1 00:00:03,000 --> 00:00:06,040 Speaker 1: It's now time for Cannabis Talk one oh one with Blue, 2 00:00:06,400 --> 00:00:09,720 Speaker 1: Joe Grande and Mark and Craig Wasserman the Pot Brothers 3 00:00:09,720 --> 00:00:13,520 Speaker 1: at Law. We're the world's number one podcast for everything cannabis. 4 00:00:13,640 --> 00:00:16,119 Speaker 1: Hello and welcome to Cannabis Talk one oh one. My 5 00:00:16,200 --> 00:00:18,920 Speaker 1: name is Blue, alongside of me, Mark and Craig Washman, 6 00:00:18,960 --> 00:00:21,600 Speaker 1: the Pot Brothers the Law and Mr Joe Grande, and 7 00:00:21,600 --> 00:00:24,599 Speaker 1: we are the number one source for everything cannabis. Yes 8 00:00:24,680 --> 00:00:26,480 Speaker 1: we are, and thank you guys for listening to us 9 00:00:26,480 --> 00:00:29,680 Speaker 1: all around the world. You want to follow us, please 10 00:00:29,720 --> 00:00:32,239 Speaker 1: do find us online at Cannabis Talk one oh one. 11 00:00:32,240 --> 00:00:34,879 Speaker 1: On all social media especially, I've been saying go to 12 00:00:34,920 --> 00:00:37,159 Speaker 1: the YouTube page because everybody here has been doing so 13 00:00:37,240 --> 00:00:39,880 Speaker 1: much work putting these videos up online so you guys 14 00:00:39,920 --> 00:00:42,599 Speaker 1: can watch them. So enjoy its. Watch it. If you're 15 00:00:42,600 --> 00:00:44,440 Speaker 1: listening to the podcast, go home and check a look 16 00:00:44,440 --> 00:00:45,839 Speaker 1: at usc or if you want to give us a 17 00:00:45,880 --> 00:00:51,200 Speaker 1: call eight hundred. The number again is eight hundred. Uh. 18 00:00:51,200 --> 00:00:53,720 Speaker 1: Follow us online of course at Cannabis Talk one oh one, 19 00:00:53,840 --> 00:00:57,520 Speaker 1: at Pot, Underscore Brothers Underscore at Underscore, Law, Marks at 20 00:00:57,520 --> 00:00:59,920 Speaker 1: wass Law, Craig's at wass Law. Dog Blue is at one, 21 00:01:00,040 --> 00:01:03,400 Speaker 1: Christopher Rice, I am at Joe Grand fifty two, and 22 00:01:03,720 --> 00:01:08,400 Speaker 1: today is gonna be a very special show because Mark Washerman. 23 00:01:08,640 --> 00:01:11,080 Speaker 1: We've been following this case for I think about a 24 00:01:11,160 --> 00:01:13,040 Speaker 1: year now, at least right a year and a half 25 00:01:13,080 --> 00:01:16,120 Speaker 1: maybe and a little longer because of COVID and the pushbacks. 26 00:01:16,319 --> 00:01:18,160 Speaker 1: You may remember this case. Yeah, we're gonna we're gonna 27 00:01:18,200 --> 00:01:20,200 Speaker 1: reiterate and set it back up. But not only that, 28 00:01:20,280 --> 00:01:23,360 Speaker 1: our very own Chris Frankino not only does business development 29 00:01:23,400 --> 00:01:26,800 Speaker 1: but also does Mike carriage where he carries the mic 30 00:01:26,920 --> 00:01:32,440 Speaker 1: into the courtroom and set up the scenario of what 31 00:01:32,600 --> 00:01:35,560 Speaker 1: happened at the case that we're referencing that had the 32 00:01:35,680 --> 00:01:38,720 Speaker 1: final outcome what is it called the judgments? Would you 33 00:01:38,760 --> 00:01:43,080 Speaker 1: say this was? This was the ruling on our motion 34 00:01:43,680 --> 00:01:54,200 Speaker 1: to suppress evidence continue. I don't know where talk or 35 00:01:54,240 --> 00:01:57,720 Speaker 1: what motion to suppress evidence. And this was the case 36 00:01:58,160 --> 00:02:01,520 Speaker 1: where we had a client who rented an airbnb. The 37 00:02:01,600 --> 00:02:03,960 Speaker 1: neighbor said he saw a strange black man on the 38 00:02:04,000 --> 00:02:05,920 Speaker 1: porch of the house next door that he thought was 39 00:02:05,920 --> 00:02:10,079 Speaker 1: supposed to be vacant. Cops came, no signs of breaking 40 00:02:10,120 --> 00:02:13,880 Speaker 1: and entering. Cop decides to walk right in the unlocked 41 00:02:13,880 --> 00:02:15,959 Speaker 1: back door where they see our client standing in his 42 00:02:16,040 --> 00:02:18,480 Speaker 1: underwear with a bunch of cannabis surrounding him, and they 43 00:02:18,560 --> 00:02:22,960 Speaker 1: arrest him and charge him with a bunch of different crimes. Cannabis. 44 00:02:23,000 --> 00:02:26,239 Speaker 1: There was about fifty pounds in the house and we 45 00:02:26,600 --> 00:02:29,800 Speaker 1: felt that this was an illegal search and an illegal 46 00:02:30,000 --> 00:02:33,120 Speaker 1: entry and his rights were violated, which is why we 47 00:02:33,160 --> 00:02:36,639 Speaker 1: filed the motion. Went through the hearing about three months ago. 48 00:02:36,720 --> 00:02:40,720 Speaker 1: I cross examined the officer and it's been a grueling 49 00:02:40,760 --> 00:02:44,680 Speaker 1: three months waiting for the final decision by the judge. 50 00:02:45,120 --> 00:02:48,440 Speaker 1: It was set about a month or so ago. Before then, 51 00:02:48,480 --> 00:02:50,359 Speaker 1: we got a call from the clerk saying, hey, the 52 00:02:50,440 --> 00:02:52,600 Speaker 1: judges are gonna push it back. We're gonna get the ruling. 53 00:02:52,639 --> 00:02:55,399 Speaker 1: It's gonna be another month. That happened twice and then 54 00:02:55,480 --> 00:03:00,359 Speaker 1: finally we went to court the other day to hear 55 00:03:00,400 --> 00:03:04,120 Speaker 1: the ruling. Before we went two weeks before, we filed 56 00:03:04,120 --> 00:03:08,320 Speaker 1: what's called a media motion asking permission to bring in 57 00:03:09,000 --> 00:03:12,480 Speaker 1: audio and video recording into the courtroom. Whenever you see 58 00:03:12,560 --> 00:03:17,960 Speaker 1: cameras in a courtroom that has as well the the 59 00:03:17,960 --> 00:03:22,440 Speaker 1: the entity that wants to record has to have a 60 00:03:22,520 --> 00:03:26,200 Speaker 1: motion filed asking for permission to come into the courtroom 61 00:03:26,200 --> 00:03:30,720 Speaker 1: and it's completely discretion all like for the o J case, ABC, CBS, 62 00:03:30,919 --> 00:03:33,040 Speaker 1: and then everybody had to put it in. Yes, they 63 00:03:33,040 --> 00:03:38,120 Speaker 1: all put in their own motion said the o J case, 64 00:03:39,680 --> 00:03:43,720 Speaker 1: which o J case? Exactly? That goes out. So so 65 00:03:44,120 --> 00:03:46,040 Speaker 1: we had to do that and it's up to the judge. 66 00:03:46,040 --> 00:03:48,760 Speaker 1: The judge could say no, yeah, the judge said yes, 67 00:03:49,240 --> 00:03:53,240 Speaker 1: with the stipulation that it's only audio. So the judge 68 00:03:53,240 --> 00:03:57,720 Speaker 1: wouldn't allow a video camera in just audio. So Mr 69 00:03:57,800 --> 00:04:00,800 Speaker 1: Frankino was able to come in with the judge was 70 00:04:00,920 --> 00:04:04,560 Speaker 1: very kind, invited him up to the bench, which did 71 00:04:04,600 --> 00:04:07,080 Speaker 1: you never see that? And let him put you got 72 00:04:07,200 --> 00:04:09,600 Speaker 1: nice and close to the judge. Chris put the mic 73 00:04:10,280 --> 00:04:14,640 Speaker 1: right on her desk. He almost didn't press record that. 74 00:04:16,279 --> 00:04:17,920 Speaker 1: Let's walk up to that. I want to get your 75 00:04:18,040 --> 00:04:21,680 Speaker 1: your thoughts, Chris. But before that, we were hanging out, 76 00:04:21,720 --> 00:04:23,640 Speaker 1: actually all of us the night before and we had 77 00:04:23,760 --> 00:04:26,320 Speaker 1: quite a bit of a late night. We didn't leave 78 00:04:26,480 --> 00:04:29,839 Speaker 1: a party. Were at the Blacklist certified party in Beverly 79 00:04:29,920 --> 00:04:34,919 Speaker 1: Hills about one in the morning, home one two in 80 00:04:34,960 --> 00:04:38,400 Speaker 1: the morning. How was your night leading up to I mean, 81 00:04:38,440 --> 00:04:40,800 Speaker 1: we're hanging out most the night and you're smoking a 82 00:04:40,800 --> 00:04:44,600 Speaker 1: lot of cannabis at this event. You go home, you're 83 00:04:44,720 --> 00:04:48,040 Speaker 1: quite perked up on the and the bus. And then 84 00:04:48,040 --> 00:04:49,600 Speaker 1: you had didn't want to call your wife to open 85 00:04:49,640 --> 00:04:51,120 Speaker 1: the gate. Blue had to help you at the gate, 86 00:04:51,560 --> 00:04:54,280 Speaker 1: convince you to call your son. But how was it 87 00:04:54,920 --> 00:04:58,560 Speaker 1: leading up to the next morning? So I actually got 88 00:04:58,640 --> 00:05:02,480 Speaker 1: into my house, it was probably around to thirty, and 89 00:05:02,839 --> 00:05:05,720 Speaker 1: we had to You know, I couldn't sleep. I wasn't 90 00:05:05,800 --> 00:05:07,920 Speaker 1: going to be able to sleep. I already knew it. 91 00:05:08,560 --> 00:05:10,360 Speaker 1: And I smoked a little more. I took a couple 92 00:05:10,360 --> 00:05:12,640 Speaker 1: of dabs, and I was going over my head. In 93 00:05:12,760 --> 00:05:15,920 Speaker 1: my head, as we do as attorneys, you know, what's 94 00:05:16,400 --> 00:05:20,920 Speaker 1: how how's this judge gonna rule? Well, well, well, the 95 00:05:21,040 --> 00:05:25,840 Speaker 1: hardest part is for this particular case versus other cases. 