T
The420Guy
Guest
Marijuana raids in 1998 and 1999 have enmeshed Placer County in a series of
lawsuits alleging that Sheriff's Department members overstepped their legal
authority.
Three lawsuits have been filed in federal District Court in Sacramento
County, with Santa Cruz attorney Kate Wells representing plaintiffs Robert
DeArkland, Chris Miller and Lyman Sanborn.
But the Placer County County Counsel's Office is arguing that the raids wer=
e
conducted legally. Deputy County Counsel David Huskey said Monday that the
county has already rejected financial claims connected with the three suits
and that led to civil suits in Sacramento County.
A fourth suit has been filed in Sacramento Superior Court, with Steve Kubby
attorney David Nick serving as legal representative. Kubby and former
Rocklin dentist Steven Baldwin have also threatened civil action.
Both Kubby and Baldwin were arrested after drug raids by the Placer County
Sheriff's Department. Arguing that the marijuana seized from their homes wa=
s
for their personal medicinal use under Proposition 215, their cases went to
trial but went unresolved after juries stalemated on whether they were
guilty of possession of marijuana for sale. Last month, the Placer County
District Attorney's Office decided not to pursue a second trial with either
the Kubby or Baldwin case.
Wells and Nick could not be reached for comment Monday. Huskey said the
three cases handled by Wells will be heard one after another in 2003.
Huskey said the main allegation against the county is that search warrants
were obtained with false statements in affidavits.
"We're saying it's simply not true and makes no sense," he said.
Huskey said marijuana found in garbage cans formed a basis for a search and
there is no reason to believe any marijuana was planted in the trash to
facilitate granting a warrant.
"Given the number of garbage searches undertaken there are far more misses
than hits," he said. "It's a factual dispute that boils down to their word
against the word of an officer."
DeArkland, Miller and Nick's client also claim false arrest because of thei=
r
status as medical marijuana patients under Prop. 215, Huskey said. Under th=
e
Compassionate Use Act passed by voters in 1996, California residents can
grow and possess marijuana for medical use if they have a doctor's
recommendation.
"The problem is that the officers are investigating whether they could be
selling marijuana illegally," Huskey said. "A person could be a legitimate
medicinal marijuana user but also selling. The officers proceeded in good
faith."
Under the concept of qualified immunity, officers can proceed without
liability if the law is unclear, Huskey said. Prop. 215 doesn't provide law
enforcement with guidelines on reasonable amounts of cannabis for medical
marijuana patients. The amount of marijuana allowed to be grown by a patien=
t
became a key issue in the Kubby case. A total of 265 marijuana plants were
confiscated from Kubby's home but he contended the crop was for personal us=
e
because he needed all of it to keep a rare form of adrenal cancer in check.
Jurors deadlocked 11-1 in favor of acquittal.
The lawsuits also claim excessive force by law enforcement during the raids=
,
Huskey said.
"There was no physical harm," Huskey said. "Our response is that
investigators went in with their guns drawn and shouting orders but that's
typical. They're in a potentially dangerous situation and they holstered
their guns as soon as the site was secured."
A fifth suit against the county =AD also in federal court =8B has been launched
by Joseph Sandbank. His suit has been filed without an attorney. Huskey sai=
d
Sandbank does not claim to be a medicinal marijuana patient. His claim is
that investigators made a false statement to obtain a warrant, Huskey said.
The total damage claim amounts are in the millions of dollars.
Pubdate: 20 Mar, 2001
Source: Auburn Journal (CA)
Copyright: 2001 The Auburn Journal
Contact: ajournal@foothill.net
Address: 1030 High St., Auburn, CA 95603
Website: Auburn California News | Auburn Journal
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585
lawsuits alleging that Sheriff's Department members overstepped their legal
authority.
Three lawsuits have been filed in federal District Court in Sacramento
County, with Santa Cruz attorney Kate Wells representing plaintiffs Robert
DeArkland, Chris Miller and Lyman Sanborn.
But the Placer County County Counsel's Office is arguing that the raids wer=
e
conducted legally. Deputy County Counsel David Huskey said Monday that the
county has already rejected financial claims connected with the three suits
and that led to civil suits in Sacramento County.
A fourth suit has been filed in Sacramento Superior Court, with Steve Kubby
attorney David Nick serving as legal representative. Kubby and former
Rocklin dentist Steven Baldwin have also threatened civil action.
Both Kubby and Baldwin were arrested after drug raids by the Placer County
Sheriff's Department. Arguing that the marijuana seized from their homes wa=
s
for their personal medicinal use under Proposition 215, their cases went to
trial but went unresolved after juries stalemated on whether they were
guilty of possession of marijuana for sale. Last month, the Placer County
District Attorney's Office decided not to pursue a second trial with either
the Kubby or Baldwin case.
Wells and Nick could not be reached for comment Monday. Huskey said the
three cases handled by Wells will be heard one after another in 2003.
Huskey said the main allegation against the county is that search warrants
were obtained with false statements in affidavits.
"We're saying it's simply not true and makes no sense," he said.
Huskey said marijuana found in garbage cans formed a basis for a search and
there is no reason to believe any marijuana was planted in the trash to
facilitate granting a warrant.
"Given the number of garbage searches undertaken there are far more misses
than hits," he said. "It's a factual dispute that boils down to their word
against the word of an officer."
DeArkland, Miller and Nick's client also claim false arrest because of thei=
r
status as medical marijuana patients under Prop. 215, Huskey said. Under th=
e
Compassionate Use Act passed by voters in 1996, California residents can
grow and possess marijuana for medical use if they have a doctor's
recommendation.
"The problem is that the officers are investigating whether they could be
selling marijuana illegally," Huskey said. "A person could be a legitimate
medicinal marijuana user but also selling. The officers proceeded in good
faith."
Under the concept of qualified immunity, officers can proceed without
liability if the law is unclear, Huskey said. Prop. 215 doesn't provide law
enforcement with guidelines on reasonable amounts of cannabis for medical
marijuana patients. The amount of marijuana allowed to be grown by a patien=
t
became a key issue in the Kubby case. A total of 265 marijuana plants were
confiscated from Kubby's home but he contended the crop was for personal us=
e
because he needed all of it to keep a rare form of adrenal cancer in check.
Jurors deadlocked 11-1 in favor of acquittal.
The lawsuits also claim excessive force by law enforcement during the raids=
,
Huskey said.
"There was no physical harm," Huskey said. "Our response is that
investigators went in with their guns drawn and shouting orders but that's
typical. They're in a potentially dangerous situation and they holstered
their guns as soon as the site was secured."
A fifth suit against the county =AD also in federal court =8B has been launched
by Joseph Sandbank. His suit has been filed without an attorney. Huskey sai=
d
Sandbank does not claim to be a medicinal marijuana patient. His claim is
that investigators made a false statement to obtain a warrant, Huskey said.
The total damage claim amounts are in the millions of dollars.
Pubdate: 20 Mar, 2001
Source: Auburn Journal (CA)
Copyright: 2001 The Auburn Journal
Contact: ajournal@foothill.net
Address: 1030 High St., Auburn, CA 95603
Website: Auburn California News | Auburn Journal
Author: Gus Thomson, Journal Staff Writer
Phone: (530) 885-6585