Marijuana Law

by Boire, Richard Glen

• ISBN13: 9780914171621
• ISBN10: 0914171623
• Format: Paperback
• Copyright: 1993-03-01
• Publisher: Ronin Pub

Summary

Over 30 million people in the United States regularly smoke marijuana. Approximately 400,000 defendants each year are charged with the use, possession, sale, or cultivation of marijuana. Marijuana Law describes how people can reduce the probability of arrest and defend themselves from prosecution if arrested.

Table of Contents

Foreword	p. 7
Prologue	p. 11
Introduction	p. 13
Crimes and Punishment	p. 15
"Marijuana" Defined	p. 15
"Concentrated Cannabis" Defined	p. 16
Synthetic Equivalents	p. 16
The Burden of Proof	p. 16
The Crime of Possessing Marijuana	p. 18
Punishment For Possessing Marijuana	p. 21
Sometimes It's Legal to Possess!	p. 22
Sale of Marijuana	p. 22
Punishment for Intent to Distribute	p. 24
Three Odd-Ball Marijuana Cases	p. 24
Cultivating, Drying, or Processing	p. 25
Transportation of Marijuana	p. 25
Being in a Room Where It Is Smoked	p. 25
Driving Under the Influence	p. 25
Aiding and Abetting a Marijuana Crime	p. 25
Federal Marijuana Crimes	p. 26
Punishment Under the Federal Law	p. 27
Forfeiture	p. 27
How You Can Lose Your Cash, Home	p. 27
Fourth-Amendment Basics	p. 31
The Exclusionary Rule	p. 32
My Rights Depend on Who Searches	p. 33
The Reoccurring Hotel-Maid Example	p. 34
Private Mail Carriers	p. 35
Information: How the Police Get It	p. 36
The Citizen Informer	p. 36
The Confidential Informant	p. 36
How Ron Turned to Selling Information	p. 37
Undercover Cops and the Doctrine of "Misplaced Trust"	p. 38
Kids May Be Used Against You	p. 39
Mail Orders May Be Used Against You	p. 39
Garbage May Be Used Against You	p. 40
Encounters with Police	p. 44
Police-Citizen Encounters	p. 44
Contacts	p. 44
Detention	p. 45
Detaining Your Belongings	p. 46
Demanding to see Your Identification	p. 46
Frisks or Pat-Searchers	p. 47
Exceptions to Reasonable-Suspicion Rule	p. 49
The Drug-Courier Profile (1st Exception to the Reasonable-Suspicion Rule)	p. 50
Juvenile Truants, Curfew Violators (4th Exception to Reasonable-Suspicion Rule)	p. 52
Arrest	p. 53
Richard and an Escalating Encounter	p. 53
Search Warrants and Searches without a Warrant	p. 55
Search Warrants	p. 55
Exceptions to the Warrant Requirement	p. 56
Consenting to a Search (3rd Exception to the Warrant Requirement)	p. 57
How Mr. Puff Properly Asserted His Constitutional Rights	p. 58
The Plain-View Rule (4th Exception to the Warrant Requirement)	p. 59
How Wayne Learned the Hard Way	p. 60
Plain-View Paraphernalia	p. 61
Distinct Drug-Carrying Devices	p. 61
Abandoning Marijuana: "Dropsy" Cases	p. 64
The Marijuana Aroma	p. 66
The Marijuana Aroma and Dog Sniffs	p. 66
Border Searches (5th Exception to the Warrant Requirement)	p. 67
Exigent Circumstances (6th Exception to the Warrant Requirement)	p. 68
Attempting to Swallow Incriminating Evidence	p. 69
Searches at School (7th Exception to the Warrant Requirement)	p. 70
Marijuana and Your Telephone	p. 71
Marijuana and the Mail	p. 72
Marijuana and Your Car	p. 76
When Can a Police Officer Stop Your Car?	p. 76
Roadblocks (2nd Exception to the Reasonable-Suspicion Rule)	p. 76
Ordering You Out of Your Car	p. 76
When Can a Police Officer Search Your Car?	p. 76
Vehicle Search for Officer Safety	p. 76
Vehicle Searches Based on Probable Cause (2nd Exception to Warrant Requirement)	p. 77
Probable Cause	p. 77
Breaking open Your Vehicle's Trunk	p. 82
Vehicle Searches Incident to Arrest	p. 83
Throwing Marijuana from a Moving Vehicle	p. 84
Automobile Inventory and Impound Searches	p. 85
A Recent Supreme Court Decision Concerning Containers in Automobiles	p. 87
Your Car and the Plain-View Rule	p. 87
Furtive Movements	p. 88
Consenting to a Search of Your Car and Withdrawing Consent	p. 89
Whose Pot Is It?	p. 89
Driving Under the Influence of Marijuana	p. 90
Marijuana and Your Home	p. 93
A Home Is Entitled to Maximum Protection	p. 93
A Home's Curtilage Also Gets Maximum Protection	p. 94
Search Warrants	p. 94
If It's Nighttime You're Probably Safe	p. 95
The Knock-Notice Rule	p. 96
Warrants and the Plain-View Rule	p. 97
People on the Scene	p. 97
If It's Your Home, It's Presumed to Be Your Pot	p. 99
The Plain-View Rule and Your Home	p. 100
Consenting to a Search of Your Home	p. 100
Who Can Consent to a Search of Your House or Apartment?	p. 103
Landlords	p. 103
Roommates	p. 103
Children	p. 104
Your Home and "Exigent Circumstances"	p. 104
Officers Who "Threaten" to Get a Search Warrant	p. 107
Gardens	p. 109
Cannabis Gardens in the Home	p. 109
Cannabis Inside Curtilage	p. 109
Creating a Curtilage in the Eyes of a Court	p. 111
Cannabis Gardens Situated Outside a Home's Curtilage	p. 113
Searching Your Home Based on Seeing Your Garden	p. 114
Police Fly-overs	p. 116
Cannabis Gardens on Public Property	p. 120
What If You're Arrested?	p. 123
Citizen's Arrest	p. 123
Arrest Warrants	p. 123
If Arrested Outside, Don't Go Inside!	p. 124
Searches After You're Arrested (1st Exception to Warrant Requirement)	p. 125
Booking Searches	p. 126
Your Miranda Rights	p. 127
The Supreme Court Discloses Police Interrogation Techniques	p. 127
When the Police Must Read You Your Rights	p. 132
It's Rarely Wise to Waive Your Miranda Rights	p. 133
How to Clean Up a Marijuana Conviction Record	p. 135
Defense Attorneys	p. 137
The Right to Counsel	p. 137
Public Defenders and Court-Appointed Attorneys	p. 137
Choosing a Private Attorney	p. 139
Drug Testing at Work	p. 141
Government Employees (and Those Working in Heavily Regulated Industries)	p. 141
Drug Testing of Private Employees	p. 143
The Drug-Free Workplace Act of 1988	p. 143
What to Expect If You're Drug-Tested at Work	p. 143
Epilogue	p. 145
Appendix A: The Bill of Rights	p. 147
Appendix B: Federal Sentencing Guidelines Manual	p. 149
Passages Pertinent to Marijuana and Cannabis	p. 149
Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise	p. 150
Unlawful Possession	p. 154
Index	p. 163
Table of Contents provided by Blackwell. All Rights Reserved.