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I am reposting this in the correct area of the CC site so we can track the status of Liam's case.
Christine
SVCPU Spokesperson
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Well folks, unfortunately this is not a good or positive posting. I am one of the next victims to have to appear in court on December 7, 2006 at 1:30 in the Hall of Justice on Hedding Street, San Jose, CA for felony cultivation of (GET THIS) 3 plants. A neighbor called the police about the plants. The police arrived and called the landlord. The landlord arrived and the police cut down the plants that were all ready within 2-5 days. They never once made any contact with me. They took the plants, they took a fake security camera, THEY LEFT THE GROWER STATEMENT IN TACT AND IN THE GROUND! SJPD's finest were then dispatched to my neighborhood over the next 30 days at various times in an effort to make a sales case on me, which (I belive) they were unsuccessful, for the simple fact that I DON"T SELL! When theyree sales bid did not pan out they decided to send me a warrant in the mail. Now here's were it would be funny (were it not me). All the investigating officer needed to do was run my name and find out that I am currently on misdemeanor probation, with copies of my 2005 and 2006 prescription in the file. When he ran my name (assuming he even did that) it would come up PROBATION. It seems logical to then (in his full and complete investigation) to contact the probation officer and ask him about me. At that time the evidence would have been made available to him and the case would of, should have and COULD HAVE been dismissed (or rather NEVER FILED). So I had to ante' up $1,500 on my $15,000 bail to get into a game that I 1. never wanted to play and 2. my best case scenario is winning by not losing. I am confident when my paperwork is presented I will be exonerated but having to peep out my own window (like a tweeker)and be nervous every time the door knocks or I hear a sound...sucks! It is not a pleasant feeling. Especially when I did nothing wrong and in fact was a model example of a MMJ patient. I have a OCBC card for the last three (3) years; was only growing 5 plants (Co. limit is 6 mature)and had my grow permit in plain view. And to show their support for abiding to the letter of the law I get robbed by the police, had to get a loan to cover my bail and face PRISON time. Please feel free to contact me as well as show up for support on December 7 at 1:30 In the Hall of Justice on Hedding Street in San Jose. There is no department number yet. Look on the docket sheet for People vs LIAM BLANEY. Thanks to all.
StayHuman!
12/07/06 Santa Clara County Cultivation Case Support
Liam:
I will try to be there to attend. Is this your arraignment date or pre-trail date? Because if it is the arraignment date, I will not attend as all the judge will hear is your NOT GUILTY plea.
I will attend Pre-Trail if you let me know.
I enjoyed chatting with you recently over your case. Please do not despair and keep fighting this to the end. There is no reason you cannot cultivate your own plants and from what you told me via telephone, your landlord already knew you were growing.
I know how you feel about the having to peer out the window feeling when you hear sounds now but also know that you are NOT required to open your door to the police without a search warrant so if they should want to come to your residence again, do not open the door to them.
I do not go to the Botanical Gardens at San Jose State University anymore because of the uneasy feeling I get there after my arrest in July.
It does appear that you are going way beyond the necessary in getting bailed out etc. etc. but that is your choice to spend the money now and recoup it later.
I would contact the Public Defenders Office IMMEDIATELY--walk in and talk to them about this case BEFORE YOUR COURT DATE WITH A-L-L YOUR PAPERWORK IN HAND. They may be able to assist you in getting the case "Dismissed In the Interest of Justice" before 12/07/06. I would also contact Sinunu's DA offices. Talk to her assistant as she is the Deputy DA still even though she lost the DA election. She and her staff are very helpful. You need to be concise and to the point and you should already have your case number ready.
You should have a case number and call the DA Records to see if you can talk to the DA handling your case as I did with my third case last year. If you have a copy of the Police Report that is all the better but I suspect you do not.
Please advise if the SVCPU can help you with anything else related to your case.
