Saturday, November 9, 2013

Mendocino County Court finds valid medicinal cannabis ID card to pre-empt probable cause for Police vehicle search

"Ukiah Attorney Eric Rennert fighting for right of valid 215 patients to NOT have their car searched for probable cause"  
2013-11-09 from "Mendocino Country Independent Newspaper"
Eric Rennert writes: Hello, all. I just won my 1538.5 on the issue of probable cause to search a vehicle with the presence of marijuana when my client presented a valid 215 card. It is a case of first impression in California and I'm hoping the DA will file an appeal so I can move this up through the courts and get it published-then to the C/A, and, in my wildest dreams, to the Cal Supremes.
Obviously, the courts have been dodging the issue since the Compassionate Use Act passed in '96. It is almost the perfect test case. I will make Judge Moorman's written decision available to all and am still trying to figure out how I can use it, for the time being, as at least persuasive authority here in our local jurisdiction.
I will try to post it here, and also on the Claraweb/CPDA site. Carly Dolan, recently promoted to Assistant Public Defender for Mendocino County wrote the brief, and I took the case on with an extensive oral argument which started with the Rule of Lenity, on to the Founding Fathers, the 1st, 4th, 5th, 9th and 10th Amendments, with my theme being, "Porn, Pills, Pistols, Pot." (Context is everything, and no, the possession of marijuana does not require and 'Affirmative Defense')
The case is: The People vs. Kevin Hawkins, SCUK CRCR 13-71986, 11/8/2013, Judge Ann Moorman, Superior Court of California, County of Mendocino. Not Published (yet). "The defendant's motion to suppress the search of the car for lack of probable cause is granted. (annie at el sol)

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