96 00:05:25,920 --> 00:05:30,160 Speaker 1: Giving an example, other cases can easily say, well, now, 97 00:05:30,200 --> 00:05:32,400 Speaker 1: if the judge is gonna rule against me, it's because 98 00:05:32,680 --> 00:05:34,880 Speaker 1: the judge is gonna think this, this, and this, and 99 00:05:34,960 --> 00:05:36,680 Speaker 1: you know, the judge is gonna be an idiot and 100 00:05:36,720 --> 00:05:38,840 Speaker 1: think this, this and this and disagree with me, and 101 00:05:38,920 --> 00:05:43,640 Speaker 1: just I'm gonna lose. But this particular case, I always 102 00:05:43,680 --> 00:05:48,279 Speaker 1: came back to the only way I could lose is 103 00:05:48,320 --> 00:05:51,120 Speaker 1: if the judge just believes if you're a black man 104 00:05:51,200 --> 00:05:55,000 Speaker 1: on a porch, that's an emergency situation for a cop 105 00:05:55,080 --> 00:05:57,240 Speaker 1: to just go right in. And that's the line that 106 00:05:57,279 --> 00:06:00,280 Speaker 1: you use your closing argument. That was I it. I 107 00:06:00,320 --> 00:06:02,880 Speaker 1: did not mince words. I said, your honor, if you 108 00:06:02,960 --> 00:06:07,599 Speaker 1: rule against us, it's because you believe an emergency circumstance 109 00:06:07,720 --> 00:06:10,680 Speaker 1: so that a cop doesn't need a warrant to enter. 110 00:06:11,440 --> 00:06:13,440 Speaker 1: Is being a black man on a porch in a 111 00:06:13,480 --> 00:06:16,000 Speaker 1: house that might be vacant. Vacant. And if I may 112 00:06:16,040 --> 00:06:19,840 Speaker 1: elaborate on our conversation that you and I had, you 113 00:06:20,000 --> 00:06:25,040 Speaker 1: said this was as bothersome to you as much as 114 00:06:25,080 --> 00:06:28,880 Speaker 1: your nephew Jake Cures when he went to court. You 115 00:06:29,040 --> 00:06:33,560 Speaker 1: compared the feeling that you had to that. Yep, yep. 116 00:06:33,680 --> 00:06:35,920 Speaker 1: And and you've got a lot of cases and none 117 00:06:35,960 --> 00:06:37,800 Speaker 1: of them have compared to that. No. Yeah, this this 118 00:06:37,960 --> 00:06:40,200 Speaker 1: really it got my blood boiling, especially when I was 119 00:06:40,240 --> 00:06:44,279 Speaker 1: cross examining the cop during that confrontation, i'll call it. 120 00:06:44,320 --> 00:06:50,279 Speaker 1: In that exchange, the judge actually admonished me counselor tone 121 00:06:50,279 --> 00:06:53,880 Speaker 1: it down, because I was getting pretty heated. You know. 122 00:06:54,040 --> 00:06:56,080 Speaker 1: I think one of the parts was so a black 123 00:06:56,120 --> 00:06:58,520 Speaker 1: man on a porch is in a gang because the 124 00:06:58,560 --> 00:07:00,440 Speaker 1: cop was trying to say, well, because as you were 125 00:07:00,480 --> 00:07:04,240 Speaker 1: in a high gang related area next to the freeway, 126 00:07:04,240 --> 00:07:05,680 Speaker 1: well that's why I had to go in to make 127 00:07:05,720 --> 00:07:09,000 Speaker 1: sure the couse wasn't being robbed. Bullshit. You know. So 128 00:07:09,680 --> 00:07:13,400 Speaker 1: things like that really get my blood boiling. And you know, look, hey, 129 00:07:13,400 --> 00:07:16,040 Speaker 1: you're a cop. You saw no signs of breaking and entering. 130 00:07:16,080 --> 00:07:18,640 Speaker 1: There were no tools, there was nothing. Nobody was screaming, nobody, 131 00:07:19,000 --> 00:07:27,440 Speaker 1: you'll hear it. We have the judge verdict her opinion, 132 00:07:27,960 --> 00:07:30,600 Speaker 1: which leads to the rule. And this never happened where 133 00:07:30,600 --> 00:07:32,480 Speaker 1: it took two weeks to come back to it more 134 00:07:32,520 --> 00:07:34,600 Speaker 1: than two weeks. So you didn't get any sleep the 135 00:07:34,680 --> 00:07:37,760 Speaker 1: night before, maybe an hour. I think I slept about 136 00:07:37,760 --> 00:07:42,320 Speaker 1: an hour. I woke up, texted Patrick and Frankino and said, 137 00:07:42,360 --> 00:07:44,320 Speaker 1: I'm on my way. Let's meet at the courthouse a 138 00:07:44,480 --> 00:07:48,200 Speaker 1: fifteen and uh we got there and Chris frank you know, 139 00:07:48,280 --> 00:07:50,240 Speaker 1: you go into the courthouse, how did that feel for you? 140 00:07:50,280 --> 00:07:52,400 Speaker 1: Were you nervous? Because lord knows, you've been in and 141 00:07:52,400 --> 00:07:54,080 Speaker 1: out of jail, in prison a few times. Going to 142 00:07:54,120 --> 00:07:57,000 Speaker 1: that courthouse might have sparked some emotions in there. Oh, 143 00:07:57,040 --> 00:07:59,680 Speaker 1: I was definitely super new. He wanted if he had 144 00:07:59,680 --> 00:08:02,680 Speaker 1: a warm How did you feel when the jed said 145 00:08:02,720 --> 00:08:05,720 Speaker 1: come up here? Were you like when you walk through? 146 00:08:05,760 --> 00:08:07,200 Speaker 1: Did you have any like? I mean, are you just 147 00:08:07,280 --> 00:08:09,880 Speaker 1: so long from that where you're like fucking cood? I'm 148 00:08:09,920 --> 00:08:11,960 Speaker 1: being serious. I mean it never really leaves you know, 149 00:08:12,080 --> 00:08:13,920 Speaker 1: That's what I'm saying. So that's why I mean, it 150 00:08:13,920 --> 00:08:16,120 Speaker 1: never leaves me, Doug, I've been sober twenties. Look, I 151 00:08:16,200 --> 00:08:18,880 Speaker 1: hear the sirens and I get you get nervous, and 152 00:08:18,920 --> 00:08:20,920 Speaker 1: I can't get busted for ship on me. I wouldn't 153 00:08:20,920 --> 00:08:22,600 Speaker 1: got a medical cart just in case somebody has too 154 00:08:22,640 --> 00:08:24,560 Speaker 1: much around me. What I'm saying like, well, you know 155 00:08:24,720 --> 00:08:26,840 Speaker 1: they took my business card and went to the back, 156 00:08:26,880 --> 00:08:28,440 Speaker 1: and I'm thinking of a show that running my name 157 00:08:28,520 --> 00:08:30,560 Speaker 1: right now? Do I have any warrants? What's going on? 158 00:08:30,720 --> 00:08:32,440 Speaker 1: So you did think call this? See? I was wondering. 159 00:08:32,440 --> 00:08:35,040 Speaker 1: I've been waiting to ask you Marks, like just sit 160 00:08:35,080 --> 00:08:36,760 Speaker 1: out here, what We'll come and call you when we're 161 00:08:36,800 --> 00:08:39,120 Speaker 1: ready for you. And Mark Washington okay, And then the 162 00:08:39,120 --> 00:08:40,840 Speaker 1: bailiff even comes out and he's like, are you here? 163 00:08:40,840 --> 00:08:42,079 Speaker 1: To check in. I'm like, oh no, no, I'm just 164 00:08:42,120 --> 00:08:44,240 Speaker 1: here as the press and showing him the recorder, and 165 00:08:44,880 --> 00:08:46,400 Speaker 1: a couple of people come by, are are you here 166 00:08:46,440 --> 00:08:47,920 Speaker 1: to check in? And I'm like, no, I'm not here 167 00:08:47,960 --> 00:08:54,439 Speaker 1: for court. Well you fit the profile shirt like so 168 00:08:54,480 --> 00:08:56,480 Speaker 1: were so you were kind of nervous and then you 169 00:08:56,559 --> 00:08:59,400 Speaker 1: walk in and what was the environment like inside? Well, 170 00:08:59,679 --> 00:09:02,040 Speaker 1: they do allow people in the audience now, so there 171 00:09:02,080 --> 00:09:03,640 Speaker 1: was a couple of old people who had cases that 172 00:09:03,679 --> 00:09:06,240 Speaker 1: were in the courtroom now sitting there and so you 173 00:09:06,280 --> 00:09:08,320 Speaker 1: mean you you walk inside and there it was. It 174 00:09:08,440 --> 00:09:13,080 Speaker 1: was definitely open, friendly environment for being being pressed. I mean, 175 00:09:13,120 --> 00:09:15,040 Speaker 1: the judge was like, come on up here, come right 176 00:09:15,080 --> 00:09:17,560 Speaker 1: on up. The first time the judge been that nice. Yeah, 177 00:09:17,760 --> 00:09:19,199 Speaker 1: like no, I come all around, and I could have 178 00:09:19,240 --> 00:09:22,040 Speaker 1: put a love of Mike on her. Probably she was 179 00:09:22,080 --> 00:09:25,080 Speaker 1: like she was actually like open and happy about it, 180 00:09:25,080 --> 00:09:27,600 Speaker 1: and she was it was fun. Did we asked did 181 00:09:27,600 --> 00:09:31,160 Speaker 1: we ask for actual video while we're there? Well, when 182 00:09:31,160 --> 00:09:33,319 Speaker 1: you do emotion like that, you're asking for everything and 183 00:09:33,360 --> 00:09:35,440 Speaker 1: then the judge will check off and say what Yeah, 184 00:09:35,600 --> 00:09:39,920 Speaker 1: she denied the audio. I wish they would have. I mean, 185 00:09:39,920 --> 00:09:41,760 Speaker 1: it would have been good for her. Too. It could 186 00:09:41,760 --> 00:09:43,840 Speaker 1: have been. Yeah, we could have said it could have been. 187 00:09:43,880 --> 00:09:45,439 Speaker 1: I mean, because none know that this is a big 188 00:09:45,480 --> 00:09:48,199 Speaker 1: case and the best part about this you guys, we 189 00:09:48,360 --> 00:09:50,920 Speaker 1: got the recorder in there. We're gonna play everything. It's 190 00:09:50,920 --> 00:09:53,880 Speaker 1: about thirteen minutes. So when we come back, here's your 191 00:09:53,960 --> 00:09:56,959 Speaker 1: chance to be in court with Mr Mark Washerman from 192 00:09:56,960 --> 00:09:59,680 Speaker 1: the Pop Brothers at Law before we go there. You 193 00:09:59,679 --> 00:10:02,720 Speaker 1: know what time it is, Blue, It's time time Baby 194 00:10:02,920 --> 00:10:05,880 Speaker 1: T four live. Guys, it's going down the bud Tenders 195 00:10:05,880 --> 00:10:09,920 Speaker 1: Award September twenty nine through October two, Las Vegas, Mandalay 196 00:10:10,000 --> 00:10:13,480 Speaker 1: Bay Tirpeene Warehouses will be there with all your tirpe needs, 197 00:10:13,640 --> 00:10:19,600 Speaker 1: bud Mans do expressions, Bro, and you do know that 198 00:10:19,720 --> 00:10:22,720 Speaker 1: Kelly Effects for the full feel the feel the effects, guys, 199 00:10:22,960 --> 00:10:25,160 Speaker 1: you're feeling it. Yeah, I know. I'm not even there yet. 200 00:10:25,200 --> 00:10:28,600 Speaker 1: And Viscus Vape guys live the ride. It's going down 201 00:10:28,600 --> 00:10:30,520 Speaker 1: as Cannabis Talk one on one will be right back 202 00:10:30,520 --> 00:10:39,400 Speaker 1: after this, Brave welcome back to Cannabis Talk one oh 203 00:10:39,440 --> 00:10:44,040 Speaker 1: one at this time going on the record in the 204 00:10:44,080 --> 00:10:48,559 Speaker 1: people Grcus, weall hare at i'ms next case number zero 205 00:10:48,679 --> 00:10:51,880 Speaker 1: eight with me on the worries three two the lawyers 206 00:10:51,880 --> 00:10:56,360 Speaker 1: would stay their appearance for the record planes good Mark 207 00:10:56,440 --> 00:10:59,599 Speaker 1: lost amand appearing nine seven setting for extending in a 208 00:10:59,679 --> 00:11:08,160 Speaker 1: long a lawyer pass. Good morning, gentlemen, pulling a very 209 00:11:08,400 --> 00:11:13,120 Speaker 1: people and I'm not being accompanied by Ron show and 210 00:11:13,280 --> 00:11:17,560 Speaker 1: good morning to everyone. Thank you if you'd like to 211 00:11:17,600 --> 00:11:20,480 Speaker 1: have a seat. Thanks. That matters for today for the 212 00:11:20,520 --> 00:11:24,160 Speaker 1: Court to rule on the fifteen thirty eight point five motion. 