Keep up the Good Fight and Remember It's the Little Guys That Help the Big Guys Out By Fighting for Our Cases too---
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
Thanks for the Support
This willbe the 1st appearance, though you mightwant 2 attend and see how it should work. The Motion to dismiss as wall as the motion for the judge to informally dismiss on his own are already drafted. Spoke with the DA's office about the CO. policy on MMJ (which is me to the letter) SO On December 6, the words Dismissed in the Interest of Justice WILL BE HEARD. Can i get a witness! The only good that will come of this will they will see u can't push/bully everyone abd we have the means, desire, and motivation to have everyone just "do the right thing". Also when i get my plants back.
StayHuman!
12/07/06 Santa Clara County Court Support
Liam:
Is the court date Wednesday, December 6th or Thursday, December 7th. Your original post says the 7th and your recent post says the 6th.
I am glad to hear that you are planning to persue the return of your property. Too bad they do not store it like SJSUPD. Your medicine may come back compromised or not in the same quality as when it was taken.
Do you know I have had FOUR cases in the last FOUR YEARS with these folks? Yes, I KNOW how it is supposed to work but the wheels of justice do not always work in the favor of the "letter of the law or the spirit of the law". I am still waiting for the reurn of my property from the third case last year. I am persuing it because it is the "principals".
Who in the DA's office did you speak with? Did you speak with the DA handling your case and get some kind of indication from them that they are planning on dismissing it? Talking to someone on the phone there is not the same as talking to the DA handling your case. And do you have an attorney representing you or are you going at this by yourself?
Fill me in Liam.
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
12/07/06 Santa Clara County Court Support
Opps. Good eye. It is the 7th of december at 1:30 at the Hall of Justice on Hedding. I realize the plants are more than likely ruined but i just want them back cuz they r MINE. I am contemplating a small claims action against the city and the officer (who has immunity so the city takes over his defense) for wrongfull prosecution and negligence (of not even doing the bare minimum of investigation b4 he went and spent taxpayer money investigating me for a month). The beauty of small claims is they are not allowed to have a lawyer present. But that's for the future. I spoke with a DA and I never told her my name. I was just inquiring. I do have an attorney who is an ex-SFPD and currently is a SF fireman who is also an attorney doing workmaen's compensation cases for firemen and cops. Very Good People! And on the legal note: I want to mention that this is what I do for a living. I'm a 12+ year paralegal currently working in the plaintiff's personal injury area of law, however, I do have a degree from SJSU in Administration of Justice. I'm too familiar with the court system and its shortcomings. If anyone finds themselves in a similiar prediciment, they can feel free to contact me. At this point I am now a mini-expert on 420 law. Of major relevance this tentative ruling just came down:
---California Superior Court judge has now issued a preliminary ruling protecting patients' rights. The ruling states that state medical marijuana laws can co-exist with the federal law that prohibits all use. This was a huge win for patients in all states with medical marijuana laws. Medical cannabis patients everywhere should soon breathe easier," "States can act to protect patients, and local officials are now on notice that they cannot hide behind the federal reluctance to acknowledge medical use.". StayHuman!
12/07/06 SCCo. Court Support
Liam:
Thanks for the clarification of the date. IF I am still in town on the 7th, I will be there to support you.
You are entitled to your plants back in the same condition they were in when they were taken. I was NEVER given back my 5.75 pounds that they took last year but I filed a claim against the City of San Jose through the clerks office and have not heard back from them. My claim was filed for $50K for fair market value of the medicinal cannabis they took and for pain and suffering due to infliction of emotional distress.
What they took from me in November of 2005 was only dirt, stems, and some leaf that one of our growers had given to me to "finish process" and it was not worth anything but I want it back because it is the PRINCIPLE of the matter--you've given it back every time before and since, why not then. It was because the officer I was dealing with at the Property Release, Officer Gutierrez, did not want to give it back. That is why this is such a subjective area for law enforcement.
After my first case, the Sergeant asked me if he could use the copies of my paperwork to train the Narcotics department. OF COURSE, I said sure why not because I believe in educating everyone about the issue that wants to know. He said it was quite informative to have a patient from 1998 with ALL DOCS to work from.
