Michigan Raid - Advice and Thoughts - Please

[Kushy]

Almost six months ago my house was raided. Instead of going into detail, here is a link to a letter to the editor that I wrote in regard to the raid:

October 8, 2012
Dear Editor,
What constitutes as probable cause? This is one of many questions that has been going around in my head, since my house was raided last Wednesday!
Last Wednesday should have been a celebratory day in my life, my boyfriend had just bagged a trophy buck and it was the eve of my birthday. My festive spirit was quickly halted when I received a call from TNT informing me that they were at my house. When I returned home from work, I found many police cars and officers at my house. My boyfriend had been detained in a police car, and officers were going through my personal belongings. I found out later, the officers bust into my house, and had my boyfriend and house guest at gun point.
I was told that based on two tips from informers and my boyfriend's history, they felt just cause in raiding my house, instead of knocking on the door and politely asking, which they said was usual protocol!
One of the informers had told police that my boyfriend, Zach Booher, had an illegal marijuana grow room and was manufacturing marijuana. The second informer, which was a recorded citizen tip, stated that Zach was selling crack laced joints. Both, of which, were lies!
Zach told the officers, as soon as they entered, that there was a grow room. The room belonged to me, and I had my medical marijuana card. They proceeded anyway. If there had been an investigation, why didn't the officers know this bit of crucial information before they came to my house? They found no evidence of other illegal substances! They also found no evidence of any type of sales. They found nothing out of the ordinary, except a few immature plants over my limit and a few pills with no prescription attached.
The medical marijuana laws are "milky." Although there is a limited number of plants allowed, what really constitutes as a plant? The few that were removed from my house were small immature plants that contain no THC. But that is another question, and another facet to my story.
The point to my letter, is why did the police feel justified in raiding my house? They raided based on hearsay and prejudice of my boyfriend's history. I will admit that he has been in trouble in the past, but did his time. Over the past year has not been in trouble, and basically living a happy quiet life. Nothing in his past was drug related.
Now we can only speculate on who these two informants were. I have heard that people, who get charged with drug crimes can have their charges reduced, if they rat out other people. So am I to believe that all this went down, because of two liars, who were hoping to get out of their legal troubles?
The officers individually interviewed Zach, my two house guests, and me. All of our very stories completely dispelled the lies that the informants relayed to the police! And reconfirmed exactly the scene, of what that the officers found in my house.
I have suffered public humiliation, personal violation, not to mention a pretty shitty birthday, all because a couple unreliable informants didn't tell the truth. I won't go as far to say there was any type of harassment, but that could be a fine line, kind of like the medical marijuana law.
What the officers did was legal. They are protected by governmental immunity, or some such term a lawyer told Zach. That still does not make it right.
In conclusion, I would like to say that I'm a very positive person, who spreads peace and love everywhere I go. A little naive, perhaps! My faith is now being tested, as my life has now taken an unexpected turn, all at the hands of rumors and prejudice. Rumors and prejudice! Pretty much what is wrong the world these days! How are we supposed to defend ourselves in a society where cops believe the words of known drug users, as opposed to hard working citizens, who are trying to make the best life possible and abide by the government laws, no matter how "milky" they may be. Was justice really served?

In short, cops received two tips that my boyfriend was manufacturing and selling illegally. Because of these tips and his past history (not drug related), the cops got a warrant and bust in my house. I was not home. My BF announced that I was a card holder, but they didn't believe him, and searched anyway. When I got home, I was questioned and confirmed I was a card holder.In the end, all they found were 8 plants over and 4 ritalin pills. A fluke they were there, as I may be a pothead, but not a pill popper. They left with no one charged.

Fast forward to last Friday. At 7pm on a Friday night, a cop shows up at my door with a warrant for my arrest. The charges were possession of MJ and use of ritalin. I spent my first night ever in jail. Friends say I was treated like a murderer.

Obviously, I have a million questions. Ill post a few here for your advice. I know I didn't give lots of details, but feel free to ask.
And I don't expect answers to all, these are just milling around in my head
I do have a call into my attorney.

If they did prior investigation, why were they unaware of my Med card?
Why did they feel justified in raid, instead of just questioning us?
Were two citizens tips with no evidence really enough probable cause?
When they found out that I had my card, why did they still search?
There was a jar of roaches in the house, if we had crack laced joints, how come they didnt take it?
Why did they wait so long to charge me? Was it because they didn't find enough evidence on subject (Zach), and they had to justify the raid with a charge?
Can they enter MY grow room, if I wasn't there, despite the warrant that did not name me

Can we prove raid was unjust, hence making my charges null and void?
If law enforcement is to serve and protect, after they realized raid was inconclusive, who were they serving and protecting? Or were they just fishing?
I went thru legal process to obtain Med card, with just reason. How can I be refused my medicine, especially when I was not initial subject for investigation?
If they are to serve and protect, why does it seem that their intent is to bring me down? I, in no way was harming anyone. I was just growing my medicine.
Even if I can get charges dropped, I must spend money I don't have to do so? Or play their game and pay more money that I don't have with possible jail time? How does this help anybody? It only leads to my demise, financially, professionally, and emotionally? Regardless of outcome.

