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Caught on Tape!: What you need to know about recording others and others recording you

 As we have seen, recording conversations
can jeopardize peoples reputations, livelihood and even their freedom. In the
latest recording, Stephen Collins from 7th
Heaven, admits to child moles

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 As we have seen, recording conversations
can jeopardize peoples reputations, livelihood and even their freedom. In the
latest recording, Stephen Collins from
7th
Heaven,
admits to child molestation and now faces serious consequences. Can
this be held against him in a court of law? Also recently, Don Sterling lost
his Clippers Empire over a recorded racist rant to his mistress. Are these
recordings legally admissible in court? Is it legal to do this to people? What
about recording the police? It is important to know your rights as a patient,
grower and/or collective manager.

 

Expectation of privacy can be the most important
factor that the court will use in determining admissibility.
In Stephen Collins’ case, the statements were made
during a therapy session. Therefore, he had the expectation of privacy
associated with the therapist-patient privilege (the same goes with doctors,
lawyers, psychologists, etc.), and any recording conducted by the therapist
would be unethical, illegal and inadmissible. The caveat there, though, is that
the expectation of privacy diminishes when a third party is present. Here,
Collins’ wife attended the session and actually conducted the recording. Although
she is a third party, the question arises whether the recording constituted
“confidential marital communications” which is also inadmissible in California
court. Although Collins perhaps had a legitimate expectation of privacy,
California law allows secret recordings if they’re done in an effort to gather
evidence for a criminal case—which it seems like is the case here.

 

Ultimately it will be up to a
judge to decide the hotly contested issue of admissibility here, but my money
is on the recording coming in. California law states that anything relevant is
admissible. This basically tells a judge to find a way to get it in!

 

What about cases where no crime is
committed, such as Donald Sterling’s racist rant?
In Donald Sterling’s case, the recording of his racist
statements is likely inadmissible in a California civil suit. In fact, under
California Law it is illegal to record a conversation, in person or
telephonically, without the consent of all parties involved. Then, why did Donald
Sterling lose the Clippers? The NBA is a private organization and has its own
practices and regulations, which means it can do whatever necessary to benefit
its interests. Therefore, it is within the NBA’s board members’ power to oust
Sterling if they felt it best for the organization.

 

Is it admissible if recorded in a public
place?
Even if several parties are
present, the recording may not be admissible if the person being recorded has
an “objectively reasonable expectation that no one is listening or overhearing
the conversation.” Meaning, in a public setting, if the recorded party thinks
that no one can listen in, then it may be inadmissible in court, depending on
the factual circumstances.

 

Are recordings by law enforcement legal?
In California, on-duty police
officers may legally record conversations and interactions with the public. Since
these communications are recorded by public officials (cops), they can become
public record. That is why you see some of celebrities exposed for being
unpleasant, as was the case with Mel Gibson shouting anti-Semitic remarks at a
police officer.


Can we record encounters with law enforcement?
Yes, but the officer must be on duty and the recording
cannot interfere with their investigations or duties. You should record police
officers when safe and possible, to assure they conduct themselves in a
professional manner and don’t take advantage of their authority.

 

MMJ Note: Cannabusinesses
should have video cameras set up to protect themselves from the police, if ever
raided. It would also behoove those in the delivery business to have hidden
recording devices in the transport vehicles, if stopped by the police. Catching
any kind of misconduct by the police may help in a case against you or your
business.

 

Contact Meital Manzuri for
further help. Meital Manzuri is a Los Angeles-based criminal defense attorney,
speaker and consultant for patients, collectives and dispensaries. If you have
questions about medical cannabis or any other criminal defense matters, she can
be contacted via phone at (310) 601-3140 or www.Manzurilaw.com.

 

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Dispensary Highlight

Top Shelf | Washington

 

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Name:
Top Shelf
Medicinal

Address:
13724 Canyon Rd.
E., Puyallup, 98373

Website:
topshelfmedicine.com

Phone: (541) 389-1043

Interviewed:
Top Shelf
Owners, Management and Staff

What’s
the story behind the name of your access point?
The whole thing behind the name
is we just wanted to have a place that lives up to its name and reputation of “Top
Shelf.” With my conditions, I have to consume clean medicine. It has to be
grown properly, flushed properly . . . the whole nine yards. If it isn’t, I can
have extreme allergic reactions to the nutrients and/or pesticides still left
in the flower. It’s just one of those things where I wanted to provide
consistent, quality, proper flowers for both myself and our patients.