Let's stay on top of these issues, Liam.
Stay Human too!!!
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
Santa clara County Case History
Well today while filing my demurrer as well as Motion to dismiss I was informed that my arraignment on thur December 7 at 1:30 is NOT at the Hall of Justice. It has been moved to the Levi (drug court) annex on Terraine (by Spaghetti Factory and Tied House). It will be in front of Judge Pierce (i believe dept 31). Anyone know anything about the Honorable Judge Pierce. I would love to have some support there to let the courts know that we're not going to take this martial law "my way or the highway" bravado anymore. The law is written and codified...now if the SJPD won't enforce it correctly then we will make the courts make the police. I will be the good-looking bald headed guy in a blue pinstripe suit. I have a short, trimmed beard. Please come up and say hello if you attend. I'd like to meet and thank any1 who does take their time to support me. Trust me folks....My story will not have a unhappy ending.
StayHuman!
Court Support
I will be there at the Levi Court around 1:00 with other members of SVCPU and Compassionate Coalition.
Thur at 1:30 LEVI Court ANNEX COURT SUPPORT Santa Clara Co.
I will personally thank each and all who show up tomorrow and with positive energy i will thank those who thought to themselves "hope that guy gets off". COURT SUPPORT. Just a final reminder, I will be in court for my arraignment on Felony Cultivation charges (of 3 plants)tomorrow: THURSDAY DECEMBER 7, 2006 At 1:30 in Department 63 of the Levi Court Annex (Drug Court) located on Terraine Street, San Jose before Judge Mark Pierce. Anyone who is available I urge you to come by and if all goes as expected you will be able to see the system actually work. We have filed our Motion to dismiss as well as a Demurrer on the complaint (which means we're saying the complaint does not allege facts that constitute a crime so it must be dismissed) both without leave to amend (which means they can't refile on THIS case). Today I had my appt. for a SCCo MMJ card, which will be further evidence of my qualified status. If the county issued me a card how can the DA prosecute me for what they gave me a card to do? WHen (according to them) they don't prosecute MMJ cases. Agian please if you can show up this is more for everyone in the future, not necessarily me. If the court sees a strong showing of support they will eventually get the message to the police to stop wasting their time with these cases. Judges don't like spectators or the public actually attending PUBLIC trials. If no one is there to check them they have carte blance' do do whatever they want. A strong showing will do just that. I will be the shorter bald guy in a blue pinstriped suit. Slight beard growth neatly trimmed. I'll be with my attorney who's about 6'3" blonde hair and looks very friendly. I'll have a brown suede briefcase. Hope to see u there DISMISSED IN THE INTEREST OF JUSTICE!
STAYHUMAN!
Thur at 1:30 LEVI Court ANNEX COURT SUPPORT Santa Clara Co.
I will personally thank each and all who show up tomorrow and with positive energy i will thank those who thought to themselves "hope that guy gets off". COURT SUPPORT. Just a final reminder, I will be in court for my arraignment on Felony Cultivation charges (of 3 plants)tomorrow: THURSDAY DECEMBER 7, 2006 At 1:30 in Department 63 of the Levi Court Annex (Drug Court) located on Terraine Street, San Jose before Judge Mark Pierce. Anyone who is available I urge you to come by and if all goes as expected you will be able to see the system actually work. We have filed our Motion to dismiss as well as a Demurrer on the complaint (which means we're saying the complaint does not allege facts that constitute a crime so it must be dismissed) both without leave to amend (which means they can't refile on THIS case). Today I had my appt. for a SCCo MMJ card, which will be further evidence of my qualified status. If the county issued me a card how can the DA prosecute me for what they gave me a card to do? WHen (according to them) they don't prosecute MMJ cases. Agian please if you can show up this is more for everyone in the future, not necessarily me. If the court sees a strong showing of support they will eventually get the message to the police to stop wasting their time with these cases. Judges don't like spectators or the public actually attending PUBLIC trials. If no one is there to check them they have carte blance' do do whatever they want. A strong showing will do just that. I will be the shorter bald guy in a blue pinstriped suit. Slight beard growth neatly trimmed. I'll be with my attorney who's about 6'3" blonde hair and looks very friendly. I'll have a brown suede briefcase. Hope to see u there DISMISSED IN THE INTEREST OF JUSTICE!
