[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Utopian Visionaries Who Won’t Leave People Alone

No - no - no Ain'T going To get away with iT

Pete Buttplug's Butt Plugger Trying to Turn Kids into Faggots

Mark Levin: I'm sick and tired of these attacks

Questioning the Big Bang

James Webb Data Contradicts the Big Bang

Pssst! Don't tell the creationists, but scientists don't have a clue how life began

A fine romance: how humans and chimps just couldn't let go

Early humans had sex with chimps

O’Keefe dons bulletproof vest to extract undercover journalist from NGO camp.

Biblical Contradictions (Alleged)

Catholic Church Praising Lucifer

Raising the Knife

One Of The HARDEST Videos I Had To Make..

Houthi rebels' attack severely damages a Belize-flagged ship in key strait leading to the Red Sea (British Ship)

Chinese Illegal Alien. I'm here for the moneuy

Red Tides Plague Gulf Beaches

Tucker Carlson calls out Nikki Haley, Ben Shapiro, and every other person calling for war:

{Are there 7 Deadly Sins?} I’ve heard people refer to the “7 Deadly Sins,” but I haven’t been able to find that sort of list in Scripture.

Abomination of Desolation | THEORY, BIBLE STUDY

Bible Help

Libertysflame Database Updated

Crush EVERYONE with the Alien Gambit!

Vladimir Putin tells Tucker Carlson US should stop arming Ukraine to end war

Putin hints Moscow and Washington in back-channel talks in revealing Tucker Carlson interview

Trump accuses Fulton County DA Fani Willis of lying in court response to Roman's motion

Mandatory anti-white racism at Disney.

Iceland Volcano Erupts For Third Time In 2 Months, State Of Emergency Declared

Tucker Carlson Interview with Vladamir Putin

How will Ar Mageddon / WW III End?

What on EARTH is going on in Acts 16:11? New Discovery!

2023 Hottest in over 120 Million Years

2024 and beyond in prophecy

Questions

This Speech Just Broke the Internet

This AMAZING Math Formula Will Teach You About God!

The GOSPEL of the ALIENS | Fallen Angels | Giants | Anunnaki

The IMAGE of the BEAST Revealed (REV 13) - WARNING: Not for Everyone

WEF Calls for AI to Replace Voters: ‘Why Do We Need Elections?’

The OCCULT Burger king EXPOSED

PANERA BREAD Antichrist message EXPOSED

The OCCULT Cheesecake Factory EXPOSED

Satanist And Witches Encounter The Cross

History and Beliefs of the Waldensians

Rome’s Persecution of the Bible

Evolutionists, You’ve Been Caught Lying About Fossils

Raw Streets of NYC Migrant Crisis that they don't show on Tv

Meet DarkBERT - AI Model Trained On DARK WEB

[NEW!] Jaw-dropping 666 Discovery Utterly Proves the King James Bible is God's Preserved Word

ALERT!!! THE MOST IMPORTANT INFORMATION WILL SOON BE POSTED HERE


Status: Not Logged In; Sign In

Corrupt Government
See other Corrupt Government Articles

Title: Legal, Permitted, and Arrested
Source: Mises Institute
URL Source: https://mises.org/blog/legal-permitted-and-arrested
Published: Apr 22, 2016
Author: Mark Thornton
Post Date: 2016-04-28 05:28:26 by Deckard
Keywords: None
Views: 1492
Comments: 14

  • Marijuana was legalized, the owners were permitted and they asked the government to conduct a business inspection. Instead the police busted them and stole all their stuff!

    We may be winning the war against the War on Drugs, but we still have a long ways to go. The Washington Post reports on the Shattuck family who were not only arrested but all their possessions were stolen by law enforcement based on the asset forfeiture law.

    A self-described Michigan “soccer mom” who had “every belonging” taken from her family in a 2014 drug raid has been cleared of all criminal charges, 19 months after heavily armed drug task force members ransacked her home and her business. But in many ways, her ordeal is only beginning.Annette Shattuck and her husband, Dale, had been facing felony charges of possession of marijuana with intent to distribute, possession with intent to manufacture marijuana and maintaining a drug house. But last month, Michigan Circuit Court Judge Daniel Kelly threw out all criminal complaints filed against the Shattucks "on the grounds of entrapment by estoppel," according to court filings. Entrapment by estoppel occurs when a government official leads a defendant to believe that their conduct is permissible under the law.