213 00:11:24,720 --> 00:11:28,240 Speaker 1: And at this time the fort has read and considered 214 00:11:28,880 --> 00:11:32,439 Speaker 1: the fifteen thirty eight point five motion, the people's opposition, 215 00:11:33,280 --> 00:11:39,079 Speaker 1: all subsequent filings heard and considered Detective your Riches testimony, 216 00:11:39,600 --> 00:11:43,920 Speaker 1: considered the arguments of counsel and review the fifty five 217 00:11:44,600 --> 00:11:51,160 Speaker 1: hearing transcript by way of background. On March fourteen, Monerate 218 00:11:51,679 --> 00:11:56,240 Speaker 1: Honterate Park Police Detective your rich responded to two four 219 00:11:56,440 --> 00:12:01,880 Speaker 1: zero four Isabella Avenue in the city of Ron Monterey Park, California, 220 00:12:02,120 --> 00:12:08,440 Speaker 1: regarding quote a suspicious activity close quote call. Upon arrival, 221 00:12:08,480 --> 00:12:13,200 Speaker 1: he contact the caller also the neighbor who saw quote 222 00:12:13,200 --> 00:12:18,360 Speaker 1: a black guy close quote wearing a shirt correction, wearing 223 00:12:18,360 --> 00:12:22,560 Speaker 1: a red shirt and heard the person make a quote 224 00:12:22,600 --> 00:12:26,720 Speaker 1: gang type close quote whistle for his buddy to come 225 00:12:26,720 --> 00:12:30,200 Speaker 1: pick him up. He stated, they don't live here. There 226 00:12:30,280 --> 00:12:33,200 Speaker 1: aren't going to be any renters. The house has been 227 00:12:33,440 --> 00:12:36,199 Speaker 1: vacant for a month or two. He didn't see him 228 00:12:36,200 --> 00:12:39,720 Speaker 1: go to the to the door. Quote. He just checked it, 229 00:12:40,040 --> 00:12:43,720 Speaker 1: like if it was locked close quote, then whistled for 230 00:12:43,840 --> 00:12:47,959 Speaker 1: his buddy. Detective Urich checked the vacant house for signs 231 00:12:47,960 --> 00:12:51,800 Speaker 1: of a crime. Check the back door did not recall knocking, 232 00:12:52,240 --> 00:12:56,040 Speaker 1: found the door unlocked, and entered. Upon entry, he immediately 233 00:12:56,080 --> 00:12:59,800 Speaker 1: immediately saw the defendant and detained him. Upon re entry, 234 00:13:00,080 --> 00:13:05,280 Speaker 1: he observed ten large bags of marijuana and arrested the defendant. 235 00:13:06,160 --> 00:13:09,800 Speaker 1: The Court's analysis, the Fourth Amendment guarantees the right of 236 00:13:09,880 --> 00:13:13,720 Speaker 1: people to be secure in their persons, houses, papers, and 237 00:13:13,800 --> 00:13:18,360 Speaker 1: effects against unreasonable searches and seizures, and that shall not 238 00:13:18,480 --> 00:13:22,480 Speaker 1: be violated. The extent to which the Fourth Amendment protects 239 00:13:22,520 --> 00:13:26,800 Speaker 1: people may depend upon where those people are. The Court 240 00:13:26,880 --> 00:13:30,680 Speaker 1: has held that quote the capacity to claim the protection 241 00:13:30,720 --> 00:13:34,040 Speaker 1: of the Fourth Amendment depends upon whether the person who 242 00:13:34,040 --> 00:13:38,120 Speaker 1: claims the protection of the Amendment has a legitimate expectation 243 00:13:38,160 --> 00:13:44,080 Speaker 1: of privacy in the invaded space. Close quote. See Racus R. A. 244 00:13:44,559 --> 00:13:48,679 Speaker 1: K A. S. Versus Illinois at four thirty nine, US 245 00:13:48,720 --> 00:13:52,160 Speaker 1: at page one forty three. The text of the Fourth 246 00:13:52,160 --> 00:13:56,280 Speaker 1: Amendment suggests that its protections extend only to people in 247 00:13:56,320 --> 00:14:01,080 Speaker 1: their houses, but the Court has held that in some circumstances, 248 00:14:01,559 --> 00:14:05,599 Speaker 1: a person may have a legitimate expectation in the expectation 249 00:14:05,920 --> 00:14:10,040 Speaker 1: of privacy in the house of someone else. In Minnesota 250 00:14:10,120 --> 00:14:18,959 Speaker 1: versus Olsen Us, for example, the Court decided that an 251 00:14:19,000 --> 00:14:22,920 Speaker 1: overnight guest in a house had that sort of expectation 252 00:14:23,040 --> 00:14:27,080 Speaker 1: of privacy that the Fourth Amendment protects. In this case, 253 00:14:27,160 --> 00:14:30,640 Speaker 1: the question for the court is does the defendant have 254 00:14:30,840 --> 00:14:35,040 Speaker 1: a legitimate expectation of privacy in the house of someone else? Here, 255 00:14:35,360 --> 00:14:38,480 Speaker 1: the defendants stated he arrived from out of state and 256 00:14:38,560 --> 00:14:42,200 Speaker 1: was staying at the airbnb rental home with two friends 257 00:14:42,760 --> 00:14:46,600 Speaker 1: rented by Miss Bird. After obtaining the homeowner information from 258 00:14:46,640 --> 00:14:51,560 Speaker 1: the defendant, Detective Urache contacted the homeowner, Mr Wong, who 259 00:14:51,560 --> 00:14:56,600 Speaker 1: confirmed the five day airbnb rental. Detective Urach was asked 260 00:14:56,960 --> 00:15:00,080 Speaker 1: whether he observed any evidence of someone staying overnight the 261 00:15:00,160 --> 00:15:03,320 Speaker 1: location and stated, quote, I seem to recall their being 262 00:15:03,400 --> 00:15:07,960 Speaker 1: luggage close quote and clarified seeing multiple pieces of luggage. 263 00:15:08,120 --> 00:15:11,200 Speaker 1: When asked when the five day rental began detective view 264 00:15:11,200 --> 00:15:14,120 Speaker 1: which could not recall having arrived from out of state, 265 00:15:14,520 --> 00:15:17,480 Speaker 1: staying at a five day air and b rental rented 266 00:15:17,560 --> 00:15:21,960 Speaker 1: home along with post multiple pieces of luggage. An inference 267 00:15:22,280 --> 00:15:25,880 Speaker 1: can be drawn of the defense intention to stay overnight 268 00:15:25,920 --> 00:15:29,320 Speaker 1: as a guest for more than one evening, and which 269 00:15:29,440 --> 00:15:32,440 Speaker 1: would support the fact that he had a legitimate expectation 270 00:15:32,520 --> 00:15:36,080 Speaker 1: of privacy. To hold that an overnight's guest has legitimate 271 00:15:36,080 --> 00:15:41,320 Speaker 1: expectation expectation of privacy in his host home merely recognizes 272 00:15:41,560 --> 00:15:45,200 Speaker 1: the everyday expectations of privacy that we all have. Staying 273 00:15:45,200 --> 00:15:48,920 Speaker 1: overnight in another's home is a longstanding social custom that 274 00:15:49,080 --> 00:15:54,600 Speaker 1: serves the functions recognized as valuable by society. Citing Minister 275 00:15:55,000 --> 00:16:04,400 Speaker 1: citing Minnesota versus US at Pages nineteen pages. Fourth Amendment 276 00:16:04,480 --> 00:16:08,600 Speaker 1: to the Federal Constitution guarantees against unregal searches and seizures 277 00:16:08,600 --> 00:16:13,800 Speaker 1: by law enforcement and other government officials. Because the warrantless 278 00:16:14,120 --> 00:16:17,600 Speaker 1: entry into a home to conduct to conduct a search 279 00:16:17,680 --> 00:16:21,360 Speaker 1: and seizure is presumptively unreasonable. Under the Fourth Amendment, the 280 00:16:21,440 --> 00:16:25,640 Speaker 1: government bears the burden of establishing that ex exigent circumstances 281 00:16:26,400 --> 00:16:29,800 Speaker 1: or other correction or another exception to the warrant requirement 282 00:16:30,040 --> 00:16:34,720 Speaker 1: justifies the entry People versus Rogers A two thousand nine 283 00:16:34,800 --> 00:16:39,080 Speaker 1: case at forty six cow Forth eleven thirty six quote. 284 00:16:39,480 --> 00:16:43,400 Speaker 1: The physical entry of the home is the chief evil 285 00:16:43,640 --> 00:16:47,920 Speaker 1: against which the wording of the Fourth Amendment is directed, 286 00:16:48,520 --> 00:16:52,720 Speaker 1: citing People versus Camacho, A two thousand case at twenty 287 00:16:52,800 --> 00:17:02,520 Speaker 1: three cow fourth and eighty one quote. Warrantless arrests within 288 00:17:02,560 --> 00:17:08,480 Speaker 1: a home are prescribed unless exigent circumstances exist, citing en 289 00:17:08,600 --> 00:17:12,160 Speaker 1: Ray Rudy r U d y f A two thousand 290 00:17:12,200 --> 00:17:18,200 Speaker 1: four case. The term exigent circumstances describes an emergency situation 291 00:17:18,240 --> 00:17:22,679 Speaker 1: to regard requiring swift action to prevent imminent danger to 292 00:17:22,800 --> 00:17:27,359 Speaker 1: life or serious damage to property, or to forestall the 293 00:17:27,400 --> 00:17:31,840 Speaker 1: eminent escape of a suspect or or destruction of events. 