As the article reported, I succeeded in removing the criminal penalty for patient and caregiver growers who are in non-compliance with this ordinance. However, I was unable to get commission support to remove language allowing the police to conduct random inspections of a patient growers home. With my amendment, patients cannot be charged with a misdemeanor for refusing a warrant-less search. Unfortunately my second amendment was not adopted, so patients will still receive municipal infractions for refusing a warrant-less police search of their homes, in addition to possibly losing their city license to cultivate their state-allowed, voter-approved medicine. This ordinance certainly raises constitutional concerns - see below for the language of the Fourth Amendment. Even if the ordinance does not technically violate the Bill of Rights, it certainly conflicts with the spirit of our most cherished rights. Its highly unlikely that our nations Founding Fathers would have found it acceptable for cities to fine their citizens if they do not consent to a warrant-less police search. The Fourth Amendment of the U.S. Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Posted on: Tue, 30 Sep 2014 16:28:44 +0000
Trending Topics
Recently Viewed Topics
© 2015