[luvfriday]

This is from the OC Weekly- It took 2 minutes to find out why they are going forward with an ammendment that was revived this week out of thin air. Its not access its profits they are trying to stop.


Court Slams LAPD For Illegally Seizing Medical Marijuana Profits
Oct. 20 2009 @ 12:11PM
​In a remarkable opinion issued today with potential Orange County implications, the United States Court of Appeals for the Ninth Circuit blasted the Los Angeles Police Department (LAPD) for committing "highly objectionable," "tainted," "reckless," "misleading" and "illegal" conduct in a 2005 attempt to seize more than $186,400 from a legally compliant Southern California medical marijuana distributorship.


The justices showed no patience for LAPD's efforts to keep the cash for itself and then later--after it was clear they couldn't take possession legally--transferred it to Thomas P. O'Brien's LA-based U.S. Attorney's office, which planned to kickback as much as 80 percent of the money to the local cops.


"We are particularly concerned by the possibility that the LAPD might stand to profit from [its own] unlawful activity," wrote circuit Judge Richard R. Clifton, who went on to describe the money grab as "disturbing" and a "distinct" violation of the U.S. Constitution's limitations of police state activities such as tainted searches and seizures of private property.


The opinion reverses a federal District Court's ruling that blocked a summary judgment motion by United Medical Caregivers Clinic, Inc., which was trying to regain its plundered cash from federal agents. Though California law allows for medical marijuana distributorships, the feds eventually grabbed the clinic's cash under the theory that all marijuana sales are illegal under federal law. LAPD's misconduct should not preclude federal agents (who weren't involved in the case) from taking control of the money, federal prosecutors said.


(Interestingly, in a specious, last-ditch effort to prevent the clinic from recovering its funds, LAPD also argued that they'd conducted the search to protect federal law.)


But arguments by O'Brien's office failed in large part, according to the justices, because LAPD officers lied to gain the initial state judge-approved search warrant by failing to note that the clinic was operating lawfully under state law. In other words, the cops had no probable cause for their search that produced the cash, 209 pounds of marijuana, 21 pounds of hashish and 12 pounds of marijuana oil.

Noting the "strong" self-interest cops have in seizing drug assets for themselves, the justices said, "The integrity of this court is served by our refusal to allow the government to profit from illegal activity by law enforcement when such activity produces incriminating evidence."

In recent months and after this case was filed, U.S. Attorney General Eric Holder announced that federal agents will not prosecute medical marijuana providers in states where the activity is legal.


--R. Scott Moxley / OC Weekly

[wallawalla]

Originally Posted by luvfriday

This is from the OC Weekly- It took 2 minutes to find out why they are going forward with an ammendment that was revived this week out of thin air.


Court Slams LAPD For Illegally Seizing Medical Marijuana Profits
Oct. 20 2009 @ 12:11PM
​In a remarkable opinion issued today with potential Orange County implications, the United States Court of Appeals for the Ninth Circuit blasted the Los Angeles Police Department (LAPD) for committing "highly objectionable," "tainted," "reckless," "misleading" and "illegal" conduct in a 2005 attempt to seize more than $186,400 from a legally compliant Southern California medical marijuana distributorship.


The justices showed no patience for LAPD's efforts to keep the cash for itself and then later--after it was clear they couldn't take possession legally--transferred it to Thomas P. O'Brien's LA-based U.S. Attorney's office, which planned to kickback as much as 80 percent of the money to the local cops.


"We are particularly concerned by the possibility that the LAPD might stand to profit from [its own] unlawful activity," wrote circuit Judge Richard R. Clifton, who went on to describe the money grab as "disturbing" and a "distinct" violation of the U.S. Constitution's limitations of police state activities such as tainted searches and seizures of private property.


The opinion reverses a federal District Court's ruling that blocked a summary judgment motion by United Medical Caregivers Clinic, Inc., which was trying to regain its plundered cash from federal agents. Though California law allows for medical marijuana distributorships, the feds eventually grabbed the clinic's cash under the theory that all marijuana sales are illegal under federal law. LAPD's misconduct should not preclude federal agents (who weren't involved in the case) from taking control of the money, federal prosecutors said.


(Interestingly, in a specious, last-ditch effort to prevent the clinic from recovering its funds, LAPD also argued that they'd conducted the search to protect federal law.)


But arguments by O'Brien's office failed in large part, according to the justices, because LAPD officers lied to gain the initial state judge-approved search warrant by failing to note that the clinic was operating lawfully under state law. In other words, the cops had no probable cause for their search that produced the cash, 209 pounds of marijuana, 21 pounds of hashish and 12 pounds of marijuana oil.

Noting the "strong" self-interest cops have in seizing drug assets for themselves, the justices said, "The integrity of this court is served by our refusal to allow the government to profit from illegal activity by law enforcement when such activity produces incriminating evidence."

In recent months and after this case was filed, U.S. Attorney General Eric Holder announced that federal agents will not prosecute medical marijuana providers in states where the activity is legal.


--R. Scott Moxley / OC Weekly

That is alot of meds. for a location to have!

[ShiningSkull]

I love this! this is great!

[ShiningSkull]

Why are you guys on the side of the plundering LAPD?

The judge said they had no probable cause.

[Babybubba420]

So Lapd can profit on mmj each time they raid a club?
Shameful!
Very interesting read.

[wallawalla]

Originally Posted by ShiningSkull

Why are you guys on the side of the plundering LAPD?