294 00:17:33,320 --> 00:17:36,520 Speaker 1: A warrantless arrest in a public place does not violate 295 00:17:36,560 --> 00:17:39,600 Speaker 1: the Fourth Amendment so long as the police have probable 296 00:17:39,680 --> 00:17:45,040 Speaker 1: cause citing United States versus Santana, A nineteen seventy six 297 00:17:45,119 --> 00:17:49,320 Speaker 1: case at four seven US but to fall within the 298 00:17:49,400 --> 00:17:53,240 Speaker 1: exigent circumstances exception to the warrant of the requirement and 299 00:17:53,440 --> 00:17:57,000 Speaker 1: arrest or detention within a home or dwelling must be 300 00:17:57,080 --> 00:18:02,040 Speaker 1: supported by both probable cause and the distance of exigent circumstances. 301 00:18:02,880 --> 00:18:07,880 Speaker 1: A burglary in progress may constitute an exigent circumstance. See 302 00:18:07,920 --> 00:18:13,480 Speaker 1: People versus Duncan A six case at forty two Cow third, 303 00:18:13,680 --> 00:18:19,439 Speaker 1: pages ninety one and nine seven through quote. In determining 304 00:18:19,560 --> 00:18:23,639 Speaker 1: whether the officer acted reasonably do weight must be given 305 00:18:24,680 --> 00:18:29,959 Speaker 1: not to his unparticularized suspicions or quote Hunch's close quote, 306 00:18:30,480 --> 00:18:33,800 Speaker 1: but to the reasonable inferences which he is entitled to 307 00:18:33,880 --> 00:18:37,359 Speaker 1: draw from the facts in light of his experience. And 308 00:18:37,480 --> 00:18:41,120 Speaker 1: other words, he must be able to point to specific 309 00:18:41,600 --> 00:18:46,280 Speaker 1: and our typical, articulable facts from which he concluded that 310 00:18:46,400 --> 00:18:51,719 Speaker 1: his action was necessary close quote Duncan, Supra. At forty 311 00:18:51,720 --> 00:18:56,760 Speaker 1: two cow third, at page The standard to be applied 312 00:18:56,920 --> 00:19:01,840 Speaker 1: is an objective objective one quote and action is readable 313 00:19:02,119 --> 00:19:05,920 Speaker 1: under the fourth and limit, regardless of the individual officers 314 00:19:05,960 --> 00:19:09,679 Speaker 1: state of mind close quote, as long as the circumstances 315 00:19:09,760 --> 00:19:15,120 Speaker 1: viewed objectively justified the action being a City versus Stewart 316 00:19:15,320 --> 00:19:18,720 Speaker 1: A two thousand six case at five forty seven US 317 00:19:20,520 --> 00:19:24,040 Speaker 1: and four or four. Turning to the cross examination by 318 00:19:24,160 --> 00:19:28,720 Speaker 1: Mr Wasserman and answers by detective. Your questioned by Mr Wasserman, 319 00:19:29,680 --> 00:19:33,159 Speaker 1: Please articulate what authority gave you the right to open 320 00:19:33,200 --> 00:19:36,840 Speaker 1: the unlocked door and walk in without a warrant. Answer? 321 00:19:37,400 --> 00:19:40,280 Speaker 1: That was based on the fact that the information I 322 00:19:40,359 --> 00:19:44,840 Speaker 1: received that the residence was vacant. Normally people locked their 323 00:19:44,840 --> 00:19:50,080 Speaker 1: doors on that on that property if they're vacant. If 324 00:19:50,200 --> 00:19:54,920 Speaker 1: the question okay, that's enough. Did you ever hear any 325 00:19:55,000 --> 00:20:00,399 Speaker 1: sounds of a struggle inside? Answer? No question, anybody streaming 326 00:20:00,480 --> 00:20:06,000 Speaker 1: for help? Answer no question. So solely based on the 327 00:20:06,000 --> 00:20:08,600 Speaker 1: neighbors saying he saw someone who didn't go to the 328 00:20:08,640 --> 00:20:13,199 Speaker 1: door just check to see if it was locked, and 329 00:20:13,280 --> 00:20:15,440 Speaker 1: he didn't know how long it was vacant or not. 330 00:20:16,160 --> 00:20:18,560 Speaker 1: You note that was enough for you to just walk 331 00:20:18,600 --> 00:20:22,399 Speaker 1: into the house. Is that correct answer? I think you're 332 00:20:22,480 --> 00:20:25,159 Speaker 1: leaving out the part where he talks about he's not 333 00:20:25,280 --> 00:20:29,040 Speaker 1: sure if that if he went in the backyard or 334 00:20:29,080 --> 00:20:34,240 Speaker 1: if not. I think that was important as well. Question Okay, 335 00:20:34,359 --> 00:20:37,679 Speaker 1: so you checked the backyard and saw nothing amiss, no crime, 336 00:20:37,800 --> 00:20:42,879 Speaker 1: no evidence of a crime. You saw that nothing they're correct. Answer, Well, 337 00:20:43,400 --> 00:20:47,600 Speaker 1: that's kind of misleading because in many burglar investigations I've 338 00:20:47,640 --> 00:20:51,159 Speaker 1: been to there is no actual forced entry, back doors 339 00:20:51,160 --> 00:20:54,320 Speaker 1: are are unlocked, or windows are being able to open 340 00:20:54,400 --> 00:20:59,960 Speaker 1: without being forced entry. Summarizing, the detective stated he had 341 00:21:00,000 --> 00:21:02,680 Speaker 1: had the right to open the unlocked door without a 342 00:21:02,800 --> 00:21:07,400 Speaker 1: warrant because the property was vacant. He heard no screams 343 00:21:07,440 --> 00:21:10,639 Speaker 1: for help. He did not see any evidence of crime 344 00:21:10,920 --> 00:21:14,960 Speaker 1: of a crime. The doors and doors are normally locked 345 00:21:15,119 --> 00:21:21,720 Speaker 1: on vacant property. However, none of these circumstances constitute exigent circumstances. 346 00:21:22,320 --> 00:21:25,320 Speaker 1: He added, the neighbor was not sure if the person 347 00:21:25,359 --> 00:21:30,320 Speaker 1: went into the backyard, and in many burglary investigations there 348 00:21:30,440 --> 00:21:34,800 Speaker 1: was no forced entry, back doors were unlocked and windows 349 00:21:34,880 --> 00:21:40,000 Speaker 1: opened without force entry. However, this is not the equivalent 350 00:21:40,200 --> 00:21:45,359 Speaker 1: of exigent circumstances. Detective Urch was asked, quote, you thought 351 00:21:45,400 --> 00:21:48,960 Speaker 1: there was a burglary happening or some sort of emergency. 352 00:21:49,200 --> 00:21:55,680 Speaker 1: Detective Urch's response responded, quote, possibly yes. However, he testified 353 00:21:55,760 --> 00:21:58,080 Speaker 1: that he did not observe any broken glass at the 354 00:21:58,119 --> 00:22:01,200 Speaker 1: front of the house, nor is the front door broken 355 00:22:01,320 --> 00:22:03,760 Speaker 1: or a jar. He went to the rear of the 356 00:22:03,800 --> 00:22:06,880 Speaker 1: house and saw no signs of broken glass. The back 357 00:22:06,920 --> 00:22:10,439 Speaker 1: door was not a jar, nor appeared to have been burglarized, 358 00:22:10,600 --> 00:22:12,840 Speaker 1: but asked if he observed any type of tools that 359 00:22:12,960 --> 00:22:16,640 Speaker 1: might have been common in a burglary. Detective yours. Urich responded, 360 00:22:16,760 --> 00:22:21,960 Speaker 1: quote no close quote detected. Urich's observations failed to yield 361 00:22:22,000 --> 00:22:26,119 Speaker 1: any facts of a burglary prior to making contact with 362 00:22:26,200 --> 00:22:29,640 Speaker 1: the defendant from which he could reasonably conclude a burglar 363 00:22:29,840 --> 00:22:34,919 Speaker 1: was inside the home. No exigent circumstances existed. In other words, 364 00:22:35,440 --> 00:22:40,000 Speaker 1: no emergency situation requiring swift action to prevent imminent danger 365 00:22:40,080 --> 00:22:44,199 Speaker 1: to life or serious damage to property mortuple stall, the 366 00:22:44,240 --> 00:22:48,800 Speaker 1: immediate escape of a suspect of destructions of it evidence existed. 367 00:22:49,440 --> 00:22:53,440 Speaker 1: Redirect by Miss Gazarian. Question, now you just sat on 368 00:22:53,520 --> 00:22:56,639 Speaker 1: cross examination that you didn't obtain a warrant prior to 369 00:22:56,680 --> 00:23:00,720 Speaker 1: making intrigue because you believe there was a burglary in progress. 370 00:23:01,000 --> 00:23:05,879 Speaker 1: Answered by Detective Urge. Yeah, it was possible, and I 371 00:23:05,920 --> 00:23:08,920 Speaker 1: didn't know if there was an actual crying yet, so 372 00:23:09,000 --> 00:23:13,159 Speaker 1: that's why we're checking to make sure. Question did you 373 00:23:13,200 --> 00:23:16,760 Speaker 1: believe that there could have been a possible threat the court? 374 00:23:17,320 --> 00:23:20,680 Speaker 1: I could not hear you. I'm sorry by Ms Gazarian. 375 00:23:20,880 --> 00:23:23,800 Speaker 1: Question did you believe at the time there could have 376 00:23:23,840 --> 00:23:27,800 Speaker 1: been a possible threat either property to a person where 377 00:23:27,840 --> 00:23:33,920 Speaker 1: possibly property. Answered in a if a residential burglary was occurring, yes, 378 00:23:34,280 --> 00:23:37,800 Speaker 1: the court. Did you believe that a residential burglary was occurring? 