Corrupt Government
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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: 1848
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! 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. 
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Begin Trace Mode for Comment # 4.
#4. To: Deckard (#0)
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: 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: 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.
#5. To: nolu chan (#4)
Not true, because the federal 'law' is being contested/ignored as unconstitutional in many States. It is legal, as the Fed 'law' is NOT made "in pursuance thereof" our Constitution. (See Art VI) States can ignore unconstitutional Fed 'laws'. (See the 10th Amendment) --- and prevent federal agents from enforcing them.
Top • Page Up • Full Thread • Page Down • Bottom/Latest Marijuana was legalized
Applicable Law and Analysis
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.
Replies to Comment # 4. Marijuana is illegal in all 50 states.
It is illegal pursuant to Federal law.
It remains illegal as a State cannot repeal Federal law.
End Trace Mode for Comment # 4.
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