[zbestwun2001]

Court tells feds to return pot club's money

Bob Egelko, Chronicle Staff Writer
Tuesday, October 20, 2009


(10-20) 13:55 PDT LOS ANGELES -- A Los Angeles medical marijuana clinic is entitled to recover more than $186,000 that was seized in an illegal police search and then claimed by the federal government, a U.S. appeals court ruled Tuesday.

Although federal agents can investigate marijuana suppliers for violating federal drug laws, the government should not be allowed to "profit from illegal activity by law enforcement," said the Ninth U.S. Circuit Court of Appeals in San Francisco.

The ruling came a day after President Obama's Justice Department issued guidelines advising federal prosecutors not to target patients and clinics that are complying with laws in California and other states that allow the medical use of marijuana.

The case dates from March 2005, when a Los Angeles police sergeant went to the United Medical Caregivers Clinic, talked with its chief executive about its operations and saw patients buying marijuana with recommendations from their doctors.

The sergeant contacted his police station, which obtained a search warrant without telling the judge that the clinic was a medical marijuana dispensary, the court said.

No one was charged with a crime, but police kept the $186,400 they found in the clinic's cash register and safe. When the clinic went to court to reclaim the money, the federal government filed its own claim, saying the cash was the proceeds of activity that violated federal law.

Despite finding the search illegal, U.S. District Judge Stephen Wilson ordered the cash forfeited to the government. Wilson said U.S. authorities had independent evidence that the money came from drug sales - a declaration by the clinic's chief executive, who was seeking the money's return by arguing that the marijuana distribution complied with California law.

But the appeals court said 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."
Even worse, said Judge Richard Clifton in the 3-0 ruling, was the prospect that the federal government would have turned over most of the forfeited funds to the police.

"Police were being paid (a percentage of the funds) to lie to a Superior Court judge" who issued the search warrant, Paul Gabbert, the clinic's lawyer, said Tuesday.

The U.S. attorney's office declined to comment.

E-mail Bob Egelko at begelko@sfchronicle.com.

[referee4]

but police kept the $186,400 they found in the clinic's cash register and safe.
They must have missed a few days bank deposits , I hope.

[LocalBud]

just keeps getting better.....

that's the thing.. we are a nation of laws. Unfortunately some elected officials and cops have to be reminded and sometimes forced to obey the law.
Not only the ones they like!!

[Justonevoice]

This is a great story and it so happens that it is well overdue,now hopefully many of those other collectives that where raided in the past and got no charges filed can do the same, I have allways said "hit them in the pocket book and they will then understand".

[zbestwun2001]

Originally Posted by Justonevoice

This is a great story and it so happens that it is well overdue,now hopefully many of those other collectives that where raided in the past and got no charges filed can do the same, I have allways said "hit them in the pocket book and they will then understand".

Not sure if the city can appeal but they will not prevail.

[Greenbud]

Ha-Ha

GB

[BrattonBasher]

This could actually become an issue to bring up to the City Council that has some legs. Not only does it cost alot to raid a co-op, if the cops then have to actually follow due process and pay for damage they cause they could decide to re-think the heavy handed tactics they always use. Kinda nice that the court is making LEO's follow the rules and laws.

[peacefulIRIEfeelin]

Originally Posted by referee4

but police kept the $186,400 they found in the clinic's cash register and safe.
They must have missed a few days bank deposits , I hope.

all in a days work lol

[Big K R]

I sure hope to see many more stories like this one.

[Col. Kif]

Originally Posted by BrattonBasher

This could actually become an issue to bring up to the City Council that has some legs. Not only does it cost alot to raid a co-op, if the cops then have to actually follow due process and pay for damage they cause they could decide to re-think the heavy handed tactics they always use. Kinda nice that the court is making LEO's follow the rules and laws.

If the courts were making LEO's follow the rules & law, we wouldn't (as a community) be continually harrassed. This is only a partial remedy and vindication. These folks are still out thier money + lawyers/court fees + loss & disruption of business.

When all is said and done, the actions of that Seargent and the cops who lied to obtain a warrant (WHY are they not arrested and charged with perjury?) will be lauded by thier superiors, not corrected.

And the District Judge can rule all he likes but he's got no bite on the Feds, who already have the money in thier posession, illegally.

Untill there's some "tooth" to the bite, they will continue to do stuff like this.

[Justonevoice]

Originally Posted by Col. Kif

If the courts were making LEO's follow the rules & law, we wouldn't (as a community) be continually harrassed. This is only a partial remedy and vindication. These folks are still out thier money + lawyers/court fees + loss & disruption of business.

When all is said and done, the actions of that Seargent and the cops who lied to obtain a warrant (WHY are they not arrested and charged with perjury?) will be lauded by thier superiors, not corrected.

And the District Judge can rule all he likes but he's got no bite on the Feds, who already have the money in thier posession, illegally.

Untill there's some "tooth" to the bite, they will continue to do stuff like this.

Ahhh pay attention to the story, It was the US appeals court that means they are the feds. Hence the reference to the judge as "U.S. District Judge Stephen Wilson"

[kgbud1]

I wouldn't be surprised if the IRS didn't come to collect back taxes on it. You know they want to keep it. Damn Feds

Kgbud1

[Col. Kif]

Originally Posted by Justonevoice

Ahhh pay attention to the story, It was the US appeals court that means they are the feds. Hence the reference to the judge as "U.S. District Judge Stephen Wilson"

Ahhh I did gloss that it was District court .... my apologies. I still don't think that it invalidates the whole of my opinion.

In the end the accused still bears the brunt of the unrecoverable financial losses. Maybe if prosecutors had to pay legal defense fees if they loose they'd be less willing to gamble our tax dollars?

[DankJews]

Thanks For The Info. Good News Right?! Slowly Things Are Coming Along, Pretty Slowly Though..

.:Stay Medicated:.

[X Runner]

So what's next? Is the federal government going to apply for cert in the US Supreme Court? For the average citizen, obtaining cert is a near impossibility. Only a small percentage of cases are accepted for review but I would think that the high court would be more attentive to their own government's application for cert. Stiil, any review would be in the distant future and in the meantime the injunction will be in effect. I find it hard to believe that the feds will simply roll over and give the money back. It would set a bad precedent for them.

If anybody needs the services of an attorney in a federal forfeiture case, you should consider Paul Gabbert of Santa Monica. He is a specialist in this area of law and did a bang-up job for me some years back when the feds confiscated a large amount of personal possessions from me. Paul was able to recover them for me. It was an expensive, time consuming process. In fact, it cost more to recover my stuff than the value of the possessions. I was driven by the idea that at least the feds weren't going to benefit from their seizure.

[kennabis]

oh my! raid is in on this?!? why would "raid" be giving money to the feds?!? is "raid" givin money to cooley and trutanich as well?!?

oh no! it's raid!