Marginal Legal Replay
Handel On The Law
KFI AM 640
4.3 • 879 Ratings
🗓️ 17 November 2018
⏱️ 32 minutes
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Summary
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| 0:00.0 | This is handle on the law. |
| 0:17.2 | Marginal legal advice where I tell you, you have absolutely no case. |
| 0:21.6 | So let me give you a scenario, which incidentally has actually happened. |
| 0:25.4 | So a suspect is released, and the marijuana that he has with him is, of course, confiscated. |
| 0:33.4 | And then the suspect is released, right? |
| 0:37.7 | Charges are dropped, but there's the marijuana. |
| 0:41.1 | And he gets it back, right? |
| 0:44.4 | His keys, his money, his property, all confiscated when he's under arrest and detained, |
| 0:49.9 | and then it's all returned to him, except they don't return the grass. |
| 0:54.1 | They're saying, nope, not the marijuana. |
| 0:56.7 | And this is the case in which Robert Smith had 21 grams of marijuana seized from his backpack |
| 1:02.7 | during a disturbing the peace arrest, which, as I said, charges were dropped. |
| 1:08.6 | And he said, I want it back. The cops kept it. Here's what the cops |
| 1:13.8 | argued, that by giving it back to him, they could face federal drug distribution charges, |
| 1:21.3 | because it is illegal federally to distribute drugs and the cops saying, here we are distributing drugs. |
| 1:29.7 | Well, the lower court said, you're absolutely right to do the police department. |
| 1:33.4 | However, the three-judge panel of the same court overturn the decision, citing an earlier |
| 1:40.9 | California law enforcement decision. |
| 1:44.7 | And all they had to do was read the law. |
| 1:47.6 | And that's what the appeals court said. |
| 1:50.1 | Just read the law. |
| 1:52.5 | The Federal Controlled Substance Act explicitly allows law enforcement officials |
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