cannabisnews.com: Marijuana Evidence Ruled Inadmissable





Marijuana Evidence Ruled Inadmissable
Posted by CN Staff on April 24, 2003 at 09:45:43 PT
By Ed Kociela
Source: Spectrum
Cedar City -- Evidence seized during the arrest that led to felony drug charges against three San Francisco men 17 months ago was ruled inadmissible by a 5th District Court Judge late Monday, setting the stage for possible dismissal of the case. Judge J. Philip Eves ruled that because police entered the motel room of Dennis Peron, 56, John Entwistle, 38, and Kasey Conder, 20, on Nov. 14, 2001, without a search warrant, none of the evidence seized could be used during trial. 
More than a pound of marijuana and approximately $4,500 in cash was seized at the time of their arrest. The three men argued initially that their possession of the marijuana was legal because all three have prescriptions, issued by a California doctor, to use the drug to treat alcoholism and depression. "He basically ruled that there is an expectation of privacy in a hotel room, much like a privacy expectation in your home," Dale Sessions, attorney for the three men, said. "The Fourth Amendment requires the police to have a magistrate issue a search warrant before they can barge into a private place. Once the officers had entered the hotel room, all of the evidence from the search, including some things located in their personal vehicles, was unavailable to the prosecution." That leaves Iron County Attorney Scott Garrett with only two options: He can appeal the ruling or ask Eves to dismiss the case. "What I'll do is talk to the state attorney general's office to see if there are any appealable issues here," Garrett said. "If there are, we'll support the appeal process. If they decide they don't want to pursue an appeal, we'll dismiss the case. "We're disappointed (with the ruling), but we respect Judge Eves' decision and understand why he ruled the way he did. The Fourth Amendment is there to protect all of us." Eves' ruling will probably drop the curtain on the case that centered around Peron, who wrote the initiative approved by California voters several years ago to legalize medicinal marijuana. Peron, Entwistle and Conder initially had Sessions motion to dismiss the charges against them, citing their prescriptions for the drug should be recognized as valid in the state of Utah. Eves, however, ruled against that motion, stating that Utah does not recognize the medicinal use of marijuana. The three men have been active in Utah, holding rallies in several locations to petition for legalized medicinal marijuana. Note: Judge's ruling sets up possible case dismissal.Newshawk: DruidSource: Spectrum, The (UT)Author: Ed KocielaPublished: Thursday, April 24, 2003Copyright: 2003 The SpectrumContact: opinions thespectrum.comWebsite: http://www.thespectrum.com/Related Articles & Web Site:Marijuana.orghttp://www.marijuana.org/ San Francisco Trio to Get Utah Trial on Pot Chargehttp://cannabisnews.com/news/thread12389.shtmlBusted Tourist Vows To Fight Drug Charges http://cannabisnews.com/news/thread11405.shtmlStirring The Pot - Sacramento News & Review http://cannabisnews.com/news/thread10662.shtml 
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Comment #1 posted by FoM on April 24, 2003 at 16:58:18 PT
News Article from KSL News
Marijuana Advocate Off the HookApr. 24, 2003Sam Penrod reporting Dennis Peron on KSL Radio: "THE POT I HAD IS LEGAL IN CALIFORNIA, I GREW IT, I DIDN'T BUY IT, I DIDN'T SELL IT. IT'S MINE!" One of the country's biggest proponents of using marijuana for medical reasons is off the hook in Utah, after a Cedar City Judge ruled the pot was illegally seized. Dennis Peron, who successfully led the campaign to get marijuana legalized as a medicine in California, has been fighting prosecution in Utah, after he was arrested for possessing a pound of pot. A judge decided police should have had a search warrant before they entered Peron's motel room back in the Fall of 2001. In a written ruling issued by 5th District Judge, Phillip Eves, evidence taken from the Cedar City motel room occupied by Dennis Peron and two of his traveling companions, cannot be used against them. Back in November of 2001, Cedar City police had responded to the motel, after receiving a complaint. They went into the room and discovered a pound of marijuana and 45- hundred dollars in cash. Peron, who operates a website advocating the use of marijuana and two other men, who were in Utah sightseeing, were charged with felony possession of marijuana with intent to distribute, along with drug paraphenila. Peron tells KSL Newsradio he's relieved to be exonerated. "Dennis Peron "I'M GLAD THE CONSTITUTION IS STILL ALIVE. I'M LOOKING FORWARD TO HANGING OUT IN UTAH, I HOPE THAT SOMEDAY WE CAN LEGALIZE MEDICAL MARIJUANA IN UTAH." Peron had previously lost his argument that a prescription from a California doctor gave him the legal right to have the drug. And there is no indication the judge's decision reflects a person's right to use marijuana for medical purposes, rather the ruling cites unlawful search and seizure, which is prohibited under the Fourth Amendment. The Iron County attorney says he can either appeal the judge's decision to a higher court or dismiss the charges. That decision is expected within a month. http://tv.ksl.com/index.php?nid=5&sid=24009
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