cannabisnews.com: Judge Tosses Evidence From Cedar City Pot Bust Judge Tosses Evidence From Cedar City Pot Bust Posted by CN Staff on April 25, 2003 at 10:29:43 PT By Mark Havnes, The Salt Lake Tribune Source: Salt Lake Tribune Cedar City -- A state judge has ruled that marijuana and cash seized from the motel room of a trio of Californians cannot be admitted as evidence at trial because police did not have a search warrant. And that, says medicinal marijuana advocate and defendant Dennis Peron, is a victory for the Fourth Amendment. Fifth District Judge Philip Eves ruled Wednesday on a motion filed earlier by defense attorney Dale Sessions, who argued the seizure violated the U.S. Constitution's provisions against unlawful search and seizure. The ruling also applies to evidence seized from the two rental cars used by the three men. "The whole purpose of the Fourth Amendment is to keep police from just entering your house any time they please," said Peron, 56, of San Francisco. Peron; John Entwhistle, 38; and Kasey Conder, 20, also of San Francisco, were arrested in a Motel 6 in Cedar City on Nov. 14, 2001, after the motel clerk told police that he believed the men were smoking marijuana in their room. Although each man had a prescription from California doctors to use the drug to help combat alcoholism and depression, all were charged with possession with intent to distribute, a third-degree felony, and possession of drug paraphernalia, a class B misdemeanor. In his ruling, Eves said people in a motel room have the same rights as if they were in their home. Eves earlier had denied a motion to drop the charges because the men had prescriptions for the drugs, saying Utah does not recognize the use of marijuana for medicinal purposes. Iron County Attorney Scott Garrett said Eves' ruling was disappointing but he respects his decision and can see why he made it. "The Fourth Amendment is there to protect all of us," he said. Garrett said his office will speak to the Utah Attorney General's Office to see if it is interested in pursuing an appeal of Eves' decision. "If not," Garrett said, "than I'll make a motion to dismiss the case." Peron, who drafted the 1996 California initiative that led to the legalization of medicinal marijuana use in that state, said he and his friends were preparing to leave for a camping trip to Zion National Park when police showed up. "They looked angry and Desert Stormish," he said. Police held the three until a drug-sniffing dog arrived and found a little more than two ounces of pot in Peron's bag. Police also found about 11 ounces of pot in one of their vehicles and seized about 20 marijuana brownies and 13 copies of a marijuana cookbook Peron had written. Peron said he has worried about going to trial in a rural city like Cedar City, but the experience has been valuable. During his frequent trips back to Utah, he said, he set up booths at the Utah State and Iron County fairs advocating the medicinal use of pot and inspired about 1,000 letters to Gov. Mike Leavitt from Utahns asking for the drug to be legitimized as a medicine. Complete Title: Judge Tosses Evidence From Cedar City Motel Pot BustSource: Salt Lake Tribune (UT)Author: Mark Havnes, The Salt Lake Tribune Published: Friday, April 25, 2003Copyright: 2003 The Salt Lake TribuneContact: letters sltrib.comWebsite: http://www.sltrib.com/ Related Articles & Web Site:Marijuana.orghttp://www.marijuana.org/Marijuana Evidence Ruled Inadmissable http://cannabisnews.com/news/thread16044.shtmlSan Francisco Trio To Get Utah Trial On Pot Chargehttp://cannabisnews.com/news/thread12389.shtml Home Comment Email Register Recent Comments Help Comment #9 posted by FoM on April 25, 2003 at 20:10:22 PT palmspringsbum You seem to be trying to bring a disagreement from another forum to this site and I won't allow that to happen. If you have a problem with someone on another forum take it up on that forum. This is a news forum. [ Post Comment ] Comment #8 posted by palmspringsbum on April 25, 2003 at 19:45:09 PT: I truly resent being accused of 'nothing but talk'.And one of my beefs with the Pot-TV folk is when I was being robbed, and the neighbor's cat was put on my patio shot with it's back broken, and the neighbors called the police on me and tried to bust me, and I got a restraining order against them, and the police refused to honor the restraining order, and the neighbors BROKE INTO my place and robbed me, and I was having to disassemble my computer and put it in the car everytime I left my apartment and then unpack it and reassemble it when I got home to use it (to prevent the neighbors from stealing it), and the landlord evicted ME, and I spent months living in total terror......while I was going through all this not only did they not offer me any help of any kind whatsoever, but aftwerwards accused me of 'just talk'. And at the time I was told I should post my story in ARTISTIC INSPIRATIONS, essentially I was called a liar...They prattle all day long about how wonderful Canada is and how much they've accomplished and that we should just all leave and come to Canada...and then when someone here does something...evidently without any help from them whatsoever......so, you're NOT the