of law” really mean? What ever it is, it is the thing that allows the government to deny the individual of life, liberty, and property. As such, I feel compelled to understand it.

The fourth amendment states 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 without a warrant. To get a warrant law enforcement officials must prove “probable cause”.

So Constitutionally speaking, a warrant is the first step in the “due process of law”.

But the fact is, law now permits search and seizure without a warrant.

“The Supreme Court has held that searches and arrests can be performed without a warrant under some circumstances. Most notably, arrests and searches…

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Decision making on medical marijuana program improvement bills now expected 4/26/13

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Fresh Approach Hawaii

4/19/13: At the Conference Committee hearing on SB 642 (improvements to the Medical Cannabis program) and HB 668 (the transfer of the Medical Cannabis program to the Department of Health), the Conference Committee originally decided to delay decision making until Tuesday, April 23, at 2:30 pm so that both the Senate and the House could draft a Conference Committee draft (CD 1). However, decision making was further pushed back from Wednesday and Thursday and  is now expected on Friday, 4/26.

The Committee discussed removing the tobacco portion (Part 1) of SB 642 so that the SB 642 just has medical cannabis content and agreed to removing Part 1 (the tobacco portion) from SB 642.

Both the House and Senate will present a CD1 draft of SB 642 and HB 668 that would amend the bills either by:

  1. Separating out the transfer of the program and the improvements, so the transfer to…

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Physicians Recommend Marijuana for PTSD, Parkinson’s Disease. Autism is up next.

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Cannabis For Autism

Michigan will soon be deciding whether to add autism to its list of  ailments justifying a patient’s inclusion in the Michigan Medical Marihuana Program (MMP).

“The next two illnesses to be considered by the Panel are autism and asthma. Michigan residents are already promising to come out in force to support the addition of these ailments to the list of qualifying conditions. The Panel’s next hearing date has not been set as of this writing.”

Read more about the latest news on the Michigan program.

Read about autism and cannabis from the compassion chronicles.

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Rich Neill’s 4th Amendment war with Michigan

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Rich Neill's 4th Amendment war with Michigan.

The Michigan Supreme Court is going to decide sometime this year to hear oral arguments in my civil rights violation case, currently Unpublished Opinion # 310561 of the Michigan Court of Appeals. This is the second time that I have been to court regarding 4th amendment violations.
The second charge for controlled substance possession was properly thrown out of court at the District Court level. An Emmet County Sheriff’s Officer that was present at the raid on Pleasant St. that I appeal now came to our new house a couple of miles out of town. A 100 year old farmhouse, Barbi and I moved in just prior to Christmas 2010. A neighbor called the Sheriff to complain about strange White Van’s in the driveway. My dad’s work van, my white jeep, my sister’s white passenger van. Over a month I have been Parking in that driveway, saving money to start remodeling.
The same Sheriff’s Officer, after interviewing the complaint maker, determined that no work must be being done on the house because there is no “lumber in the driveway”, and because the home was abandoned for a decade, chose to do a “knock and talk”. After running the plates on my sister’s vehicle, determining it was her, and approaching the home to see “why she was there”. This officer immediately called S.A.N.E., or the Straits Area Narcotics Enforcement Team, stating that he smelled the “strong odor of growing marijuana”. This same officer neglected to tell the Magistrate that he knows my sister, knew she was a patient, and failed to give this obviously important information to the issuing Magistrate when he approached her for a warrant.