STAYHUMAN!
Court Support in San Jose
I think I can find it...
http://www.sccsuperiorcourt.org/contact/contacts_terraine.htm
http://www.sccsuperiorcourt.org/contact/contacts_terraine.htm
http://maps.google.com/maps?q=115+Terraine+St,+San+Jose,+CA&ie=UTF8&z=16&ll=37.336606,-121.895585&spn=0.014979,0.033989&om=1
"When tyranny is abroad, SUBMISSION is the crime."
- Rev. Andrew Eliot, May 29, 1765
Thanks for the Any /ALL COURT SUPPORT 2 DAY @ 1:30
Criminal Courts Annex 115 Terraine Street (around the corner from Spaghetti Factory and Tied House, diagonal from the 2nd family court building-right at the bottom of the [santa clara street]offramp from 87. TODAY at 1:30 in DEPARTMENT 63. Judge Mark Pierce. The case is People v LIAM BLANEY. I'll see you all there. Let's all observe what the power of many voices channeled in2 1 cause can overcome.
GREAT NEWS-DISMISSED IN THE INTEREST OF JUSTICE
WELL ALL I would like to say that my confidence in the system is somewhat restored. Yesterday my felony cultivation charges were DISMISSED IN THE INTEREST OF JUSTICE WITHOUT LEAVE TO AMEND (meaning they can't re-file) at my arraignment...as they should have been. It was all a rather anti-climatic event (i say this in jest-i'll take a dismissal anyway its given). Whole event took 20 minutes. I want to give a HUGE big-up and much respect to (& I apoligize if i get this wrong) to Jim who showed up at court 2 show his support as someone who's been it my situation before. It was nice to have a friendly smile amonst all the unhappy and dejected faces in the court hallway. Again BIG-Up and MUCH RESPECT TO HIM! as well as anyone who sent positive vibes my way. The next step is to contact the SJPD and ask for my property back and if not returned then file a motion for the return of property illegally seized-which basically says "if the charges have been dropped then u have no reason to keep my stuff, which it is...MINE...not THEIRS". If they do not return it or it has been compromised/ruined or destroyed then I may have monetary judgement. I will ask for $500 per plant. Again, thanks to all. And remember, this is the law. And if the law breaks its own law and persecutes/prosecutes us (patients) do not just take it...fight back(legally)...and rememeber there is a whole community behind you who has your back and will support you through out the whole process. If anyone would like to contact me for help, advice, to commiserate, etc feel free. StayHuman! LIAM
Congratulations Liam
Hi Liam,
I just wanted to personally congratulate you on your victory in court. I am glad Jim could make it out there for support. This type of outcome is very encouraging to everyone else still waiting to deal with their court cases. I wish you much luck in retrieving your property back from the police. Please keep us posted as that progresses.
Sincerely,
Linda Jimenez
The Chairman of Board
The Compassionate Coalition
linda4spg@compassionatecoalition.org
707-635-3752
Congratulations
Thank you. As you can imagine i'm very happy. I did leave a message for the DA today and asked him if my minute order would be sufficient to present to the police or would I be required to file a noticed motion. I told him either one is fine I just need to know how to progress. He (of course) did not call back today. That's ok (i'm sure he's very busy---said tounge in cheek). He'll respond one way or the other. Either informally ---by calling me back or formally in court oppossing my motion. OF course i'll keep everyone appraised.
StayHuman!
Congratulations!
Glad to see justice served. Sorry I could not attend!
Be well!
"When tyranny is abroad, SUBMISSION is the crime."
