Confused Oregon Medical Marijuana Patients Stopped in Az by Border Patrol

[meaghn]

My question involves criminal law for the state of: Arizona

My boyfriend and I are both Oregon Medical Marijuana Program (OMMP) patients. We were recently stopped on I-10 W in Ehrenberg AZ (3 miles from CA border) when we came upon a US Border Patrol “tactical checkpoint”. We had never seen this type of thing before and were really confused about what was happening. Cars were all slowed down to a near or complete stop while BP agents wove drug dogs around all the cars. There were about 3 oz. of medicine in the car.

I looked up to see an agent and his dog running after my car. I slowed down and was ordered off the road to "secondary" where the agent asked if we were US citizens (we are), and if he could put the dog in the car because it was alerting and he wanted to search for concealed humans and narcotics. I did not consent. Another agent ordered us out of the car. When I asked why, he would not answer my question, just repeated that he was TELLING me, not asking, and that I had to get out. At this point there were approximately 15 armed officers and two large dogs swarming around the car. We got out and I locked the car. We were told to go away from the car. They came over to us and said that the request to search my vehicle was a "courtesy" and that the dog alert at a federal checkpoint was "probable cause" and that they would be searching my vehicle. They ordered my keys. I didn't want any of the 15 armed officers to escalate the situation so I relinquished my keys. At this point, my boyfriend told an officer that we were medical marijuana patients, since the dog and officers were tearing the car apart, it was in a bag with all of his clothes, for all we knew they had it already.

Due to a traveling mishap, neither of us had our medical paperwork but in Oregon that's never a problem as there is a LEO hotline for patient verification. Regardless, the fact remains that we are medical patients. They told us "No permit, no good", but also that any marijuana possession is a crime in AZ and they don't honor out-of-state cards (contrary to the NORML website and my understanding of AZ reciprocal medical marijuana provisions). Plus, we were told that we had been stopped by federal agents who don't recognize medical marijuana at all. However, our citations (they charged us with attempted possession of marijuana/attempted possession of paraphernalia, both misdemeanors) were actually from the Le Paz County Sheriff Department, which was milling around with BP.

Here are my main questions about the situation.

-- If the dogs are trained to sniff humans, couldn't they potentially "alert" on every car driven by a human? How is this automatic grounds for probable cause?

-- Who detained us? The Feds or the locals?

-- How can I get a ticket from the locals when the Feds stopped me?

-- Is the officer's assertion about a lack of reciprocal laws in AZ accurate?

-- I never said that any of the medicine was mine, but my boyfriend DID say that it was his to protect me. How can they cite us both for attempted possession of the same medicine?

-- I was told that the paraphernalia charge was because of the glass jars the medicine was in. Is that reasonable or legal?


I'm going to fight this, I was just hoping that someone could clarify these things for me so I can learn more about my rights in these situations, though based on what I've read so far (and the Federal officers' assertions) the BP may very well be above the 4th amendment.
Any help would be appreciated.

[PTPD22]

Sweety, you were in AZ, not OR. If you were checking NORML websites and such before traveling, you should have already been well aware that the laws are very different from state to state...even considering reciprocity provisions, etc. NORML, like every other pot activist group I have ever seen, puts out a lot of "facts" that are really nothing more than wishful thinking...the way they think it should be, rather than the way it really is. But, even considering that, you should have known that each state has very different laws regarding "medical" pot and that the Federal law has absolutely NO medical pot provision.

Here are my main questions about the situation.

-- If the dogs are trained to sniff humans, couldn't they potentially "alert" on every car driven by a human? How is this automatic grounds for probable cause?

2-4 people on a road-trip smell very different than 15 people crammed into a confined space after walking across the desert and scared of detection. The dogs are very well trained for very specific human smells. Do they get the occasional false hit? Sure they do. But, the true/false hit ratio is significant enough to still justify reasonable suspicion. And, reasonable suspicion is all that is required for a stop and further investigation, not probable cause.

-- Who detained us? The Feds or the locals?

It was a BP checkpoint. Obviously, they are a Federal agency. There may well be a regular presence of local law enforcement but the Feds operate the checkpoint. You were detained by the Feds with local assistance.

-- How can I get a ticket from the locals when the Feds stopped me?

Because, even though you were detained by the Feds, you were in violation of AZ law. The Feds routinely turn over more minor violations for adjudication in state court and save the Federal court for "big" cases.

-- Is the officer's assertion about a lack of reciprocal laws in AZ accurate?

I have no idea. But, since you didn't even have the proper paperwork to make you pot possession legal in OR, reciprocity really wasn't an issue.

-- I never said that any of the medicine was mine, but my boyfriend DID say that it was his to protect me. How can they cite us both for attempted possession of the same medicine?

It is called constructive possession. You were both in joint possession. You bf's attempt to "take the fall," while perhaps noble, really carries no weight.

-- I was told that the paraphernalia charge was because of the glass jars the medicine was in. Is that reasonable or legal?

Yes.

I'm going to fight this, I was just hoping that someone could clarify these things for me so I can learn more about my rights in these situations, though based on what I've read so far (and the Federal officers' assertions) the BP may very well be above the 4th amendment.

No, BP is NOT "above the 4th amendment." But, neither were your 4th amendment rights even stretched, let alone violated. Everything that happened to you was well within the authority of the officers and precedented by a plethora of long-standing appellate court decisions regarding constitutional challenges.

[jk]

from what I have found so far Arizona does allow reciprocity with other states with MMJ laws. I have not found much about proof or such upon being stopped. I do know that Arizona limits the amount able to be possessed at 2.5 oz. That means you were likely over the amount allowed to be carried so you are likely guilty of some charges, even if they offer reciprocity without having proof on hand.

A lawyer would likely be a great idea now.


btw: even if you escape charges under Arizona law, the feds could file charges under federal laws if they choose to.