379 00:23:38,280 --> 00:23:42,920 Speaker 1: The witness it was. I believe it was possible by Ms. 380 00:23:42,960 --> 00:23:46,560 Speaker 1: Gazarian and that's based on the totality of the circumstances 381 00:23:46,600 --> 00:23:50,680 Speaker 1: that you listed on cross examination. Answer yes, the court 382 00:23:51,040 --> 00:23:54,840 Speaker 1: you believed it was possible. Correction the court you believed 383 00:23:54,920 --> 00:23:58,720 Speaker 1: it was a possible residential burglary. The witness, I believe 384 00:23:58,760 --> 00:24:02,480 Speaker 1: it was possible. Yes, the court a possible threat to 385 00:24:02,880 --> 00:24:08,639 Speaker 1: person and or property. Detective Urch testified he entered. He 386 00:24:08,920 --> 00:24:13,119 Speaker 1: entered because he believed a residential burglary was quote possible, 387 00:24:13,760 --> 00:24:16,160 Speaker 1: and he did not know if there was an actual 388 00:24:16,200 --> 00:24:20,840 Speaker 1: crime yet close quote. However, no emergency situation requiring a 389 00:24:21,040 --> 00:24:24,159 Speaker 1: swift action to prevent im that danger to life or 390 00:24:24,720 --> 00:24:28,560 Speaker 1: serious damage to property, or to forestall the immediate escape 391 00:24:28,560 --> 00:24:32,280 Speaker 1: of a suspect or destruction of evidence existed to justify 392 00:24:32,520 --> 00:24:38,080 Speaker 1: entry into the home, simply put, no exigency corrections. Simply put, 393 00:24:38,240 --> 00:24:43,760 Speaker 1: no exigent circumstances existed. Seeing no signs of bourbonary of burglary. 394 00:24:43,800 --> 00:24:47,680 Speaker 1: Detective Urch opened the unlocked back door, entered the home 395 00:24:48,280 --> 00:24:51,160 Speaker 1: and immediately observed the defendants standing in the kitchen area. 396 00:24:51,400 --> 00:24:54,880 Speaker 1: A wall to the to the detective's right prevented him 397 00:24:54,920 --> 00:24:59,959 Speaker 1: from viewing the entire area. The defendant was detained, padded 398 00:25:00,000 --> 00:25:03,720 Speaker 1: down for weapons, and the detective moved removed a large 399 00:25:03,720 --> 00:25:07,199 Speaker 1: sum of cash. The defendant was seated outside in the 400 00:25:07,240 --> 00:25:11,159 Speaker 1: patio area. Detective Urge, along with Officer the Win, re 401 00:25:11,400 --> 00:25:14,879 Speaker 1: entered the home to clear the residence, which Detective George 402 00:25:15,040 --> 00:25:20,240 Speaker 1: observed the ten large bags of marijuana in the dining room. 403 00:25:20,359 --> 00:25:23,800 Speaker 1: The house was searched and cleared for additional suspects and 404 00:25:23,840 --> 00:25:27,800 Speaker 1: a search warrant was obtained. In conclusion, the defendant had 405 00:25:27,800 --> 00:25:31,760 Speaker 1: a legitimate expectation of privacy and the rental ARAPNB no 406 00:25:31,920 --> 00:25:36,240 Speaker 1: exigent circumstances existed to justify the warrants entry. The fifteen 407 00:25:36,280 --> 00:25:41,639 Speaker 1: th eight point five motion was granted. Danger to everyone, 408 00:25:41,720 --> 00:25:45,639 Speaker 1: Stay safe and stay healthy. Then Mr she No, you 409 00:25:45,720 --> 00:25:51,400 Speaker 1: may retreat your recording device. Thank here. We'll be right 410 00:25:51,400 --> 00:25:56,920 Speaker 1: back with cannabis talk one oh one. Take a hit, 411 00:25:57,119 --> 00:26:00,800 Speaker 1: get let and that you mean take your hit, get it. 412 00:26:00,920 --> 00:26:03,840 Speaker 1: And you just heard the don't even go into it normally, 413 00:26:03,920 --> 00:26:05,680 Speaker 1: just I can't believe what we just heard right now. 414 00:26:05,840 --> 00:26:10,280 Speaker 1: Well after that, there's so many questions I have for 415 00:26:10,320 --> 00:26:13,040 Speaker 1: you if I have something. Oh well, first of all, 416 00:26:13,160 --> 00:26:16,879 Speaker 1: let me tell you. Listening to it again, I was 417 00:26:16,880 --> 00:26:19,639 Speaker 1: still even though I knew it was gonna happen, I 418 00:26:19,720 --> 00:26:21,680 Speaker 1: was still going through the same thing that I went 419 00:26:21,720 --> 00:26:24,879 Speaker 1: through in court, like, okay, sounding good, but God, what's 420 00:26:24,920 --> 00:26:27,000 Speaker 1: gonna happen? I don't know. So on Layman's terms, tell 421 00:26:27,040 --> 00:26:31,520 Speaker 1: us what happened? How about that we won? And that's 422 00:26:34,400 --> 00:26:37,040 Speaker 1: so funny. I wrote that down exactly. That's the penal 423 00:26:37,080 --> 00:26:42,600 Speaker 1: code fifty eight point five's penal code that we have 424 00:26:42,800 --> 00:26:46,280 Speaker 1: that gives us the authority to file this motion where 425 00:26:46,320 --> 00:26:49,000 Speaker 1: we say, hey, you violated our clients, right, you did 426 00:26:49,000 --> 00:26:52,040 Speaker 1: an illegal search, and all that evidence that you found 427 00:26:52,040 --> 00:26:55,360 Speaker 1: that you're gonna use to prosecute is now thrown out. 428 00:26:55,480 --> 00:26:59,080 Speaker 1: It's called fruit of the poisonous tree. You did something illegal, 429 00:26:59,200 --> 00:27:01,840 Speaker 1: you violated writes. You didn't get a search warrant like 430 00:27:01,880 --> 00:27:04,920 Speaker 1: you were supposed to. Now everything you found is tainted 431 00:27:05,640 --> 00:27:07,679 Speaker 1: and it gets thrown out and you cannot use it 432 00:27:07,720 --> 00:27:10,840 Speaker 1: to prosecute. And the case, will when we go back, 433 00:27:10,920 --> 00:27:14,080 Speaker 1: will file our formal motion to dismiss and it will 434 00:27:14,080 --> 00:27:17,000 Speaker 1: be dismissed. No, no, does that? Does that happen? I mean, 435 00:27:17,160 --> 00:27:20,120 Speaker 1: can they bring up other charges? Now? No, they can, 436 00:27:20,160 --> 00:27:26,640 Speaker 1: They can appeal this ruling. And I don't I doubt, 437 00:27:26,400 --> 00:27:29,000 Speaker 1: I don't know. I don't know, I don't know. How 438 00:27:29,000 --> 00:27:32,240 Speaker 1: does your client film? He is this static? Very happy 439 00:27:32,400 --> 00:27:36,720 Speaker 1: you charge? It's all the same thing. Does she write 440 00:27:36,720 --> 00:27:39,720 Speaker 1: all this out? Did she read it? So this is 441 00:27:39,720 --> 00:27:42,360 Speaker 1: the opinion she wrote? And yeah, she reads it out 442 00:27:42,400 --> 00:27:44,679 Speaker 1: the judge. Some things that I found where I was 443 00:27:44,760 --> 00:27:48,679 Speaker 1: laughing my ass off that they used suspect did a 444 00:27:48,800 --> 00:27:55,480 Speaker 1: gang type whistle. That's what the neighbor said when he 445 00:27:55,520 --> 00:28:00,680 Speaker 1: called what is that? And I also laugh that it 446 00:28:00,760 --> 00:28:04,080 Speaker 1: was unlocked. So we entered like exactly, you know what 447 00:28:04,119 --> 00:28:13,080 Speaker 1: I mean? Thank you? Is that it is that? That 448 00:28:13,160 --> 00:28:19,960 Speaker 1: was pretty good about. That's a good one too, So well, 449 00:28:20,000 --> 00:28:23,400 Speaker 1: think about think about the argument the prosecution there. But 450 00:28:24,680 --> 00:28:27,680 Speaker 1: the prosecution argued that our client didn't even have an 451 00:28:27,680 --> 00:28:31,320 Speaker 1: expectation of privacy because it wasn't his house. And we 452 00:28:31,440 --> 00:28:35,439 Speaker 1: dispelled that. That's longstanding law all those cases that she 453 00:28:35,600 --> 00:28:40,160 Speaker 1: was sighting and talking about those were our cases that 454 00:28:40,200 --> 00:28:43,200 Speaker 1: we put in our motion. So I'm wondering too. I 455 00:28:43,240 --> 00:28:45,200 Speaker 1: love the fact that she said Fourth Amendment right, so 456 00:28:45,880 --> 00:28:49,520 Speaker 1: should not be violated. I'm wondering, does she do the 457 00:28:49,600 --> 00:28:53,440 Speaker 1: research when she says found a case. That's what I 458 00:28:53,480 --> 00:28:56,479 Speaker 1: just said, That's what I'm asking. So you brought up 459 00:28:56,480 --> 00:29:01,760 Speaker 1: the disotah us, You brought people Rugs, Camacho, Stewart, you 460 00:29:01,880 --> 00:29:05,160 Speaker 1: brought all that research that's called legal research and writing 461 00:29:05,200 --> 00:29:07,480 Speaker 1: motions because we have So you're the one who does that, 462 00:29:07,560 --> 00:29:10,360 Speaker 1: and you present those to the judge correct, and then 463 00:29:10,400 --> 00:29:14,120 Speaker 1: the other side can find cases to dispel what we're saying, 464 00:29:14,160 --> 00:29:17,360 Speaker 1: if if they can, because they cited cases in a 465 00:29:17,440 --> 00:29:19,880 Speaker 1: response they did, and then we had to go, no, 466 00:29:19,880 --> 00:29:22,800 Speaker 1: no, no no, no, we have better cases and you're just wrong. 467 00:29:23,280 --> 00:29:25,280 Speaker 1: And so we have to show the court this is 468 00:29:25,280 --> 00:29:28,280 Speaker 1: case law, this is what's called precedence. This is when. 469 00:29:28,400 --> 00:29:30,480 Speaker 1: How long did it take you guys to do that? 470 00:29:31,400 --> 00:29:35,160 Speaker 1: I got down about one, two, three, four. I got 471 00:29:35,200 --> 00:29:37,000 Speaker 1: about seven that I wrote down, and I think there's 472 00:29:37,000 --> 00:29:42,320 Speaker 1: a few that I missed. Patrick, great associate, who I 473 00:29:42,440 --> 00:29:45,800 Speaker 1: tasked to draw this motion in some line, find some 474 00:29:45,840 --> 00:29:48,360 Speaker 1: places and do this and do that, and that's what happens. 475 00:29:48,400 --> 00:29:50,240 Speaker 1: He does that, he drafts it up, I review it, 476 00:29:50,320 --> 00:29:53,400 Speaker 1: I make changes, make notes, you know, and then we 477 00:29:53,480 --> 00:29:55,280 Speaker 1: worked together like that. But he did a hell of 478 00:29:55,280 --> 00:29:58,320 Speaker 1: a job researching and pulling out all the case law 479 00:29:58,800 --> 00:30:04,640 Speaker 1: and you know it's there. My my days of researching 480 00:30:04,640 --> 00:30:08,560 Speaker 1: are over. We have, you know, our associates. When when 481 00:30:08,560 --> 00:30:10,680 Speaker 1: you're looking that up, you know, I mean, do you 482 00:30:10,720 --> 00:30:13,000 Speaker 1: just go through a book and just randomly start looking, 483 00:30:13,040 --> 00:30:17,440 Speaker 1: how do you identify where that Well? No, well there's something. 