- Rev. Andrew Eliot, May 29, 1765
DISMISSED Santa Clara County Case
Liam:
I am glad to see that Jim and I think Chuck made it to your court date. I am IMPRESSED that you were able to get your case dismissed. Are you sure you want to limit the amount to $500 per plant or is that because you were growing for yourself that you have placed such a low limit on your plants. Please keep me apprised of what happens with the return of property. Your papers from the courts should be all you need to get your property back. I have not once had to file a Motion for Return of Property in my FOUR CASES IN FOUR YEARS. Despite the fact that they have not returned my 5.75 pounds of dirt, stems, and decaying leaf from my third case, I did file a $50,000 claim with the City of San Jose for "fair market value of my medicinal cannabis" and for "pain and suffering due to infliction of emotional distress". I have not had any response to that and it was filed in March of 06 with the City Clerks office. I now have to go back and get them to give me an answer. I did this because it is the principle of the issue. I have ALWAYS gotten my and my caregivers MMJ returned. I don't really want the stuff back cause I will jsut throw it out BUT THE LAW IS THE LAW.
Do not expect your MMJ to be useable after two-three months in the evidence locker. SJPD does not know how to properly store MMJ (unlike the San Jose Stste University Police). That is why I say you should not limit your dollar amount to $500 per plant.
I am glad that you have prevailed as all MMJ patients in this state should.
Please keep us posted.
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
$500 per plant figure
I do know that i am valueing them low. There were several factors considered. 1st making your demand on the high side tends to detract from the issue. Not to many normal rational minded people (who couldn't get out of jury duty) could rationalize a plant being worth $1,500. We all know the reality but the gen public does not. 2nd the amount $500 is what Allstate has paid on per plant basis for several policy holders who made a claim when the cops came and confiscated their crop. And finally at this early stage in the game what we're tring to do is get a case heard, not thrown out on summary judgement. So i believe if u take a (actual) loss but end up with a win (asked for $500 got $200) Its a big win for everyone who can use that case as precedent.
$500 per plant figure
I fully agree with your methodology on this issue and appreciate the thorough explanation.
EDUCATION IS KEY!!! The law enforcement of SJPD has told many of our core patients and contacts that "they do not know what is going on with the law unless we inform them of it." That speaks volumes.
Peace out,
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
209-984-3804
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
Return of Property _Liam's case
Well to keep everyone updated on the status of the return of my 2 or 3 plants that SJPD is in possession of illegally. I got the initial run-a-round calling different dept. and finally was referred to Sgt. Greg of the narcotics unit. he also tried to blow me off and said the return of my (dummy) security camera would not b a problem but the MMJ would. I asked why. He said that "its still illegal under federal law". I responded "yeah but your SJPD, you’re the city/Co/State...your not the federal government. Your job is to enforce state laws". I also told him that he was incorrect due to current/recent case law. He told me he would look into and get back to me. That was mon. Tues came and no call back, so by 4pm I forced him to reply by faxing him over a letter with current case law as well as the suggesting to review SJSUPD's last three (3) MMJ cases in which THEY returned the property. How was it that UPD does and SJPD does not. Also gave him evidence that he was protected by immunity from any breaking of federal law. I told him that was just a guise to make me go away. Well it worked. He called back. He asked and I sent him copies of my Rx for the last three years and my OCBC cards as well as recent Santa Clara Co. card. He now has everything he should need (even though the minute order from the judge was all he REALLY needed. From my take on the situation I should have my property by thur/fri. NO OF VERY INTERESTING NOTE: He told me my plants were probably "goup" by now. I replied that was fine...but it was MY "GOUP" and I wanted it. He then informed me that they cut 29 grams and dried it. They let my crop that 1st got stolen by my neighbors employees (AND ON THAT SUBJECT...DO NOT DO ANY BUSINESS WITH NATURESCAPES LANDSCAPING BUSINESS or JEFF BROBPST THE OWNER AND CALLER OF THE COPS and then the rest was stolen by the police who then let it get ruined but have enough forethought to safely store and ounce in perfect form to charge me with when they were able. Well they were not and I WANT MY OUNCE. Final parting note. Tuesday the fax went out to Sgt. Greg. at 12:15am wed morning as I was leaving to go over to a friends house I had a SJPD roll through my neighborhood and he took a long look at me when I went by. Is this coincidence or paranoia. Well all I can say is just because your paranoid...doesn't mean they're NOT out to get YOU. I hope the next post talks about my retrieved property. Happy holidays to all. StayHuman!