     

    Law enforcement uses all kinds of trickery in order to increase criminal convictions in order to justify their existence and budget. Fortunately, the judge saw through their activities and  invoked "entrapment by estoppel," which is something I have heard of but is unfortunately not used by enough judges to protect the innocent from out of control drug warriors. 

(1 image)

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

"The Washington Post reports on the Shattuck family who were not only arrested but all their possessions were stolen by law enforcement based on the asset forfeiture law."

Nothing in the Michigan "medical" marijuana law says anything about operating a dispensary. There can be no confusion because they're simply not allowed.

BUT, although ignorance of the law is no excuse, I guess it is if the local zoning authority is also ignorant of the law.

misterwhite  posted on  2016-04-28   9:08:15 ET  Reply   Trace   Private Reply  


#2. To: misterwhite (#1)

Nothing in the Michigan "medical" marijuana law says anything about operating a dispensary. There can be no confusion because they're simply not allowed.

Attaboy - just as I expected.

Do you ever tire of being a douche?

Marijuana was legalized, the owners were permitted and they asked the government to conduct a business inspection. Instead the police busted them and stole all their stuff!

Law enforcement uses all kinds of trickery in order to increase criminal convictions in order to justify their existence and budget.

Fortunately, the judge saw through their activities and invoked "entrapment by estoppel"....

“Truth is treason in the empire of lies.” - Ron Paul

In a Cop Culture, the Bill of Rights Doesn’t Amount to Much

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2016-04-28   9:13:11 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

When the forces of freedom are so much smaller and weaker than the forces of the oppressor, how are the forces of freedom to fight?

How did God use Moses to fight Pharaoh?

Retaliate, yes, thru retaliation.

God gave Moses every chance to fight diplomatically.

This, our fight with the oppressor g0vt of the United States must be given the chance to be overthrown by every diplomatic opportunity, but we must never forget that as each diplomatic move fails, we must use retaliation as a hammer with each retaliation stronger and more deadly than the last.

Shall I explain further? Shall I explain the Biblical means of funding thru the Spoil? Shall I amplify the word retaliation?

`eth yalad `eth muwth.

BobCeleste  posted on  2016-04-28   9:59:09 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0)

Marijuana was legalized

Marijuana is illegal in all 50 states. It is illegal pursuant to Federal law.

States can decriminalize marijuana possession, cultivation, or distribution by removing the State criminal statutes regarding marijuana. If there is no State criminal statute being violated, there is no law to proceed with a State prosecution.

It remains illegal as a State cannot repeal Federal law.

In the instant case, the Court explicitly held that the actions of the defendants were UNLAWFUL pursuant to Michigan law. It held the defendants could not be prosecuted for their UNLAWFUL actions due to entrapment by estoppel.

Michigan v. Shattuck, Cir. Ct. for the Cty of St. Clair, Case No 15-001155-FH (2/18/2016), Opinion:

Applicable Law and Analysis

In People v. Woods, 241 Mich App 545, 548-49; 616 NW2d 211 (2000), the first case where Michigan appellate courts applied the doctrine of entrapment by estoppel, the Michigan Court of Appeals stated:

We recognize that entrapment by estoppel ... may, in certain limited circumstances, preclude prosecution. When a citizen reasonably and in good faith relies on a government agent's representation that the conduct in question is legal, under circumstances where there is nothing to alert a reasonable citizen that the agent's statement is erroneous, basic principles of due process should preclude prosecution. However, when a citizen who should know better unreasonably relies on the agent's erroneous statement, or when the "statement" is not truly erroneous, but just vague or contradictory, the defense is not applicable.

Kimball Township Ordinance 20.233 defines "compassion center" to mean, "any retail store, store front, office building, or other structures or any type of mobile unit or entity that dispenses, facilitates, sells, or provides, in any manner, marihuana or cannabis or any other product containing marihuana or cannabis, as regu lated by Section 20.409. Following that, Kimball Township Ordinance 20.409 provides definitions, conditions, and standards of operation. Specifically, under Kimball Township Ordinance 20.409(2)(f), it is stated that "Medical Marihuana Compassion Centers shall be operated in compliance with the provisions of the Department of Community Health ."

