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Breaking News

Court Slams LAPD For Illegally Seizing Medical Marijuana Profits

By R. Scott Moxley, Tuesday, Oct. 20 2009 @ 12:11PM
Comments (15)
Categories: Crime & Sex, Moxley, Yo Smoka Smoka
BarneyFife.jpg
​
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

Tags:

Attorney General Eric Holder, LAPD, Los Angeles Police Department, Medical marijuana, Ninth Circuit, Thomas P. O'Brien
Comments (15) Write Comment
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  • Thomas O'Brien
  • R. Scott Moxley
  • Psychoactive Drugs
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Comments (15)

Paris Merriam says:

Once again, local cops are acting like they are federal agents. Are these cops going to be arrested and charged with committing a crime? Or will they be fired for trying to impersonate federal agents? If not, perhaps Michael Moore could go to the LAPD and do a documentary about these illegal search and seizure activities and place those responsible under citizens arrest.

Posted On: Tuesday, Oct. 20 2009 @ 3:11PM
John Davis says:

Wow that is truly amazing dude. Who would have thunk it?

Posted On: Tuesday, Oct. 20 2009 @ 6:36PM
Realist says:

Dont' you understand the cops will NEVER be punished for doing ANYTHING illegal.

Posted On: Tuesday, Oct. 20 2009 @ 6:41PM
Luantik says:

"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."

Yeah, we'll see.

Posted On: Tuesday, Oct. 20 2009 @ 8:05PM
Chris says:

Am I still stupid for the club idea? Looks like the tide is shifting!

Posted On: Tuesday, Oct. 20 2009 @ 9:00PM
Jennifer says:

Why don't the cops in California stick to robbing prostitutes? Haven't they stolen enough from them?

Posted On: Tuesday, Oct. 20 2009 @ 10:16PM
Jay says:

The US really needs to revamp their seizure and forfeiture laws because there is a HUGE profit motive for law enforcement. Law enforcement should not be run as a business, it's a government agency and it should always act in the public interest and never their own.

Why not make the two following simple changes;

1) All seized assets must be returned if not declared illegal by a judge in the course of a criminal court case within a reasonable time frame. Currently assets are seized and never returned whether criminal charges are files or not. Then, if the assets owners try to recover them they are threatened with criminal actions to deter them. This makes law enforcement agencies the judge jury and executioner. Law enforcement and the judicial system are separated for a reason. By it's very nature law enforcement must be adversarial however the judicial system is supposed to be impartial and the current laws totally bypass the impartiality.

2) All seized assets should go to some totally unrelated fund, maybe social security or to pay off the federal deficit. Simply put, remove the profit motive.

Posted On: Wednesday, Oct. 21 2009 @ 6:43AM
jason says:

So typical. Unfortunately, nearly every cop I've had the misfortune to encounter (and I've only dealt with them for traffic violations) was a total jerk.
No, I am never anything but compliant and polite. Otherwise, who knows what they'll do?
Even cops I've met outside their work have often been cynical no-it-alls who complain about society and their jobs.
QUIT! You are not qualified until you get a degree in psychology.

Posted On: Wednesday, Oct. 21 2009 @ 7:52AM
that057guy says:

Fuck the Police!!

Posted On: Wednesday, Oct. 21 2009 @ 12:00PM
e cigarette says:

Seriously corrupt cops like this should be fined double or something. This is messed up. We give them the opportunity and privilege to serve and protect and this is how they treat us... makes me mad!

Posted On: Wednesday, Oct. 21 2009 @ 1:26PM
RichieRich says:

The sad fact is this: cops who lie ( 99%) have no worries about any prosecution. prosecutors love cops and will do anything to protect them. The filthy cops in this case LIED to get a warrant, a common occurence, yet nothing will happen to them. There are only administrative remedies for cops, and their bosses are also cops who do not want any sanctions.

There should be swift and severe punishment for any cop that falsifies evidence or that withholds facts that would tend toward innocence as well as allegations of crime.In this case the cops acted as if there was no law pertaining to possession for medical use...totally ignoring Prop. 215 and court decisions important to same, in order to get a warrant.

They then use brutal stormtrooper tactics in raiding these dispensaries, forcing people in wheelchairs into prison vans and pointing guns at pregnant women and kids...all to steal the weed and cash. It is armed robbery, plain and simple, done under the guise of legality, and with no shame.

Why all the venom? Simple: Pot accounts for more arrests than all other types combined. Almost a million people a year get arrested for pot and have to go thru the motions of the ' justice ' system. it is all about money. Cops get a paycheck for easy work with non-dangerous people..pot people are notorious for not being violent..courts and lawyers feed at the trough with abandon..as well as drug counselors and probation and parole and on and on...ad nauseum.

They know damned well that if pot were off the table they would actually get off their butts to justify their existence for a change.Overtime for court is a staple of cops money: they love to bust petty pot users a dn dealers because they get big bucks to spend the time needed in court to deal with them all. Take that away and cops might have to find other moonlighting jobs, and that they don't like.

The people who champion prohibition cannot argue it intellectually because the facts are all against them. They are forced into making silly and easily disproven claims just hoping that the public will swallow it and not check it out.

Notice that shills like Bill O'Reilly are making claims so outrageous that not even he could believe it: He actually said recently on a show that : " People are buying medical marijuana at the dispensaries and selling it by the joint to kids so they can get money for crack and meth".

Unreal. Is there ANY evidence that anyone has EVER been caught doing that? It is possible of course that it could happen; after all, under prohibition the criminals decide who is old enough. But I doubt that many cops have heard of this happening as a regular thing. Surely Fox news would be trumpeting it day and night if there were a shred of proof.

Anyway, count on more and more egregious violations of our rights as the police state gets bolder and more stubborn in their efforts to maintain the money flow that Prohibition of Some substances provides..after all, it is always the dollar..always the dollar.

Posted On: Thursday, Oct. 22 2009 @ 12:52PM
Patriot55 says:

If dirty cops get busted doing things like this, maybe their punishment should be to get sent to the Border Patrol or help their comrades in Mexico where the REAL crime is going on! Let them EARN their money for a change! Harrassment and bullying law abiding citizens is not part of their oath!

Posted On: Friday, Oct. 23 2009 @ 9:17PM
Patriot55 says:

And to the United States Court of Appeals for the Ninth Circuit, THANK YOU for upholding the Constitution! I only wish that more judges were as intelligent and understood the law as well as you obviously do!
Now what is being done about the REAL CRIMINALS in this case, the Thomas P. O'Brien's LA-based U.S. Attorney's office and the dirty cops involved, including their Chief?

Posted On: Friday, Oct. 23 2009 @ 9:23PM
George Washington says:

Question: Why is America not part of England?

Answer: Because Patriots killed tyrants.

Posted On: Friday, Nov. 6 2009 @ 5:05AM
scott says:

now the dea have charged me and my wife on made up charges that could put us both away for 15 years.

Posted On: Thursday, Feb. 4 2010 @ 6:30PM

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