Robert F. Landheer is a Specialist in Criminal Law, as certified by the California Board of Legal Specialization, and has been defending the constitutional rights of individuals throughout Southern California since 1981.

Constitutional Rights

When a person is arrested and formally charged with a crime, the individual is accorded constitutional rights that help ensure he or she is treated fairly by the prosecution, courts, and the state.  Key federal protections outlined in the U.S. Constitution, specifically the Bill of Rights, include the following:

• Fourth Amendment:  Generally, law enforcement officials must have probable cause to search you and your belongings.  The Fourth Amendment protects individuals from unreasonable searches and seizures, and can be invoked in any context where the validity of the search and seizure of evidence is at issue.

• Fifth Amendment:  Under Miranda v. Arizona, a formative case in establishing criminal constitutional protections, the U.S. Supreme Court stated that when individuals are in custody or under arrest, they have the right to refuse to make damaging statements against themselves. 

• Sixth Amendment:  The Sixth Amendment essentially states that individuals have the right to legal counsel after they are formally charged or arraigned, ensuring that defendants can have representation in all important phases of a case. 

Medical Marijuana Defense

We have handled numerous marijuana-related criminal cases, including cultivation, possession, and use cases, and have an in-depth understanding of the relevant Medical Marijuana laws.  In 1996, California passed Proposition 215, known as The Compassionate Use Act, which allows seriously ill individuals who have a physician's authorization to cultivate and use marijuana without being criminally prosecuted.  The passage of this Act was a significant step towards recognizing the rights of individuals who need marijuana to treat their recurring ailments, illnesses, and diseases. 

Codified in Health & Safety Code Section 11362.5, the law specifically states that "seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS...migraine, or any other illness for which marijuana provides relief."  The Act also states that a patient's primary caregiver, who possesses or cultivates marijuana for the medical purposes of the patient, as recommended by the patient's physician, will not be criminally prosecuted for doing so.