484 00:30:17,560 --> 00:30:21,440 Speaker 1: First of all, there's there's case law that's been handed down, 485 00:30:21,560 --> 00:30:26,440 Speaker 1: you know, hundreds of years ago, decades, and you allooks 486 00:30:26,440 --> 00:30:28,120 Speaker 1: in there. Well, a lot of it's for show, because 487 00:30:28,120 --> 00:30:30,200 Speaker 1: you can do everything online now, right, And there's something 488 00:30:30,200 --> 00:30:33,800 Speaker 1: what's called shepherdizing, where you have a case and you 489 00:30:33,840 --> 00:30:35,680 Speaker 1: need to see the lineage of it and where it 490 00:30:35,840 --> 00:30:40,320 Speaker 1: started from and how that case now became law because 491 00:30:40,600 --> 00:30:43,440 Speaker 1: at some point in time what we're arguing here looks. 492 00:30:43,440 --> 00:30:46,719 Speaker 1: So let's, for instance, the very first issue we had 493 00:30:46,760 --> 00:30:50,120 Speaker 1: to tackle was the prosecution saying, well, this wasn't his house, 494 00:30:50,120 --> 00:30:53,120 Speaker 1: he doesn't have an expectation of privacy. Right. So in 495 00:30:53,200 --> 00:30:57,280 Speaker 1: the beginning, when these laws were created you had an 496 00:30:57,320 --> 00:31:00,160 Speaker 1: expectation of privacy in your own home, right, what did 497 00:31:00,240 --> 00:31:02,440 Speaker 1: you have it anywhere you rent anything else? Over the 498 00:31:02,480 --> 00:31:06,920 Speaker 1: hotel room. Over time, those things came to be because 499 00:31:07,160 --> 00:31:09,120 Speaker 1: you would have a case where cops went into our 500 00:31:09,120 --> 00:31:13,200 Speaker 1: hotel hotel room, and the attorney made the argument, wait 501 00:31:13,200 --> 00:31:17,520 Speaker 1: a minute, this, this is like the same as being 502 00:31:17,600 --> 00:31:20,120 Speaker 1: in your own place, because I'm paying for this, I'm 503 00:31:20,120 --> 00:31:24,200 Speaker 1: doing that. So over time those cases then substantially yes, 504 00:31:24,440 --> 00:31:26,280 Speaker 1: it's not just in your home. And that's where you 505 00:31:26,320 --> 00:31:29,400 Speaker 1: hear the judge going over the cases that we cited 506 00:31:29,480 --> 00:31:32,800 Speaker 1: that say you do have a legitimate expectation of privacy 507 00:31:33,080 --> 00:31:37,600 Speaker 1: staying in someone else's house. That's case law that's decided. 508 00:31:38,360 --> 00:31:41,600 Speaker 1: Interesting thought, you know, thought comes to mind is when 509 00:31:41,680 --> 00:31:43,280 Speaker 1: you know we shut down the one on one freeway, 510 00:31:43,320 --> 00:31:47,280 Speaker 1: there was never a law for it. So we actually 511 00:31:47,320 --> 00:31:50,920 Speaker 1: have a law that's called the Imperial Stars. At that is, 512 00:31:51,040 --> 00:31:53,800 Speaker 1: it's just people versus the Imperial Stars, and we shut 513 00:31:53,880 --> 00:31:56,680 Speaker 1: down the way. I think about that. Amazing that that 514 00:31:56,880 --> 00:32:00,520 Speaker 1: fucking stunt creating a law. You know, my ive broken 515 00:32:00,560 --> 00:32:02,160 Speaker 1: that law. Since then, there was that there was a 516 00:32:02,200 --> 00:32:05,560 Speaker 1: group of a motorcycle enthusiasts that shut down the freeway 517 00:32:05,760 --> 00:32:07,760 Speaker 1: and they blocked all the lanes of traffic and they 518 00:32:07,840 --> 00:32:10,240 Speaker 1: just started and they were doing burnouts on the freeway. 519 00:32:10,480 --> 00:32:12,240 Speaker 1: And then and then there was another one that the 520 00:32:12,360 --> 00:32:17,800 Speaker 1: actually proposed and proposed that the proposal and that logal 521 00:32:17,840 --> 00:32:20,160 Speaker 1: across state lines. Do you know there's only in California 522 00:32:20,240 --> 00:32:23,280 Speaker 1: like the law of that Imperial Stall Imperial Star law. 523 00:32:23,440 --> 00:32:26,080 Speaker 1: I don't know that. I mean, do laws cross state lines? 524 00:32:26,080 --> 00:32:29,040 Speaker 1: That was my no. No, a California law is not 525 00:32:29,120 --> 00:32:31,440 Speaker 1: going to have any impact in another state. But there 526 00:32:31,520 --> 00:32:34,480 Speaker 1: might be a similar statute in another state, you know, 527 00:32:34,480 --> 00:32:38,520 Speaker 1: if wide with that blue ords just California. I as 528 00:32:38,560 --> 00:32:40,800 Speaker 1: far as I know, it's California. But you know when 529 00:32:40,840 --> 00:32:43,840 Speaker 1: somebody like I said, the group you know did uh 530 00:32:43,880 --> 00:32:46,720 Speaker 1: they shut down the freeway and they actually proposed to 531 00:32:46,720 --> 00:32:49,160 Speaker 1: his wife and the guy he was viral went everywhere. 532 00:32:49,200 --> 00:32:52,120 Speaker 1: But they got charged with the Imperial Stars at and 533 00:32:52,120 --> 00:32:53,960 Speaker 1: And the funny thing is because I know one of 534 00:32:54,000 --> 00:32:56,160 Speaker 1: the guys that were in that biker club and they 535 00:32:56,200 --> 00:32:58,480 Speaker 1: were like, hey, dude, like you know, we we got 536 00:32:58,520 --> 00:33:00,400 Speaker 1: my buddy got hit with your things, and they brought 537 00:33:00,480 --> 00:33:03,840 Speaker 1: up your guys, you know, your court. Yeah, the court 538 00:33:03,920 --> 00:33:07,520 Speaker 1: that district attorney was like, hey, dude, this is case study. 539 00:33:07,560 --> 00:33:10,360 Speaker 1: It's already been charged. Their charged with conspiracy. This is 540 00:33:10,360 --> 00:33:13,800 Speaker 1: how it's gonna be hap And because they blocked all 541 00:33:13,880 --> 00:33:15,880 Speaker 1: lanes and this and that, because they actually blocked all 542 00:33:15,960 --> 00:33:19,280 Speaker 1: lanes and didn't give anybody had one lane open, we 543 00:33:19,320 --> 00:33:21,160 Speaker 1: didn't we had one lane open or else that would 544 00:33:21,160 --> 00:33:23,640 Speaker 1: have been kidnapping. Because anytime you lock people with like 545 00:33:23,680 --> 00:33:26,080 Speaker 1: if someone just locks that door and we're all trying 546 00:33:26,120 --> 00:33:28,719 Speaker 1: to get out, you know, we're being kidnapped, you know. 547 00:33:28,880 --> 00:33:31,360 Speaker 1: And and that's another case of study law. And so 548 00:33:31,400 --> 00:33:33,160 Speaker 1: it's like when you sit there and lock someone in 549 00:33:33,200 --> 00:33:35,840 Speaker 1: the room, you can go down and kidnapping. I mean 550 00:33:35,880 --> 00:33:38,640 Speaker 1: that that's simple. It's funny, Mark, question back to your 551 00:33:38,640 --> 00:33:42,640 Speaker 1: case here. I heard the judge say, quoting Mark Washerman, 552 00:33:42,840 --> 00:33:45,560 Speaker 1: when you said to the cop, is it funny to say, 553 00:33:46,440 --> 00:33:51,680 Speaker 1: please articulates what gave you the reason to go in? Like, 554 00:33:52,160 --> 00:33:54,840 Speaker 1: can you just say what gave you the reason to 555 00:33:54,840 --> 00:33:58,880 Speaker 1: go in? Or do you have to be as articulative? Yeah? 556 00:33:59,560 --> 00:34:03,560 Speaker 1: Please articulates? Like I just found it to be interesting 557 00:34:03,600 --> 00:34:05,280 Speaker 1: that she quoted you saying that, and I wrote it 558 00:34:05,360 --> 00:34:07,960 Speaker 1: down going is that something that needs to be done, 559 00:34:08,040 --> 00:34:11,600 Speaker 1: or you just being a smartass or the law. The 560 00:34:11,719 --> 00:34:18,680 Speaker 1: law says that the officer must articulate facts that support 561 00:34:19,920 --> 00:34:23,360 Speaker 1: there is a crime going on and your belief that. 562 00:34:23,440 --> 00:34:26,839 Speaker 1: So you're using the law verbage by saying please articulate. Yeah, 563 00:34:26,880 --> 00:34:28,399 Speaker 1: that's all I mean, that's how I do it. That's 564 00:34:28,400 --> 00:34:31,560 Speaker 1: how I find you get a funny snare from the 565 00:34:31,680 --> 00:34:34,560 Speaker 1: police officer or no, asshole, No, not at all, not 566 00:34:34,600 --> 00:34:36,279 Speaker 1: at all, because they know that's what they have to 567 00:34:36,280 --> 00:34:39,480 Speaker 1: do now. And I'm just reminding you now for your 568 00:34:39,520 --> 00:34:42,160 Speaker 1: client's sake, I mean, does this come on his record 569 00:34:42,239 --> 00:34:46,239 Speaker 1: as an arrest or does this get dropped that the 570 00:34:46,239 --> 00:34:48,840 Speaker 1: case will be dismissed like it never had, like it 571 00:34:48,960 --> 00:34:54,480 Speaker 1: never ha. Let me clarify, because if somebody does a 572 00:34:54,640 --> 00:34:57,440 Speaker 1: look into his record, a deep look into his record, 573 00:34:58,239 --> 00:35:00,840 Speaker 1: they'll see that there was an arrest but false. They'll 574 00:35:00,880 --> 00:35:03,799 Speaker 1: see that there was a charge for cannabis, and then 575 00:35:03,880 --> 00:35:07,000 Speaker 1: they'll see that there was a dismissal. So I mean, 576 00:35:07,960 --> 00:35:09,920 Speaker 1: but it was dismissed. Hold on, do you know if 577 00:35:09,960 --> 00:35:13,719 Speaker 1: he gets pulled over they run his license, it's got 578 00:35:13,719 --> 00:35:16,960 Speaker 1: to be deeper than that on the record formed like 579 00:35:16,960 --> 00:35:19,279 Speaker 1: if it was a felony or so he has to 580 00:35:19,280 --> 00:35:20,920 Speaker 1: go to a quarter or something. He can't. It's not 581 00:35:20,960 --> 00:35:23,680 Speaker 1: just