bsemaj
New Member
In late 2004 I was arrested for having 9.73 grams of medicine. In 2005 the day of trial the State Prosecuting Authority filed a motion to dismiss my case because I had a valid authorization CONTRACT from my specialist. The court disposition of property said RETURN TO OWNER. The judge though wrote on a separate order dismissed without prejudice. The court never ELECTRONICALLY entered the PROPERTY disposition order into their system but, did enter the other order into their system. This gives the impression to anyone reviewing the court file that, I am up for investigation because the case file says DISMISSED WITHOUT PREJUDICE yet, the other order shows this is not true as once the state gives your medicine back, they convert the illegal possession of this type substance into possession of lawful type substance which is not unlawful to posses, use, cultivate.
In the mean time, officers have after this case was dismissed decided since the order signed by the judge reads dismissed without prejudice means I am open game to harass and steal from, without any worries of getting in any trouble for their illegal acts. They started just taking my meds and using it for their own recreational purposes. No, they did not turn in my medicine or even tell anyone they took them from me. One went even as far as to take my D/L and keep it, telling me I can not possess a D/L... LOL. He removed approx. 1/8th out of my jar and gave it back to me once his partner explained to him he WILL end up in court over taking my meds and to give them back... So he did but, kept the above.
Subsequently after this specific officer taking my D/L, I went down to the prosecutors office and requested he contact his client to demand the return of my D/L and my 1/8th... a week or so went by and heard no word from anyone.. So i contacted the prosecutors office again and was told maybe I should file a claim against the officer.. So I did, I filed a citizens criminal complaint under WA. state Ct. CLJ rule CrRLJ 2.1 (c) which is a P.C. affidavit filing process which any citizen may file a P.C. complaint with the court clerk in place of the prosecutor. Although, ONLY the prosecutor may actually prosecute the case once P.C. is found.
The idea behind this type of motion is so any citizen may protect their rights when the government won't. This specific rule is used to find P.C. against public employees for liability purposes when the prosecuting interests conflict, I call it a precursor to filing a serious claim against any government employee when you know the conflict is apparent. i.e. the state will not file a criminal case against a law enforcement officer whom just took your property... theft of medicine, or property with ceiling amount in each state which it's elements are a gross-misdemeanor or a misdemeanor.
Anyhow, subsequently after filing this case in court in my county, I was going to see my son on the other side of the state but, 1st needed to pick up some legal files from the print shop for a case he filed. On my way to the print shop in another county, a WSP trooper came flying up behind me, so I pulled over. He went flying past me without even a blink. I pulled back out on the road and about a mile or 2 up the road he had a truck pulled over.. but, he was still in his car with the window 1/2 way down signaling me to pull over...So I did. He went to the truck window and spoke with the driver.. the driver then pulled out on the road and left.
I trooper then proceeded to my car. He asked for my D/L !! Which was in an envelope which I got in the mail just before I left. I handed him the envelope to open as a witness to it being my D/L sent to me by this other LEO.. He denied to saying it could have a poison in it... DID YA CATCH THAT?? A poison? lmfao. Anyhow, he goes back to his patrol car and calls the local prosecutors office for instructions of what to do next... SINCE I DIDN'T HAND HIM MY D/L I COMPLAINED THE OTHER LEO STOLE FROM ME..This guy couldn't write in his report I am a liar. i,e, can't charge me for a crime, YET!!
So upon his return this officer with his metal clip board raps on my passenger side window for me to roll it down...So I did to receive my ticket for some unknown reason. Dude hands me the ticket at the same time unclasping his side arm whilst taking 2 steps backwards and yelling give me all your marijuana NOW!! Where is it?? I thought this clown was going to shoot me for sure beings I fight prohibition as hard as I do...
My hands went in the air as I didn't have a gun with me to even the odds at this moment..lol. I pointed to my glove box, in which he helped himself to ALL my 30+ grams yet, ONLY reported he turned in 9.59 grams he took from my possession. He also took my court certified authorization so I couldn't claim I was legal.. He gave me a TRAFFIC CITATION but, nothing for the medicine he took... I filed a motion to object to the citation. I subsequently had the case dismissed under pretext. The state never appealed the courts ruling..