The permits and meeting minutes provided by the People show that Defendants were licensed by the Kimball Township Planning Commission to open their Medical Marihuana Compassion Center and that their compassion center had been inspected by the Kimball Township Building Official/Ordinance Enforcer to make sure Defendants were complying with the Kimball Township

Ordinance. Also, at a public meeting of the Kimball Townsrup Planning Commission, the Chairman of the Commission went so far as to thank Defendants for following the ordinance and taking the necessary steps to open the business within Kimball Townsrup in the manner required.

Based on this information, it is clear that Kimball Townsrup Planning Commission, a government agent, represented to Defendants that the DNA Alternative Wellness Center, Defendants' Medical Marihuana Compassion Center, was legal and that Defendants relied upon this representation when conducting day to day business. And under these circumstances, there is nothing that would alert a reasonable citizen that Kimball Township's representation was erroneous. Further, it stands to reason that Defendants would not have called DTF and invited law enforcement to their compassion center for an inspection unless Defendants believed in good faith that DNA Alternative Wellness Center was properly licensed and operating within the law. Therefore, because Defendants were reasonably and in good faith relying on a government agent's representation that the conduct in question was legal, basic principles of due process preclude prosecution in this case.

nolu chan  posted on  2016-04-28   13:23:36 ET  Reply   Trace   Private Reply  


#5. To: nolu chan (#4)

Marijuana is illegal in all 50 states.

Not true, because the federal 'law' is being contested/ignored as unconstitutional in many States.

It is illegal pursuant to Federal law.

It is legal, as the Fed 'law' is NOT made "in pursuance thereof" our Constitution. (See Art VI)

It remains illegal as a State cannot repeal Federal law.

States can ignore unconstitutional Fed 'laws'. (See the 10th Amendment) --- and prevent federal agents from enforcing them.

tpaine  posted on  2016-04-28   15:02:28 ET  Reply   Trace   Private Reply  


#6. To: tpaine (#5)

Not true, because the federal 'law' is being contested/ignored as unconstitutional in many States.

"Being contested" does not change the supremacy of Federal law in all jurisdictions.

It is legal, as the Fed 'law' is NOT made "in pursuance thereof" our Constitution. (See Art VI)

It is not changed because tpaine deems it not in pursuance thereof. Absent a holding of a Federal court, the Federal law is the law in all jurisdictions.

States can ignore unconstitutional Fed 'laws'. (See the 10th Amendment) --- and prevent federal agents from enforcing them.

Wackaloon bullshit.

State officials who ignore Federal law may be imprisoned for doing so.

nolu chan  posted on  2016-04-28   17:37:17 ET  Reply   Trace   Private Reply  


#7. To: nolu chan (#6)

Wackaloon bullshit.

Our constitution, as written, is not "Wackaloon bullshit"..

You read it from a leftist law school position.

tpaine  posted on  2016-04-28   18:17:36 ET  Reply   Trace   Private Reply  


#8. To: tpaine (#7)

Our constitution, as written, is not "Wackaloon bullshit"..

You read it from a leftist law school position.

Your position is unrelated to the law or the Constitution and is wackaloon bullshit. That is why you cannot source your position to any recognized legal source.

I did not read what I opined coming from a leftist law source. I can readily quote it from YOUR PREFERRED LEGAL SOURCE.

See Randy E. Barnett, Our Republican Constitution, First Edition, April 2016, pp. 244-245:

Not only does the Ninth Amendment say that the "fights ... retained by the people" not be "denied or disparaged" by, for example, privileging certain leberties but not others, but the Tenth Amendment reserves "to the people" all powers not delegated to the federal or state governments."

[...]

We can now seehow the individual conception of poplar sovereignty that underlies our Republican Constitution requires a skeptical judiciary to secure the liberties of the people.

[...]

In sum, being able to challenge any restriction on the liberties of the people as irrational or arbitrary before an independent and impartial judge is a vital structural means to secure the sovereignty of the people, each and every one.

