New Case Raises Queston: What is Required to Gain a Search Warrant in the Medical Marijuana Context

Probably.Cause.Or.Not

Search Warrant Involving Medical Marijuana:

Questionable probable cause!

 
Medical marijuana is currently seen to be legal in Michigan under the Michigan medical marijuana program; nevertheless, one caregiver could be facing a lengthy prison term after being raided by local police. The caregiver’s daughter went to school one morning while reeking of medical marijuana.The father Randall Raymond Fieck Jr. (caregiver) pled guilty because he was producing more than the allowed number of medical marijuana plants.
 

Fieck’s 6-year-old daughter went to school one morning with a “distinct” smell of the medical marijuana. Once intercepted by her kindergarten teacher’s nose, it was straight to the principal’s office for the third degree as to why the strong stench.
 
Bewildered by the whole ordeal the child responded to the principles 3rd degree interrogation by stating , her father “was growing marijuana plants in the basement of their residence and that she was not supposed to tell anyone,” as stated by police report. The child’s statement was enough for law enforcement to probe further to the child’s home.
 
Upon arrival to Fieck’s home, Sergeant Joseph Menghini made it clear that the smell of medical marijuana railroaded his olfactory nerves. Moreover, when Fieck was questioned he admitted growing medical marijuana for his patients and upheld being justified because he holds medical marijuana cards for the said patient’s. Further probing by Sergeant Menghini he questioned Fieck about the quantity of medical marijuana plant’s he was cultivating.
 
Fieck tried justifying his botany with the Michigan medical marijuana program guidelines and stating that he has the necessary licenses to grow and possess. Sergeant Menghini obtained a search warrant for Fieck’s home and once the police squad returned they allegedly discovered; over 200 medical marijuana plants, 60 clones, and three additional pounds. Sergeant Menghini claims this took Fieck well over the legal amount allowed by any caregiver hence outside of the Michigan medical marijuana program.
 
Questions still linger if law enforcement had enough probable cause to actually justify the search warrant. In spite of Fieck’s cooperation he is now possibly facing a 20 year prison sentence over falling outside of the Michigan medical marijuana guidelines. Time will tell how this case will evolve and if there was probable cause for the raid- sentencing in March.