Thursday, January 13, 2011

TWO HARDENED CRIMINALS SLIP TROUGH THE CRACKS!

Medina County police made two apparently illegal seizures of non-contraband, well ahead of the legal curve.  It seems as though  substance identified as "K2" has been encountered in Medina County!

An online article, found in the Medina Gasette at the following link http://medinagazette.northcoastnow.com/2011/01/12/synthesized-marijuana-k2-isnt-illegall-in-ohio-just-yet/
shows a picture of what purports to be the apparent seizure of K2 by Medina County cops, who report that they've encountered two individuals in possession of this non-contraband.

Now, that is all well and good, except for the fact, as the Gasette points out, IT IS NOT AN ILLEGAL SUBSTANCE!


I am far from endorsing drug use and abuse in any fashion. The article does point out, however, that this "new" form of a substance has not yet been criminalized.

The next question that arises: BY WHAT LEGAL AUTHORITY DID POLICE SEIZE THE PICTURED K2?


The pictured K2 could not have been illegally seized without a search warrant for any number of reasons:


1) The Fourth Amendment to the U.S. Constitution requires that the police have probable cause to secure a search warrant.  (BUT NO FOURTH AMENDMENT & NO WARRANTS REQUIRED IN MEDINA COUNTY!)


2) The Fourth Amendment requires the police to develop probable cause for a search warrant.  (BUT NOT IN MEDINA COUNTY, WHERE THE TERM "PROBABLE CAUSE" REMAINS UNDEFINED AN NOT FULLY UNDERSTOOD!)


3) The Fourth Amendment requires a warrant be reviewed for probable cause by a neutral and detached judicial officer.  (BUT NOT IN MEDINA COUNTY, WHERE THE "JUDGES" DO NO SEEM TO EXPRESS MUCH OF AN INTEREST AND WHERE OFFICERS CAN ISSUE THEIR OWN WARRANTS, WITH FULL JUDICIAL APPROVAL, WITHOUT PRIOR JUDICIAL REVIEW!)


ON SECOND THOUGHT, PERHAPS THE POLICE SEIZED THE NON-CONTRABAND K2, WITH THE BLESSING OF MEDINA COUNTY PROSECUTOR DINO HOLMAN, JUST BECAUSE THEY WANTED TO.


THAT'S PRETTY MUCH HOW IT'S DONE IN ANY POLICE STATE!


It's amazing that the two hardened non-criminals escaped punishment from HOLMAN. Perhaps he was attending one of those not-so-secret meetings in Columbus with some township trustee or other, plotting to sandbag some other Medina County business, since that does seem to happen in Medina County.


MUCH MORE TO COME .....







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