Legal Question in Criminal Law in California

Hi there,

Recently my friend who is a medicinal marijuana patient was arrested for possession to sell and cultivation. The police came to his house with a search warrant, but neglected to tell him why they had the warrant, and why he was being arrested. They seized all the equipment, and cut down all of the plants (They were following everything in legal limit, in no way, shape, or form were they breaking the law) Also they seized his laptop which is effecting his school work, and caused tremendous emotion stress- the entire reason he has a medical card is because of anxiety, he has an actual medical condition, but would rather not take valium because marijuana helps him. They put him in jail after finding a scale, and a piece of paper indicating that he was selling. However, he has evidence that has sold the medicine to medical clubs, and has receipts as evidence. And any medical patient is going to have a scale, I would think police can't go around arresting people based on heresay... I also believe they shouldn't be able to connect the firearm to him in court because it is one of your amendments that you have the right to bear arms. However, I am not sure if I am wrong and wondering from a legal stand point a lawyers opinion on the matter. Did they violate his miranda rights by not telling him why he was being arrested/the source of the warrant? Does he have standing to sue the city or the neighbors that might have complained and caused this entire ordeal? I would really appreciate your input. Thank you.


Asked on 3/22/11, 11:26 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Your "friend" needs an attorney. If he cannot afford to hire an attorney, he should ask the court to appoint one for him from the public defender's office.

You have a lot of issues, that would be best cleared up by a private discussion between your friend and his lawyer. Miranda warnings are required to be given prior to custodial interrogation. Failure to give them does not invalidate an arrest, but rather would make any statements your friend gave while in custody inadmissible upon proper motion.

The Second Amendment is not a blanket right to do what you want with firearms. States have legitimate interests in regulating possession and sales of firearms.

The issues that you raise should be addressed by his attorney.

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Answered on 3/23/11, 8:40 am


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