A kicker to the story, they took BF's gun. They ran serial numbers, and it came back stolen
However, he bought it from his grandpa, when he was 14. He never got the gun back. And it wasn't listed with other items taken.
BF has always said they were out to get him. Always thought that it was a bit outlandish, but now I believe it.

Any advice or thoughts are welcome!

PS: typing on my phone, hard to review what I typed, so sorry for typos!

Thanks!

 

[Baxter]

A judge or magistrate signed off on the search warrant so that will be tough to beat. I'm not a lawyer but it sounds like a legal search to me. Even a brand new clone is considered a plant, so they got you on that, and if you were in possession of prescription drugs without a prescription, well, that's illegal. You either keep your grow legal so you don't have to worry about crap like this, or you plant as much as you want and hope for the best. I can't imagine that letter to the editor helping your cause. Was your BF OK with you naming him in the letter? I sure wouldn't be. It's time to accept your situation and try to minimize the negative outcomes.

 

[artwind]

Almost six months ago my house was raided. Instead of going into detail, here is a link to a letter to the editor that I wrote in regard to the raid:



In short, cops received two tips that my boyfriend was manufacturing and selling illegally. Because of these tips and his past history (not drug related), the cops got a warrant and bust in my house. I was not home. My BF announced that I was a card holder, but they didn't believe him, and searched anyway. When I got home, I was questioned and confirmed I was a card holder.In the end, all they found were 8 plants over and 4 ritalin pills. A fluke they were there, as I may be a pothead, but not a pill popper. They left with no one charged.

Fast forward to last Friday. At 7pm on a Friday night, a cop shows up at my door with a warrant for my arrest. The charges were possession of MJ and use of ritalin. I spent my first night ever in jail. Friends say I was treated like a murderer.

Obviously, I have a million questions. Ill post a few here for your advice. I know I didn't give lots of details, but feel free to ask.
And I don't expect answers to all, these are just milling around in my head
I do have a call into my attorney.

If they did prior investigation, why were they unaware of my Med card?
Why did they feel justified in raid, instead of just questioning us?
Were two citizens tips with no evidence really enough probable cause?
When they found out that I had my card, why did they still search?
There was a jar of roaches in the house, if we had crack laced joints, how come they didnt take it?
Why did they wait so long to charge me? Was it because they didn't find enough evidence on subject (Zach), and they had to justify the raid with a charge?
Can they enter MY grow room, if I wasn't there, despite the warrant that did not name me

Can we prove raid was unjust, hence making my charges null and void?
If law enforcement is to serve and protect, after they realized raid was inconclusive, who were they serving and protecting? Or were they just fishing?
I went thru legal process to obtain Med card, with just reason. How can I be refused my medicine, especially when I was not initial subject for investigation?
If they are to serve and protect, why does it seem that their intent is to bring me down? I, in no way was harming anyone. I was just growing my medicine.
Even if I can get charges dropped, I must spend money I don't have to do so? Or play their game and pay more money that I don't have with possible jail time? How does this help anybody? It only leads to my demise, financially, professionally, and emotionally? Regardless of outcome.

A kicker to the story, they took BF's gun. They ran serial numbers, and it came back stolen
However, he bought it from his grandpa, when he was 14. He never got the gun back. And it wasn't listed with other items taken.
BF has always said they were out to get him. Always thought that it was a bit outlandish, but now I believe it.

Any advice or thoughts are welcome!

PS: typing on my phone, hard to review what I typed, so sorry for typos!

Thanks!

Your story is sad & I am sorry you have to go through this. Even though I am not a lawyer I think it would be easier to present your issues if you numbered them. The questions can then be identified out of context more objectively. I think what you wrote is great and complex but you lay it out well. Good luck
Below is an example of a format.....
1. If they did prior investigation, why were they unaware of my Med card?
2. Why did they feel justified in raid, instead of just questioning us?
3. Were two citizens tips with no evidence really enough probable cause?
4. When they found out that I had my card, why did they still search?
5. There was a jar of roaches in the house, if we had crack laced joints, how come they didnt take it?
6. Why did they wait so long to charge me?

​

a)Was it because they didn't find enough evidence on subject (Zach), and they had to justify

​

the raid with a charge?
7. Can they enter MY grow room, if I wasn't there, despite the warrant that did not name me?
8. Can we prove raid was unjust, hence making my charges null and void?
9. If law enforcement is to serve and protect, after they realized raid was inconclusive, who were they serving and protecting?

​

a)Or were they just fishing?

​

I went thru legal process to obtain Med card, with just reason.
10.How can I be refused my medicine, especially when I was not initial subject for investigation?
11. If they are to serve and protect, why does it seem that their intent is to bring me down?

​

I, in no way was harming anyone. I was just growing my medicine.
12. Even if I can get charges dropped, I must spend money I don't have to do so?

​

a ) Or play their game and pay more money that I don't have with possible jail time?
13. How does this help anybody? It only leads to my demise, financially, professionally, and emotionally? Regardless of outcome.
and so on.....