puff_tuff that's a moderator on their forums?I can't tell you all I do, but it's a lot more than 'just talk'. [ Post Comment ] Comment #7 posted by FoM on April 25, 2003 at 18:18:19 PT Virgil I'm glad to see you. When someone who is a regular here doesn't post for a while I wonder if everything is ok. I just read where a dog just died from Sars. That's not good that it jumped from the family to a pet. I believe that smoke can help keep infectious diseases at bay. If I remember right it was the smoke from fires that helped control the one plague centuries ago. Wouldn't it be something if people who used Cannabis didn't ever get Sars? It very well could help. [ Post Comment ] Comment #6 posted by Virgil on April 25, 2003 at 18:09:19 PT Put me down for nine 4.20's on oil It looks like I still hold the lead for 2003 with nine 4.20's on oil. I have a certain place that I usually buy gas in Statesville when I trek into town for supplies. I think I have a reputation going because they are in on it. I get some friendly responses from all of them. I was going to write something on my bills. You know. I think we have been two brief. I will write something on all the bills when I go back and give them something to talk about.Well, the air is full with lies and the media is more than bad, it is all but sickening. The world is in bad shape will the Weasel- that is what they generally call W at DEAwatch acting like he wants to star in a remake of the Ten Commandments and play Moses. What gets me is that GWP will wants some cash for Christmas and let if fly come Christmas. By July 4th Europe will introduce cannabis to people's pain and about election time in Nov2004 Canada will see GWP or the a home team supplier asking to bring their legal prescriptions across the border on their mission to bring some sense to to us Americans that have submitted to the conquest of the plutocracy. The Schedule One Lie is moving into its own chapter as the Logical Conclusion brings us peasants our gruel and our herbal products that we can grow with carrots and potatoes and make a good soup with an appetite bouster. When they want to get serious about their duty to educate the children they will put warning labels on the machines and cans in public schools informing them to restrict their calories on sugars to 10 percent in their diet. We care about the children. Sell them candy. All you have to do to understand the present situation and turn it on its head. Ban the healthiest oil known to man and fatten corporate wallets with empires built on Sugar Water. [ Post Comment ] Comment #5 posted by FoM on April 25, 2003 at 15:59:46 PT puff_tuff And thank you too. Keep up the good work. You do a really fine job finding really good articles. I am easy going but when something upsets me anymore I just say it. The world is a different place since 9-11 and the war in Iraq. Sars is an up and coming issue that could have terrible consequences for the world. The economy is in trouble and SARS could make it worse. I can see SARS making it that people won't be able to gather freely. If SARS broke out in a city the city could be made that no one could come or go. We need to work hard and be strong so we can accomplish good things. Fussing and fighting seems so insignificant.We are a community and we need to defend one another and support one another. I have always been drawn to people who are trying to make a difference. Not by talking but by working. Matt Elrod, Ron Bennett, Richard Lake, The Kubbys, Richard Cowan are people that dig in and keep on working and they are inspiring to me. It's easy to criticize another person or organization but it is hard to keep quiet and work at something and really make a difference. You are one of those people too. [ Post Comment ] Comment #4 posted by puff_tuff on April 25, 2003 at 14:14:58 PT Pot-TV? I have nothing to do with Pot-TV, infact, with my old clunker computer I can't even view it. I have watched it a couple times from my sisters though, its great.FoM, thank you for the kind words, when it comes to hawking, you are the ultimate. [ Post Comment ] Comment #3 posted by FoM on April 25, 2003 at 12:19:24 PT palmspringsbum I don't appreciate what you said. If you have a problem with Pot TV I don't want to hear it on CNews. I love Pot TV and it has been a wonderful tool for activists. Puff_tuff is one of the best newshawks I've ever seen so please don't insult him on CNews. He posts a link so I can post the article. I archived it so as not to bump Dennis Perons wonderful victory. [ Post Comment ] Comment #2 posted by palmspringsbum on April 25, 2003 at 12:09:03 PT: you folks beat all When I saw your post I wondered, "What does that have to do with Dennis Peron and/or Utah."But I figured it out, leave it to Pot-TV to steal someone else's victory...and moment in the sun.http://www.marijuana.org [ Post Comment ] Comment #1 posted by puff_tuff on April 25, 2003 at 11:03:03 PT Mike Patriquen Friday, April 25, 2003Locked away in painJail shouldn't keep people from medicine in a civilized country, but it does hereColumn By Dave Swick The Halifax Daily News http://www.canada.com/halifax/dailynews/story.asp?id=6687652A-B47E-43A9-AF85-FC6FA14C640B [ Post Comment ] Post Comment