Court Slams LAPD For Illegally Seizing Medical Marijuana Profits
By R. Scott Moxley, Tuesday, Oct. 20 2009 @ 12:11PM
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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.
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