SCC Return of Property-Liam's Case
Well Liam, it does not surprise me that they (Sgt. Greg) gave you the run around on return of your property. You should've used my three SJPD cases as basis for return of property. As I told you, it is all in who you deal with at the SJPD. I am about three quarters of the people who have had their MMJ returned.
ASA, Rebecca, said she would help us in Santa Clara County and I will begin to open a more deepened dialogue with her. It is time that the SJPD and SJSUPD follow the STATE LAW. It is not uncommon for all PD to quote the federal law crap.
If you cntinue to run into issues with Sgt. Greg-CALL THE CHIEFS OFFICE and talk with Cheryl his secretary or I spoke with Mike Kim the last time (he may not be there anymore--rotated out).
Please do not let the PD intimidate you when they drive by. Hold your head high and be careful what you do at home now. No you are not paranoid, they are watching you and waiting for you to f-- up again or get something on you. When you are on their radar.........
Just keep a smile on your face and look them in the eye because you have done nothing wrong.
Keep us posted and if you need me to go put pressure on Sgt. Greg or whatever you need, let me know. That is my job to help out patients, advocates, and caregivers, and law enforcement too.
"Why is it we are stoners and they don't know the law?"
Peace out,
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
209-984-3804
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
REturn of Property ---EDUCATION IS KEY
I could sense the blow-off from Sgt. Greg so the following day at 3pm after he had not called back I decided to force the issue by faxing him over a letter providing him with 7 reasons/case law who he is suppose to return my mmj. AND yes my 1st point was to look at the last 3 UPD cases. UPD returns MMJ how is SJPD different. I also pointed out that if he's claiming that he's bound by the Controlled Substance act and that returning mmj to me could get him in trouble I pointed out (which he already knows) that he has immunity from prosecution as an officer. He did get back to me after that. He said your currently on probation...I said yes...and had u done the minimal of investigation here you would have know that ahead of time. You could have asked him back then...my PO has copies of my Rx. He informed me he had a call into my PO. I asked him why. He said "well if you have the terms and conditions of no substances I can't return your mmj. I asked what does that have to do with anything (even if there were). I'm asking for the return of my property that was taken by you when you shouldn't have. I did not say I was going to use it. I said its mine and I want it (further if I did have a condition and I did use that would be on me and I would get violated). At that point we got into a discussion about the whole MMJ law in general and it became glaringly obvious that this man probably has not even read the law past the 2nd paragraph. Even though I was a bit frustrated by the lengths I had to go I came to the conclusion that my thinking needed to change. I will get the stuff back (which is not the real issue). What I am now going to do since I have his ear and HE is prolonging my grip on it, I'm going to take this opportunity to EDUCATE HIM ON THE LAW. I must admit that wasn't all my brain smarts coming to that conclusion. My memory directed my back to our esteemed spokesperson, Christine's last post in re $500 figure and EDUCATION BEING KEY! She is all to correct. And I hope to trailblazer the path to make it easier for the next person who is persecuted under cop stupidity and ignorance of the law. Sgt Greg and I seem to have an open dialogue and he is not you normal "my way or the highway" cop. Maybe he got more than the required AA degree to be a cop. But this is not about me being right or my attitude of its mine and I should get it back...cuz ITS MINE! There is a bigger issue here and that is getting law enforcement to recognize that this is the law and its not going away. Deal with it or move on to your next "flavor of the month". And that is what I plan to do. Educate him and his peers and once that begins we can start talking about 6 figure lawsuits or hopefully something more positive like the Santa Clara Co Dispensery who's proceeds from sales tax helped house 50 families for a year or feed the homeless or something of that sort. Party at my house once I have my SJPD cured MMJ.
