Yesterday The Blaze reported the story of Wladyslaw “Wally” Kowalski, a man who reportedly has a license to legally grow and sell medical marijuana to poor patients. Police claimed to have spotted the marijuana plants from a helicopter and decided to take action. So what action did they take? They seized his personal property, including a power generator and expensive tools. His bank accounts were later reportedly frozen, leaving Kowalski incapable of paying bills and student loan installments. Mr. Kowalski was never charged with a crime and has not yet been charged with a crime. This is unconstitutional.
The U.S. Constitution states:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
I believe all three of these Amendments were violated in this case. (See italics)
The article reports:
However, the police allegedly didn’t consider whether the plants were being legally grown. Kowalski told the Mackinac Center for Public Policy that officers confiscated items that had nothing to do with his small marijuana operation during the raid, including the generator.
When they searched his home, Kowalski recalled officers growing excited when they found information about his bank accounts.
“When they found my bank accounts here in my office, they let out a yell. They said, ‘Here’s the bank accounts, we got him.’ It’s like the happiest thing for them, to find my bank accounts,” he said.
Kowalski’s marijuana license was not revoked.
After the case was given some publicity by the Mackinac Center, Mr. Kowalski’s assets were unfrozen, but his property was not returned. His property was kept by the police under the guise of civil asset forfeiture.
On November 23, I posted a similar story (rightwinggranny) about Jeffrey, Richard and Mitch Hirsch, who had their bank accounts seized because of consistently making deposits under $10,000.
The Blaze also reports a similar incident in Michigan:
Thomas Williams, another southwest Michigan resident, suffered a similar ordeal. His medical marijuana activities prompted police to ransack his property while they left him handcuffed for 10 hours. The cops took his car, phone, TV, and cash. Afterward, he had no means of getting to the grocery store or even contacting another human being for days. Like Kowalski, he hasn’t been charged with a crime.
That was over a year ago. The police still have his stuff.
If Americans don’t begin to stand up for the rights given to them under the U.S. Constitution, we will lose those rights. Know your rights and stand up for them.