Professor Barnett explored the 9th and 10 Amendments at length throughout his new book. You posted the below thread devoted to Professor Barnett's book. The people have the right to challenge a law before an independent and impartial judge. The people have neither the right nor the power to deem a law unconstitution on their own authority, nor do the people have some right to disregard laws they deem unconstitutional.

http://www2.libertysflame.com/cgi-bin/readart.cgi?ArtNum=45874&Disp=All

Title: Our Republican Constitution
Source: Amazon
URL Source: [None]
Published: Apr 21, 2016
Author: Randy Barnett
Post Date: 2016-04-21 18:54:18 by tpaine

nolu chan  posted on  2016-04-28   23:11:07 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#8)

States can ignore unconstitutional Fed 'laws'. (See the 10th Amendment)

Your position is unrelated to the law or the Constitution and is wackaloon bullshit. That is why you cannot source your position to any recognized legal source..

My source is the Constitution itself.. You quote above:---

--- the Tenth Amendment reserves "to the people" all powers not delegated to the federal or state governments."

The 10th actually reads quite differently, - and says that constitutional powers NOT delegated to the Fed govt, nor prohibited by it to the States, are reserved to the STATES respectively, or to the people.

Thus, -- Fed drug prohibition 'laws', - made under undelegated powers - assumed by the feds. - can be ignored by the States, as they are unconstitutional..

Your leftist law school interpretation is obvious.

tpaine  posted on  2016-04-29   1:27:31 ET  Reply   Trace   Private Reply  


#10. To: tpaine (#9)

States can ignore unconstitutional Fed 'laws'. (See the 10th Amendment)....

My source is the Constitution itself....

Fed drug prohibition 'laws', - made under undelegated powers - assumed by the feds. - can be ignored by the States, as they are unconstitutional....

Your leftist law school interpretation is obvious.

Contrary to your diversionary change-the-subject bullshit, it is patently obvious that I linked, cited, noted and quoted YOUR LIBERTARIAN SOURCE, Randy Barnett. The inside dust cover from the article YOU posted about the new Barnett book begins, "The nation's leading libertarian legal scholar tells us...." It is far right, not left.

It is equally obvious that you will not, and indeed cannot, cite any recognized legal authority to support your legal bullshit. If is purely your bullshit interpretation of the Constitution, in conflict with every known recognized legal authority.

nolu chan  posted on  2016-04-29   8:21:56 ET  Reply   Trace   Private Reply  


#11. To: nolu chan (#10)

Fed drug prohibition 'laws', - made under undelegated powers - assumed by the feds. - can be ignored by the States, as they are unconstitutional..

Your leftist law school interpretation of our Constitution, to the contrary, is obvious.

----you will not, and indeed cannot, cite any recognized legal authority to support your legal bullshit. If is purely your bullshit interpretation of the Constitution, in conflict with every known recognized legal authority.

I have no need to get any 'legal authority' to support the clear words of our Constitution. --- Words you can't refute.

tpaine  posted on  2016-04-29   10:32:43 ET  Reply   Trace   Private Reply  


#12. To: tpaine (#11)

Your leftist law school interpretation of our Constitution, to the contrary, is obvious.

I have no need to get any 'legal authority' to support the clear words of our Constitution. --- Words you can't refute.

nolu (and the law profession in general) are like the Catholic Church before the Reformation when only the priests were considered capable of understanding scripture and the peasants had to rely on their interpretation of it.

“Truth is treason in the empire of lies.” - Ron Paul

In a Cop Culture, the Bill of Rights Doesn’t Amount to Much

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2016-04-29   11:02:49 ET  Reply   Trace   Private Reply  


#13. To: tpaine (#11)

I have no need to get any 'legal authority'

You have no possibility to provide any legal authority to support your demented personal hallucinations regarding the law. All you can do is bullshit and attempt to divert attention from the fact that no such legal authority exists.

nolu chan  posted on  2016-04-29   12:05:32 ET  Reply   Trace   Private Reply  


#14. To: nolu chan (#13)

I have no need to get any 'legal authority' to support the clear words of our Constitution.

--- Words you can't refute, and don't even try.

All you do is whimper about bullshit, and quote your leftist 'authorities', poor fella.

You really should try spreading your agitprop elsewhere.

tpaine  posted on  2016-04-29   12:22:07 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com