gonna be a citation being pulled over. That's just 582 00:35:23,680 --> 00:35:25,920 Speaker 1: not gonna come up on the cops fucking computer. But 583 00:35:26,239 --> 00:35:29,360 Speaker 1: state like so, No, if he goes to apply for 584 00:35:29,400 --> 00:35:32,319 Speaker 1: a job or something like that, and they'd look into 585 00:35:32,320 --> 00:35:34,320 Speaker 1: his background and do a deep dive into his background, 586 00:35:34,360 --> 00:35:37,399 Speaker 1: they'll see it all. You can get it. You can 587 00:35:37,440 --> 00:35:39,320 Speaker 1: do things to get it sealed and stuff. I know 588 00:35:39,360 --> 00:35:41,040 Speaker 1: a guy that was gonna get mine sealed, and and 589 00:35:41,400 --> 00:35:45,239 Speaker 1: he's never because he's already happened. Patrick. Didn't Patrick do 590 00:35:45,280 --> 00:35:47,200 Speaker 1: it now? Oh man, he's been tasked for like the 591 00:35:47,239 --> 00:35:53,120 Speaker 1: last three years. Every two years prior to that, I 592 00:35:53,120 --> 00:35:58,120 Speaker 1: got more marked the court asking these questions. You believe 593 00:35:58,200 --> 00:36:00,640 Speaker 1: it was possible, blah blah blah blah, you believe it 594 00:36:00,680 --> 00:36:03,960 Speaker 1: was a threat, and your experience Is that normal for 595 00:36:04,040 --> 00:36:08,759 Speaker 1: the court to question the police officers? So I don't 596 00:36:08,760 --> 00:36:10,400 Speaker 1: I don't know. Maybe I'm obviously I don't go to 597 00:36:10,480 --> 00:36:12,520 Speaker 1: court a lot, but I didn't know the court sitting there, 598 00:36:12,600 --> 00:36:15,200 Speaker 1: the judges sitting there asking their own questions. All depends 599 00:36:15,360 --> 00:36:18,040 Speaker 1: help you. All depends on the judge, did you feel 600 00:36:18,080 --> 00:36:20,560 Speaker 1: like when you're asking that questions? Oh yeah, yeah, no, 601 00:36:20,600 --> 00:36:22,680 Speaker 1: I mean it's you know, it's great. And then you know, 602 00:36:23,400 --> 00:36:26,520 Speaker 1: judges can do whatever they want in their own courtrooms, right, 603 00:36:26,560 --> 00:36:29,120 Speaker 1: so you can have stuff to make you look like, well, 604 00:36:29,239 --> 00:36:31,000 Speaker 1: you could have a judge who just sits there and 605 00:36:31,040 --> 00:36:33,919 Speaker 1: listens to everybody, doesn't say a word, and then gives 606 00:36:33,960 --> 00:36:36,759 Speaker 1: an opinion. You know, but you have a lot of 607 00:36:37,360 --> 00:36:41,719 Speaker 1: most judges in my in my career that I've gone 608 00:36:41,719 --> 00:36:44,959 Speaker 1: through in the last twenty five years, they take note, 609 00:36:45,800 --> 00:36:49,000 Speaker 1: and especially the ones that really care. And that's the 610 00:36:49,040 --> 00:36:52,880 Speaker 1: one thing I noted about this judge during this whole process. 611 00:36:52,920 --> 00:36:56,920 Speaker 1: When we were in the hearing, she took as meticulous 612 00:36:56,920 --> 00:36:59,920 Speaker 1: of notes as I've ever seen a judge take. She asked, 613 00:37:00,160 --> 00:37:02,759 Speaker 1: she was just doodling and drawing pictures you look at 614 00:37:03,320 --> 00:37:06,759 Speaker 1: Mickey Mouse. That wouldn't be funny. But based on her 615 00:37:07,000 --> 00:37:12,000 Speaker 1: opinion and what she wrote, she did she took those 616 00:37:12,040 --> 00:37:15,080 Speaker 1: notes for a reason because you know, as I said 617 00:37:15,120 --> 00:37:18,040 Speaker 1: in the very beginning of the my opening statement, this 618 00:37:18,080 --> 00:37:21,120 Speaker 1: is an important case because of what's going on in 619 00:37:21,120 --> 00:37:24,920 Speaker 1: the climate of everything surrounding law enforcement and their interaction 620 00:37:25,000 --> 00:37:28,480 Speaker 1: with citizens. This is an important case. So they got cash, 621 00:37:28,640 --> 00:37:33,919 Speaker 1: they got cannabis, and why can't Now that everything's done, 622 00:37:34,040 --> 00:37:36,319 Speaker 1: I'm sure you asked for the cash back, right, So 623 00:37:36,800 --> 00:37:40,040 Speaker 1: everything in due time. There's process. So we will be 624 00:37:40,080 --> 00:37:43,960 Speaker 1: seeking to have the case dismissed formally, and then we 625 00:37:44,000 --> 00:37:47,600 Speaker 1: will be seeking return of the money that was taking. 626 00:37:47,600 --> 00:37:50,040 Speaker 1: How much money? I don't know off the top of 627 00:37:50,040 --> 00:37:52,360 Speaker 1: my head. I really I gotta look. No, no, no, 628 00:37:54,200 --> 00:37:59,680 Speaker 1: it was okay, so it wasn't a lot, but I 629 00:37:59,680 --> 00:38:05,560 Speaker 1: mean considered, you know, but when we you know, we've 630 00:38:05,560 --> 00:38:07,640 Speaker 1: had other cases. You've got a hundred thousand, five hundred 631 00:38:08,120 --> 00:38:11,400 Speaker 1: million dollars taken um. But you know it's all relative, 632 00:38:11,600 --> 00:38:15,640 Speaker 1: and we will seek to get and ask for the 633 00:38:15,680 --> 00:38:18,440 Speaker 1: cannabis back and donated to the Wheat for Warriors project. 634 00:38:18,239 --> 00:38:19,960 Speaker 1: I got a question for you market get it back? 635 00:38:20,239 --> 00:38:22,480 Speaker 1: Can he fileow a civil claim against the police department 636 00:38:22,520 --> 00:38:25,880 Speaker 1: from civil rights? He could? He could. We would have 637 00:38:25,920 --> 00:38:28,840 Speaker 1: to refer to a civil attorney, and a civil attorney 638 00:38:28,840 --> 00:38:32,120 Speaker 1: would would you recommend it? I don't know, you know, 639 00:38:32,160 --> 00:38:33,799 Speaker 1: I'm not. I don't you do know? Either you do 640 00:38:33,920 --> 00:38:36,359 Speaker 1: recommend or I don't. I would recommend he go talk 641 00:38:36,400 --> 00:38:39,680 Speaker 1: to an attorney who handles those types of cases. Because 642 00:38:39,719 --> 00:38:43,680 Speaker 1: I don't know if you're what's okay, if if it 643 00:38:43,760 --> 00:38:47,800 Speaker 1: happened to Blue, would you recommend Blue go to attorney 644 00:38:47,840 --> 00:38:56,200 Speaker 1: in fight back? No, I would say, hey, you know, 645 00:38:56,440 --> 00:38:59,640 Speaker 1: be happy that you're not going to jail, learned from 646 00:38:59,680 --> 00:39:06,240 Speaker 1: this and you know, and move on or or or 647 00:39:07,560 --> 00:39:10,719 Speaker 1: go into it. Let it consume the next three to 648 00:39:10,800 --> 00:39:13,719 Speaker 1: five years of your life going to court. Stack a 649 00:39:13,760 --> 00:39:18,880 Speaker 1: couple of meal maybe maybe probably not anything. Maybe you know, 650 00:39:18,960 --> 00:39:23,839 Speaker 1: I don't know ten grand because you know he spent 651 00:39:23,880 --> 00:39:25,959 Speaker 1: the night in jail. It's you know, I mean, what's 652 00:39:26,000 --> 00:39:28,719 Speaker 1: the damages those are? That's the hard part of all 653 00:39:28,760 --> 00:39:33,920 Speaker 1: the damages they took my tip pounds that cost But 654 00:39:34,040 --> 00:39:37,839 Speaker 1: that's not gonna go the cases that you did one 655 00:39:37,920 --> 00:39:44,239 Speaker 1: damn jail. Okay, No, guess what, Yeah, the cases this 656 00:39:44,400 --> 00:39:47,720 Speaker 1: is not worth the money. Yeah, yeah, that's what you're saying. 657 00:39:48,080 --> 00:39:49,600 Speaker 1: You know what I mean, the amount of money you 658 00:39:49,640 --> 00:39:51,440 Speaker 1: probably pay for the attorney fees. You might be able 659 00:39:51,440 --> 00:39:54,040 Speaker 1: to get that back. So let's say the attorney fees 660 00:39:54,160 --> 00:39:56,600 Speaker 1: and you know, um, if not, you got just charged 661 00:39:56,600 --> 00:39:58,680 Speaker 1: to here. You know, the most important game, bro, and 662 00:39:58,760 --> 00:40:02,120 Speaker 1: just keep moving. Most important things gonna happen here. That 663 00:40:02,239 --> 00:40:05,080 Speaker 1: cop and all of his cronies, they're gonna think twice 664 00:40:05,200 --> 00:40:08,960 Speaker 1: before they walk into some fucking house without a warrant. 665 00:40:09,640 --> 00:40:12,240 Speaker 1: So there you go, Well the law has been served. 666 00:40:12,320 --> 00:40:14,920 Speaker 1: Way to go, washerman, Pop brothers, A law went again. 667 00:40:15,920 --> 00:40:19,000 Speaker 1: Thank you guys being there. That was Chris. How did 668 00:40:19,000 --> 00:40:20,680 Speaker 1: you feel did you clap? Did you want to at 669 00:40:20,680 --> 00:40:22,040 Speaker 1: the end? What did you feel like at the end 670 00:40:22,080 --> 00:40:24,480 Speaker 1: when that all wrapped up? You know, it was actually confused. 671 00:40:24,480 --> 00:40:31,680 Speaker 1: I where do we go from here? Because sandwiches wait, wait, 672 00:40:31,719 --> 00:40:34,200 Speaker 1: bay baye bae. So this whole case has been weird. 