The judge said they had no probable cause.

Not on the other side, but damn that is alot!!

[X Runner]

Very often, when the LAPD seizes marijuana, it is weighed while still in the boxes and bags they were thrown into. Also, any edibles are weighed as-is in the wrappers. I will wager dollars to doughnut holes that the weight isn't anywhere near 200 pounds. How do I know this? Lots of experience.

[ShiningSkull]

More on the disgusting behavior done in the name of the LAPD...

Appeals Court: Cops Acted Illegally,
Dispensary Entitled to Seized Money

23rd October, 2009

Found on High Times

The bad news is that police sometimes circumvent laws in order to make raids and seizures at the expense of legitimate medical marijuana dispensaries.

The good news is, in at least one case, they’re not going to get away with it.

The Ninth U.S. Circuit Court of Appeals in San Francisco ruled that an L.A. medical marijuana dispensary was entitled to the $186,400 that was taken from them during “an illegal police search and then claimed by the federal government.”

That’s right. The appeals court found that the LAPD acted illegally, ruled “the government should not be allowed to ‘profit from illegal activity by law enforcement,’” and is returning the money to the clinic in question.

It all went down like this:

Back in March of 2005, an L.A. police sergeant decided to check out United Medical Caregivers Clinic. After speaking with United Medical Caregiver’s chief executive and seeing patients at the clinic buying medical marijuana with doctor recommendations, the sergeant seems to have gotten it into his head that this would be an easy mark. He got his station to obtain a warrant (“without telling the judge that the clinic was a medical marijuana dispensary”). The clinic was then raided with this BS warrant and cops seized $186,400 from its register and safe – no one was charged with a crime.

Sounds a bit like a robbery, right? Well it gets worse.

United Medical Caregivers went to court to reclaim the seized money but the government claimed “the cash was the proceeds of activity that violated federal law.” And even though the original judge to hear the case found that the search was illegal – you know, because police failed to mention they were getting the warrant to raid a medical marijuana dispensary – he ordered the disputed $186, 400 to be forfeited to the government.

So, even though the cash was seized as evidence stemming from an illegal search, the government still gets to keep it?

Fortunately, the appeals court got it right, saying, “the evidence wasn’t independent and was a byproduct of wrongdoing by the Los Angeles police, who ‘misled a state judge into perceiving (the clinic’s) conduct as criminal.’”

The ruling was unanimous and Judge Richard Clifton added his dismay that the federal government would have handed the cash over to the police.

The clinic’s lawyer sums it up: “Police were being paid (a percentage of the funds) to lie to a Superior Court judge [who issued the search warrant].”

High Times > Appeals Court: Cops Acted Illegally, Dispensary Entitled to Seized Money

[ScrewyLewy]

WOW LAPD Breaking the law and profiteering with illegal drugs. Yea Walla I think the amounts are high too and yea they probably weighed the display case but: This took 5 years to resolve!! That is the scary part of law and order that it is swift NOT.

[steveadams203]

Originally Posted by X Runner

Very often, when the LAPD seizes marijuana, it is weighed while still in the boxes and bags they were thrown into. Also, any edibles are weighed as-is in the wrappers. I will wager dollars to doughnut holes that the weight isn't anywhere near 200 pounds. How do I know this? Lots of experience.

Yeah, you ever see when they weigh it?? they can turn 8 lbs into 200 lbs....


2 ounces inside a mason jar on a scale = 4lbs

30-40 mason jars x 4lbs = 160lbs of mj.

its much like the 1 plant = 1 pound rule


such a load of shit....

[Greenbud]

Originally Posted by Babybubba420

So Lapd can profit on mmj each time they raid a club?
Shameful!
Very interesting read.

And then they raid NNCC. Something stinks in Denmark!

GB

[luvfriday]

Well if clubs are collecting hunmdreds of thousands in donations maybe its time to ask what fuck is going on here! Maybe its the LAPDs bad for trying to keep the money but if they got robbed they could of gotten anyone in the shop killed for that much on hand. Bank robbers dont stand to leave a teller window with over $2000 if she is robbed in the morning her drawers give more cash then take normally. Bank robbery is 5 yrs min so thats makes clubs a great target if you ask me.

No one sits on almost $200K in cash unless they cant have a paper trail (laundering) of how they got the money. This is classic drug dealing under the so called prop 215 law. You know it, LAPD knows it, and Im not going to make calls for anything now that Ive been advised of what prompted them to crack down with no compassionn clubs. This club has pissed off the city and so personal not political if you ask me.

[luvfriday]

Yes any agency can keep (drugs whoppee not like they sell it out of thier units) most items tasken in any raid. Thats why they try to follow the law not break it. Sounds like this would have been a suprising jackpot for any agency.

5 yrs in attorneys billable hours is the real crime for anyone with a case.

[chrisghostlight]

Thats why I'm all for legalization. There is way too much demand here and a portion of that money should go to taxes and back to the state. But I'm not about to just sit back and trust the LAPD's coordinated effort. Too many mistakes have been made in the past.

[charliechill125]

Legalization is the answer to a lot of questions.

[jeanne71366]

If you think having the government in charge of cannabis will reduce cost, keep quality, and make things better I'd think again. Too much government is not a good thing.

[kennabis]

is big pharma gonna be givin up profits on meds (poison)?!?

i don't think so (done in a fred willard voice...)....... ahhh, you don't wike my werk

i'm slayin me!