Subsequently, I called the prosecutors office to ask for a good day to come pick-up my meds... approx. 45 days later I get summoned to court for possession of marijuana. HUH?? It appears the prosecutor has gone out and decided to charge me after contacting a clinic OWNER, not my signing health-care practitioner according to statute... This person claimed I had a legal contract with them instead, even though this specific person has no license to practice medicine which is against all public policy. Needless to say, my Affirmative defense was denied with the court and state making claim I am not a valid patient with qualifying conditions...
My case is now on appeal with the superior ct... This case will most likely end up at our supreme court level as I have subsequently been informed I was used as a TEST case.. RIGHT FROM THE GET GO. UPON SIGNING OF MY AUTHORIZATION BY THE PHYSICIAN..
I find it very interesting how in a cannabis case our public employees will commit some heinous acts against citizens it would not normally do. Upon researching why this phenomena exists, I found the DEA has contracted with our local LEA/LEO to be federal agents for liability purposes ONLY. Even though the signed contract specifies all liability goes to the LEA, not the DEA. A specific case here in WA. found out about these specific tactics..
THE DRUG WAR FUNDING.. in WA. state we have what is called CTED, community, trade, and economic development which just so happens to offer to LEA the Bryne grant. This grant is a MATCHING GRANT for the funds spent by local LEA/LEO ... matching the state tax dollars spent on the war on drugs... The problem here lies in the fact that this is actually a QUID-PRO-QUO UNDER FEDERAL LAW OF THE HOBBS ACT wire and mail fraud statutes.
I just subsequently found out that approx. 3 yrs prior to my conviction an investigation was launched against me.. this started after my case was dismissed in 2005 because of the order stating DISMISSED without prejudice.. ah, IN RES !! yet, the IN REM was converted to lawful property in which no monies maybe used, spent, stolen from the budget tax base by false pretences.. no in res exists without in rem violation NOW DOES IT, at least associated with cannabis. No violation occurs without the ILLEGAL CANNABIS type substance.
I am very interested to see what this appeal is going to bring to us patients in WA. after the Fry case last year.
Our Attorney General in 2009 in a petition to re-schedule cannabis made claim cannabis is an HERB, not a CONTROLLED SUBSTANCE...
The claim could be interpreted as our statute criminalizing cannabis specifically is invalid because the officer of the court lacks jurisdiction to file any P.C. as an HERB is not illegal under our statutes.
I sure hope the courts agree with the AG, as this would seriously undermine ALL prosecutions since this person took office... Knowingly bilking millions from our tax coffers under a federal grant contract is a federal criminal act.
If they do, this would be a serious blow to the war on drugs.
In the mean time, officers have after this case was dismissed decided since the order signed by the judge reads dismissed without prejudice means I am open game to harass and steal from, without any worries of getting in any trouble for their illegal acts. They started just taking my meds and using it for their own recreational purposes. No, they did not turn in my medicine or even tell anyone they took them from me. One went even as far as to take my D/L and keep it, telling me I can not possess a D/L... LOL. He removed approx. 1/8th out of my jar and gave it back to me once his partner explained to him he WILL end up in court over taking my meds and to give them back... So he did but, kept the above.
Subsequently after this specific officer taking my D/L, I went down to the prosecutors office and requested he contact his client to demand the return of my D/L and my 1/8th... a week or so went by and heard no word from anyone.. So i contacted the prosecutors office again and was told maybe I should file a claim against the officer.. So I did, I filed a citizens criminal complaint under WA. state Ct. CLJ rule CrRLJ 2.1 (c) which is a P.C. affidavit filing process which any citizen may file a P.C. complaint with the court clerk in place of the prosecutor. Although, ONLY the prosecutor may actually prosecute the case once P.C. is found.
The idea behind this type of motion is so any citizen may protect their rights when the government won't. This specific rule is used to find P.C. against public employees for liability purposes when the prosecuting interests conflict, I call it a precursor to filing a serious claim against any government employee when you know the conflict is apparent. i.e. the state will not file a criminal case against a law enforcement officer whom just took your property... theft of medicine, or property with ceiling amount in each state which it's elements are a gross-misdemeanor or a misdemeanor.