StayHuman and Happy holidays to all. Especially those on the inside and control of the DOC.
Good luck and thank you.
Good luck and thank you. There are a growing number of enlightened LEOs out there.
This might help:
http://www.americansforsafeaccess.org/index.php
Medical Marijuana Policy Signed by CHP, Attorney General, Governor
http://www.americansforsafeaccess.org/article.php?id=3793
"When tyranny is abroad, SUBMISSION is the crime."
- Rev. Andrew Eliot, May 29, 1765
Education is Key--Do You Want Me to Contact SJPD
Liam:
I would be happy to "open a dialogue" with Sgt. Greg on your behalf if you so desire.
Tell Sgt. Greg to contact Sgt. Gordon (Gordie) Bowen and ask him if he remembers Christine? I bet ya, Sgt. Bowen remembers me all too well and how I did what you are doing to get my property back and MAYBE just maybe Sgt. Greg will have a sudden "change of heart" and do what is the law.
Keep us posted.
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
209-984-3804
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
Return of property
Christine:
I'll take u up on your offer to open the dialogue with Sgt Greg. Any1 for that matter is encouraged to voice your opinion to a Sgt. w/the SJPD NARCOTICS division. His number is 408-277-4115 his fax number is 408-277-4226. On tues i faxed a 3rd letter with even more on-point law along with the ultimatim that i was not jumping through anymore hoops. He was to either return my property by Wed. or I would have a judge order him to return my property. I aslo told him that the motion was drafted, I was just going to revise and make a record of his conduct (or lack thereof) as well as ask the judge for sactions. I also said I would be dropping a press release showing how SJPD steals from its citizens and then says screw u. Any1 is encouraged to contact him. REply to me and i'll 4ward you the 3 letters he's rc'd then you'll be on the same page. I am also going 2 contact the chief and see if a little over-his-head pressure works. I will wait a week or so b4 filing to resolve this informally. But he's not contacted me since before xmas.
I will talk with SJPD for you
Liam:
Please accept my apolgy for not responding sooner--I've been very busy over the holidays.
Do you still wish me to contact the SJPD for you? Go ahead and forward me the emails to the svcpu@hotmail.com account and I will review them and get back with you.
Don't expect much response from the Sgt. Greg or even the Chief's office. If you do not know how to navigate their internal system of workings then it is almost impossible to get to anyone who will talk with you.
Since I have been dealing with them for four years, I have some good contacts within the Chief's office and will do what I can once you give me final okay.
I just LOVE doing this stuff in support of our patients throughout the state and in our County.
Christine Marie Flora
Spokesperson and Board Representive
SVCPU-Silicon Valley Cannabis Patients Union
Santa Clara County Chapter of Compassionate Coalition
209-984-3804
408-509-7656
svcpu@hotmail.com
www.area420.com
www.compassionatecoalition.org
civil
Are you able to file in civil or small claims court for the loss of property or false arrest?
Civil or small claims
U are able to file in eaither court. The difference is the amount your claiming for damages. The only thing u'd have to to prior is file a proof of claim and let the agency reject it before you are able to file a complaint. Note that if you file a complaint and no Proof of claim your ase may dismissed. You have 6 mo. from the incident to file a proof of claim. This is one of teh extra hurdles the government mnakes u jsum b4 u can sue them. Small claims is up to $5k. I suggest this as the forum in most property cases as well as malicious prosecution, wrongful arrest. The beauty is that NEITHER side is able to have an attorney. So you get to go head to head with your advarsary and lets face it...most cops are not intellectual giants, combined with huge doses of arrogance usually lead to a formula of a win to someone who sticks to the RELEVANT FACTS. Good luck.