Whatdoes your access point offer patients that they can’t find anywhere else?

Here at Top Shelf, we provide a down home, easy feel to the place. Our patient interactions are never
rushed, and all of our patients comment on how comfortable and relaxed they
feel at our shop. We even have male patients that come in and say “Ok, I’m
going to bring my girlfriend/spouse here now, I always go in and check out
these places first to make sure it’s safe. She’ll like this place, I’m bringing
her in.” We hope to offer educational classes/seminars for those who want to
learn more about cultivation, cooking with cannabis and more.

Howhas the cannabis industry changed since you’ve been here? Where would you like
to see it go?
I
would like to see us do more of something like Colorado where if you want to be
on the medical side you have to produce your own product. This would eliminate
a lot of the middle men out there, if you want to do this—and you need to know
what you’re doing (e.g. cultivation of cannabis). We would like to see mandatory
testing of all medicinal products on shelves, which is something we feel will
be mandatory soon anyway. We encourage all vendors to have their products
tested if they are going to be consumed by patients. We would also like to see
a fair market price on medical cannabis, and not see medical cannabis taxed out
of affordability for low income patients that need clean, safe and effective
medicine.

Whatis the most important thing you hope to accomplish in the industry?

Helping people; hoping
to make a positive impact in the lives of the patients that come to our access
point. Also trying to get patients off a lot of these pharmaceuticals that are
so toxic and damaging to our bodies with long term use. Creating natural
remedies daily, offering a safe, alternative pathway to healing for our patients.

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Dispensary Highlight

Sweet Leaf Illusions | Oregon

 

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Collective Name: Sweet Leaf Illusions

Address: 8434 SE 82nd Ave., Portland, 97266

Website: facebook.com/sweetleafillusionspdx

What’s the story behind the name of your dispensary?

We were
trying to figure out a name that no one else had. We didn’t want to do the same
thing that every other company has done. And so we came up with Sweet Leaf
Illusions, me and Ian, one of our employee budtenders here. And the next thing
we know, after we got our license, four days later, there were a whole bunch of
Sweet Leaf companies. I guess they liked the name too.

How has the cannabis industry changed since you
have been in the business? Where would you like to see it go?
I think the testing
companies should be held liable for their testing results. As it is now, if a
patient gets sick on a product that had been tested but still had contaminants,
it is the dispensary that is liable.

 

What are the biggest challenges you face in this
industry as a dispensary? . . . Biggest joys?

Trusting the testing companies results that are coming out. They are saying that the
product is clean when you know that they haven’t tested for, probably, about 15
other pesticides. I want them to be in compliance, like dispensaries have to be
with the state. And have the state going after them to see that they are doing
their job, so they keep putting it all on the dispensary owner to verify that
the products are clean. Our biggest joy is really just helping the sick people
that come in. I can’t leave the patients I’ve gotten to know.

 

What is the one thing you want patients to know
about your dispensary?
I pretty much quiz all of our vendors to verify that their product is
clean. I only take the few vendors that test and I try to ensure that they are
the cleanest products you can get.

What is the most important thing you hope to
accomplish while in the MJ/MMJ community?

The state
needs to start doing inspections of the testing companies. They should spray
flowers with poisons and send them through (like a control test), to at least
verify that they are in compliance with the state law that the state put in,
that they are supposed to test for all pesticides. They need to find out that
they are not testing for pesticides that we all know have been around for
years.

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Tokyo OG

Available at Point Loma Patients Consumer Cooperative in Point Loma.The Tokyo OG from PLPCC is a real stand out due to its darker green coloring and dark red hairs. The nose is slightly earthy, a

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Available at Point Loma Patients Consumer Cooperative in Point Loma.

The Tokyo OG from PLPCC is a real stand out due to its darker green coloring and dark red hairs. The nose is slightly earthy, and very skunky and oily. Its flavor is really earthy and pungent, not at all sweet. Just a few hits provide an instant head change. The effects are not only cerebral though. The body effect provides complete, long lasting relaxation. Tokyo OG is ideal for muscle pain, sleep and appetite stimulation.

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