Anyhow, subsequently after filing this case in court in my county, I was going to see my son on the other side of the state but, 1st needed to pick up some legal files from the print shop for a case he filed. On my way to the print shop in another county, a WSP trooper came flying up behind me, so I pulled over. He went flying past me without even a blink. I pulled back out on the road and about a mile or 2 up the road he had a truck pulled over.. but, he was still in his car with the window 1/2 way down signaling me to pull over...So I did. He went to the truck window and spoke with the driver.. the driver then pulled out on the road and left.
I trooper then proceeded to my car. He asked for my D/L !! Which was in an envelope which I got in the mail just before I left. I handed him the envelope to open as a witness to it being my D/L sent to me by this other LEO.. He denied to saying it could have a poison in it... DID YA CATCH THAT?? A poison? lmfao. Anyhow, he goes back to his patrol car and calls the local prosecutors office for instructions of what to do next... SINCE I DIDN'T HAND HIM MY D/L I COMPLAINED THE OTHER LEO STOLE FROM ME..This guy couldn't write in his report I am a liar. i,e, can't charge me for a crime, YET!!
So upon his return this officer with his metal clip board raps on my passenger side window for me to roll it down...So I did to receive my ticket for some unknown reason. Dude hands me the ticket at the same time unclasping his side arm whilst taking 2 steps backwards and yelling give me all your marijuana NOW!! Where is it?? I thought this clown was going to shoot me for sure beings I fight prohibition as hard as I do...
My hands went in the air as I didn't have a gun with me to even the odds at this moment..lol. I pointed to my glove box, in which he helped himself to ALL my 30+ grams yet, ONLY reported he turned in 9.59 grams he took from my possession. He also took my court certified authorization so I couldn't claim I was legal.. He gave me a TRAFFIC CITATION but, nothing for the medicine he took... I filed a motion to object to the citation. I subsequently had the case dismissed under pretext. The state never appealed the courts ruling..
Subsequently, I called the prosecutors office to ask for a good day to come pick-up my meds... approx. 45 days later I get summoned to court for possession of marijuana. HUH?? It appears the prosecutor has gone out and decided to charge me after contacting a clinic OWNER, not my signing health-care practitioner according to statute... This person claimed I had a legal contract with them instead, even though this specific person has no license to practice medicine which is against all public policy. Needless to say, my Affirmative defense was denied with the court and state making claim I am not a valid patient with qualifying conditions...
My case is now on appeal with the superior ct... This case will most likely end up at our supreme court level as I have subsequently been informed I was used as a TEST case.. RIGHT FROM THE GET GO. UPON SIGNING OF MY AUTHORIZATION BY THE PHYSICIAN..
I find it very interesting how in a cannabis case our public employees will commit some heinous acts against citizens it would not normally do. Upon researching why this phenomena exists, I found the DEA has contracted with our local LEA/LEO to be federal agents for liability purposes ONLY. Even though the signed contract specifies all liability goes to the LEA, not the DEA. A specific case here in WA. found out about these specific tactics..
THE DRUG WAR FUNDING.. in WA. state we have what is called CTED, community, trade, and economic development which just so happens to offer to LEA the Bryne grant. This grant is a MATCHING GRANT for the funds spent by local LEA/LEO ... matching the state tax dollars spent on the war on drugs... The problem here lies in the fact that this is actually a QUID-PRO-QUO UNDER FEDERAL LAW OF THE HOBBS ACT wire and mail fraud statutes.
I just subsequently found out that approx. 3 yrs prior to my conviction an investigation was launched against me.. this started after my case was dismissed in 2005 because of the order stating DISMISSED without prejudice.. ah, IN RES !! yet, the IN REM was converted to lawful property in which no monies maybe used, spent, stolen from the budget tax base by false pretences.. no in res exists without in rem violation NOW DOES IT, at least associated with cannabis. No violation occurs without the ILLEGAL CANNABIS type substance.
I am very interested to see what this appeal is going to bring to us patients in WA. after the Fry case last year.
Our Attorney General in 2009 in a petition to re-schedule cannabis made claim cannabis is an HERB, not a CONTROLLED SUBSTANCE...
The claim could be interpreted as our statute criminalizing cannabis specifically is invalid because the officer of the court lacks jurisdiction to file any P.C. as an HERB is not illegal under our statutes.
I sure hope the courts agree with the AG, as this would seriously undermine ALL prosecutions since this person took office... Knowingly bilking millions from our tax coffers under a federal grant contract is a federal criminal act.
If they do, this would be a serious blow to the war on drugs.