Arrested For Hemp - My Fourth Amendment Rights Were Violated Why?
- No Probable Cause - Malicious Arrest - Where's The Crime?
Presidents Thumps Farm Bill:
First, of all there was no "probable cause" that a crime had been committed. Yes, Hemp does look and smells like marijuana. With that notion being clearly understood between Law Enforcement and Hemp Farmers, President Trump put forth in his 2018 Farm Bill the following directive "test before you arrest".
Second, another "no probable cause" . There were several documents that were given to the State Trooper to clarify that it was hemp.
* 9 Lab Reports From New Bloom Labs - certified results Hemp
* Department of Agriculture Hemp License
* Drug test 2 days old for myself.
* Movement Permit with coffee spilled on it. The Movement Permit was for the purchase of 20 Hemp plants to be picked up from PWP.
* Denise Woods Director of Hemp Program states: "A Movement Permit is Not required to take Hemp to the trash. Permit is for transporting live plants only.
Raw Plant Material:
Third, another no "probable cause" . What is raw plant material? Raw Plant material is unprocessed plant material. The Hemp was not processed nor converted to a marketable form. Therefore unprocessed, the Hemp had not been harvested , trimmed, dried, nor cured to any useable form. There were no flowers just fungus dried leaves the the security dog poohed on. This debris was swept up and placed in 2 black lawn bags.
Detective Angelo Oreto and Sherriff Watson: Farm Inspection:
Fourth. another "no probable cause". Mid July before my arrest Detective Angelo Oreto and Sherriff Watson came to the farm and inspected the Hemp. They called Denise Woods - Director of the Hemp Program at the Department of Agriculture and confirmed the farms Hemp License and Hemp inspection. The Officers were professional and satisfied and left.
State Trooper Sievers was told at the time of my arrest that the farm was licensed and local law enforcement had inspected.
Permission had been granted by Denise Woods Hemp Program Director to take Hemp debris to the County Trash.
Why Did My 2 Cases Results In An Unconditional Dismissal?
Whether or not there is probable cause typically depends on the totality of the circumstances, meaning everything that the arresting officer knows or reasonably believes at the time the arrest is made.
Totality of Circumstances:
The circumstances being: Hemp License - Lab Reports - Officer was told several times farm had been inspected. Therefore, the totality of the Circumstances shows: Hemp License - Lab Tests- Local Detective Inspection - Raw plant material - cooperation from the person being arrested.
A lack of probable cause will render an arrest invalid, therefore both a my arrest resulted in an "unconditional dismissal".
Officer did not reasonable believe anything: He had the documents in his hand. Other professionals were there. A phone was provided to him. He had the opportunity to verify Hemp License
*New Bloom Labs -
DEA Certified Plant SpeciaList 6121 Heritage Park Dr
Suite A500, Chattanooga, TN 844-837-8223