673 00:40:34,400 --> 00:40:37,239 Speaker 1: I think I've mentioned that before, with these rulings being 674 00:40:37,239 --> 00:40:39,960 Speaker 1: put off. This was another kind of weird thing. So 675 00:40:40,080 --> 00:40:42,799 Speaker 1: for instance, my nephew's case we did years and years ago. 676 00:40:43,160 --> 00:40:45,920 Speaker 1: We did the same motion, same type of motion, and 677 00:40:45,960 --> 00:40:48,920 Speaker 1: then it was granted and then the judge said, motion 678 00:40:49,000 --> 00:40:52,680 Speaker 1: to dismiss counselor yes, moved to dismiss case, dismissed. Done? 679 00:40:52,960 --> 00:40:57,279 Speaker 1: All right there this judge right when it was over, 680 00:40:57,440 --> 00:40:59,239 Speaker 1: you know, she called for China to turn to get 681 00:40:59,239 --> 00:41:01,279 Speaker 1: the thing and come off. Okay, we're gonna set another 682 00:41:01,320 --> 00:41:02,880 Speaker 1: pre trial date to come back. I want to give 683 00:41:02,920 --> 00:41:06,440 Speaker 1: the prosecution time, the proper time to file an appeal 684 00:41:06,520 --> 00:41:09,319 Speaker 1: if they want to. We come back in September for 685 00:41:09,360 --> 00:41:11,520 Speaker 1: a pre trial. Now, in between that time, we got 686 00:41:11,520 --> 00:41:13,440 Speaker 1: to file our motion to dismiss They don't have any 687 00:41:13,440 --> 00:41:18,400 Speaker 1: evidence anymore. I don't know why. Again, you know, judges 688 00:41:18,440 --> 00:41:20,759 Speaker 1: can do whatever they want, and this is procedure, and 689 00:41:21,280 --> 00:41:23,879 Speaker 1: that's what happened. So now we just have to wait 690 00:41:23,880 --> 00:41:26,440 Speaker 1: a little longer to file it and get it formally. 691 00:41:26,520 --> 00:41:28,040 Speaker 1: But what do you gonna go back for it for what? 692 00:41:28,040 --> 00:41:30,959 Speaker 1: I don't understand Because the judge said, Because the judge said, 693 00:41:30,960 --> 00:41:34,160 Speaker 1: we're setting pre trial, we're giving prosecution. I think the 694 00:41:34,200 --> 00:41:36,120 Speaker 1: I think they have fifteen days to file an appeal 695 00:41:36,200 --> 00:41:37,560 Speaker 1: if they want to file in it. What was your 696 00:41:37,560 --> 00:41:40,640 Speaker 1: client there? No, he lives out of state, so he 697 00:41:40,680 --> 00:41:42,279 Speaker 1: didn't have to come back for them. No, we fear 698 00:41:42,320 --> 00:41:45,839 Speaker 1: what's called nine seven seven under the Penal Code in California, 699 00:41:45,920 --> 00:41:50,120 Speaker 1: which allows us to appear on misdemeanors without our client 700 00:41:50,200 --> 00:41:54,480 Speaker 1: being present. So walk us through that phone call to 701 00:41:54,560 --> 00:41:58,719 Speaker 1: the client. Well, I called him up. I said, sir, 702 00:41:59,680 --> 00:42:05,800 Speaker 1: we got this case dismissed. And you know I can't 703 00:42:05,840 --> 00:42:08,239 Speaker 1: hear tears of joy on the other line on the 704 00:42:08,239 --> 00:42:11,360 Speaker 1: other side of the phone call. But you know, the 705 00:42:11,360 --> 00:42:15,439 Speaker 1: the excitement, the you know, thank you, the just all 706 00:42:15,520 --> 00:42:18,040 Speaker 1: of that pours right through and it just feels so good. 707 00:42:18,080 --> 00:42:21,920 Speaker 1: You know, when you know somebody who it shouldn't have happened, 708 00:42:22,160 --> 00:42:23,840 Speaker 1: give the funk what they're doing. The guy was in 709 00:42:23,880 --> 00:42:26,759 Speaker 1: his in his own home, because it's your home when 710 00:42:26,760 --> 00:42:29,560 Speaker 1: you're doing an Airbnb, when you're at a hotel, it's 711 00:42:29,600 --> 00:42:32,839 Speaker 1: your place. And he was there and he guys just 712 00:42:32,920 --> 00:42:35,279 Speaker 1: walked in and stuck a gun in his face. Fucked up. 713 00:42:35,960 --> 00:42:39,800 Speaker 1: So I am very very glad that we got this decision. 714 00:42:39,800 --> 00:42:42,719 Speaker 1: And as I said, and other other officers out there 715 00:42:42,760 --> 00:42:46,000 Speaker 1: listening to this, I think twice, you can't just walk 716 00:42:46,000 --> 00:42:48,440 Speaker 1: in the house. Now, if you hear screaming, if you 717 00:42:48,440 --> 00:42:52,040 Speaker 1: hear ship going on, you're here an emergency. Do your job, 718 00:42:52,880 --> 00:42:56,960 Speaker 1: follow the emergency. You don't hear anything, but door was unlocked. 719 00:42:57,400 --> 00:43:00,759 Speaker 1: I saw a black guy, neigh are said there. The 720 00:43:00,920 --> 00:43:04,520 Speaker 1: gang was the whoo whoo whoo, And how how did 721 00:43:04,520 --> 00:43:06,800 Speaker 1: that neighbor and even know what a gang whistle? What 722 00:43:06,920 --> 00:43:11,359 Speaker 1: y is he in? How do you know? It's Here's 723 00:43:11,360 --> 00:43:13,680 Speaker 1: something I like in your house. Let me point out 724 00:43:13,719 --> 00:43:16,880 Speaker 1: to one important thing that happened during the case was 725 00:43:17,600 --> 00:43:21,400 Speaker 1: when I was asking the officer, well, the guy on 726 00:43:21,520 --> 00:43:23,640 Speaker 1: the porch, you know, what did he look like? Did 727 00:43:23,640 --> 00:43:25,120 Speaker 1: he look like the guy who was in the house, 728 00:43:25,760 --> 00:43:27,440 Speaker 1: you know? And there was no, I don't know, you know, 729 00:43:27,440 --> 00:43:29,759 Speaker 1: I don't know. So they didn't even he couldn't even 730 00:43:29,800 --> 00:43:31,239 Speaker 1: say that the guy on the porch was the same 731 00:43:31,239 --> 00:43:33,520 Speaker 1: guy in the house, you know. So it was just 732 00:43:33,680 --> 00:43:36,759 Speaker 1: and I mean, it was just so so messed up, 733 00:43:37,200 --> 00:43:39,759 Speaker 1: and it took so long to get it done and 734 00:43:39,880 --> 00:43:43,480 Speaker 1: over with, but we did. We stuck to it. We 735 00:43:43,600 --> 00:43:45,840 Speaker 1: stuck to our guns. I'll never forget a year and 736 00:43:45,880 --> 00:43:47,440 Speaker 1: a half ago or so when this case came to 737 00:43:47,520 --> 00:43:49,680 Speaker 1: us and I was reading it, and you know, when 738 00:43:49,680 --> 00:43:52,400 Speaker 1: I read a police report, I am just you know, 739 00:43:52,440 --> 00:43:54,759 Speaker 1: I'm looking. I'm waiting for things where I can just 740 00:43:54,800 --> 00:43:57,200 Speaker 1: go yeah and that, and this is what I was 741 00:43:57,239 --> 00:43:59,120 Speaker 1: reading it, and like, oh, well, there's no signs of 742 00:43:59,160 --> 00:44:01,960 Speaker 1: brilliant like he opened the Wait a minute, I read that, right, 743 00:44:02,200 --> 00:44:05,319 Speaker 1: He just put his hand on the back door, opened it. 744 00:44:05,320 --> 00:44:07,440 Speaker 1: It was unlocked, and he walked in. Wait. Let me, 745 00:44:07,480 --> 00:44:09,759 Speaker 1: I must have read it ten times that first time, 746 00:44:09,800 --> 00:44:12,160 Speaker 1: going okay, let me read it. Was there some screaming, 747 00:44:12,160 --> 00:44:15,239 Speaker 1: did he see breaking glass? What? Nope, he just walked in. 748 00:44:15,360 --> 00:44:18,720 Speaker 1: You can't do that. You can't walk in just walk 749 00:44:18,760 --> 00:44:22,439 Speaker 1: in without knocking and announcing, without a warrant, And that's 750 00:44:22,440 --> 00:44:24,719 Speaker 1: what he did. And so from that moment I was 751 00:44:24,760 --> 00:44:27,000 Speaker 1: licking my chops right in the beginning, and I knew 752 00:44:27,000 --> 00:44:29,719 Speaker 1: we were going to go there, and uh, that's where 753 00:44:29,719 --> 00:44:32,839 Speaker 1: we went, and we prevailed some very very happy, great job, 754 00:44:33,160 --> 00:44:36,000 Speaker 1: and he shut the funk up. That's probably the biggest 755 00:44:36,040 --> 00:44:37,920 Speaker 1: key right there, right, shutting the fun up. That hell. 756 00:44:37,960 --> 00:44:40,080 Speaker 1: Although you know, it's funny though in in a in 757 00:44:40,160 --> 00:44:45,200 Speaker 1: an instant like this, everything that happened after that door 758 00:44:45,280 --> 00:44:49,440 Speaker 1: was open more or less wasn't. It doesn't matter because 759 00:44:49,480 --> 00:44:51,400 Speaker 1: it was. It was that. That's what we were. He 760 00:44:51,440 --> 00:44:53,880 Speaker 1: could have okay, yeah, the door and everything after that 761 00:44:54,000 --> 00:44:57,359 Speaker 1: is right. He broke the law there once the judge said, hey, 762 00:44:57,400 --> 00:45:00,560 Speaker 1: that initial entry no good after you know, which is 763 00:45:00,640 --> 00:45:02,839 Speaker 1: what's still good that he did shut the funk up. 764 00:45:02,880 --> 00:45:04,759 Speaker 1: But but just to point out, if he would have 765 00:45:04,760 --> 00:45:08,400 Speaker 1: said yes, I'm I'm here, this is mine, all of 766 00:45:08,440 --> 00:45:12,879 Speaker 1: that evidence would have been and thrown out there there 767 00:45:12,880 --> 00:45:17,000 Speaker 1: by allowing us to get the case dismissing. Well, thanks 768 00:45:17,000 --> 00:45:19,600 Speaker 1: for Kino for showing up and making Mark the great 769 00:45:19,680 --> 00:45:22,000 Speaker 1: job Mark, I mean Pop Brothers. That law another win 770 00:45:22,800 --> 00:45:26,040 Speaker 1: and you know that's that's super important. And you know, 771 00:45:26,320 --> 00:45:29,320 Speaker 1: I do want to say that, you know, it's important 772 00:45:29,360 --> 00:45:31,799 Speaker 1: that that you know, we show this and if we 773 00:45:31,840 --> 00:45:33,920 Speaker 1: get the opportunity to go back into court, we should 774 00:45:33,920 --> 00:45:37,839 Speaker 1: do this more often because I think one of follows, Yeah, 775 00:45:38,120 --> 00:45:40,600 Speaker 1: you know, if people want to get involved, and I 776 00:45:40,640 --> 00:45:42,600 Speaker 1: know our listeners do as well. Guys, and guess what, 777 00:45:42,680 --> 00:45:45,480 Speaker 1: it's Cannabis Talk one on one. And remember remember this. 778 00:45:46,320 --> 00:45:49,400 Speaker 1: If no one else loves you, we thank you for 779 00:45:49,480 --> 00:45:51,480 Speaker 1: listening to Cannabis Talk one on one on the I 780 00:45:51,600 --> 00:45:55,640 Speaker 1: Heart Radio app, Apple podcast or wherever you get your podcasts.