cannabisnews.com: Attorney Files To Dismiss Pot Case





Attorney Files To Dismiss Pot Case
Posted by CN Staff on June 20, 2003 at 08:29:53 PT
By Ed Kociela
Source: Spectrum
Cedar City -- Iron County Attorney Scott Garrett has filed a motion to dismiss the case against three San Francisco men arrested 20 months ago on drug charges after the state attorney general's office announced it will not appeal a judge's ruling that the search of their motel room was unconstitutional. Garrett said he learned Thursday that the Utah Attorney General's Office will not appeal a decision by 5th District Court Judge Philip Eves that the Fourth Amendment rights of Dennis Peron, 57, John Entwistle, 37, and Kasey Conder, 20, were violated during a November 2001 arrest at a Cedar City motel. 
They were charged with possession of marijuana with the intent to distribute. Eves ruled that police violated their Fourth Amendment rights by not first obtaining a search warrant before entering the motel rooms shared by the men and that any evidence seized would not be admissible in court. The attorney general's decision persuaded Garrett to dismiss charges against the three men who are activists in the campaign to legalize marijuana for medicinal purposes. Peron wrote California's Proposition 215, a measure to legalize medicinal marijuana that was approved by voters in 1996. Ten other states have liberalized laws regarding medicinal use of the drug. "Obviously, we're disappointed that the motion to suppress the evidence was granted and that there will be no appeal, but we respect the attorney general's position and understand the decision he has made," Garrett said. Dale Sessions, attorney for the defendants, said he wasn't surprised that the state decided to drop the appeal process on Eves' ruling. "My impression of this process is that all of the people are men and women of integrity," he said. "This is how the system protects all of us. I know there will be some people who are not happy with the decision, but this sustains our expectation of a right to a private place, like a motel room, and sustains our constitutional rights as we enjoy them." Garrett said the disposition of approximately $4,500 in cash that was seized from the men at the time of their arrest has not been made. "That's still an issue," he said. "We'll try to fight that (the return of the money.)" Note: State office will not appeal Judge Eves' ruling.Source: Spectrum, The (UT)Author: Ed KocielaPublished: Friday, June 20, 2003Copyright: 2003 The SpectrumContact: opinions thespectrum.comWebsite: http://www.thespectrum.com/Related Articles & Web Site:Marijuana.orghttp://www.marijuana.org/Marijuana Evidence Ruled Inadmissablehttp://cannabisnews.com/news/thread16044.shtmlTrio to Get Utah Trial on Pot Chargehttp://cannabisnews.com/news/thread12389.shtml
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Comment #2 posted by FoM on July 26, 2003 at 19:45:14 PT
Related Article - - Cannabis Culture Magazine
Dennis Peron Likely To Beat Utah Charges: http://www.cannabisculture.com/articles/2993.html
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Comment #1 posted by FoM on June 20, 2003 at 08:51:55 PT
Related News Article from The Associated Press
Utah Prosecutor Drops Marijuana Charges Against San Francisco Men The Associated PressPublished: June 20, 2003Iron County Attorney Scott Garrett is dropping prosecution of three San Francisco men arrested 20 months ago on drug charges.Garrett filed a motion to dismiss the case after the state attorney general's office announced Thursday it will not appeal a judge's ruling that the search of the men's motel room was unconstitutional.Fifth District Court Judge Philip Eves had ruled that police violated the rights of Dennis Peron, 57, John Entwistle, 37, and Kasey Conder, 20, during a November 2001 arrest at a Cedar City motel. They were charged with possession of marijuana with the intent to distribute.Eves ruled police needed a search warrant, which they did not obtain. Police were called when a motel worker said she smelled marijuana."Obviously, we're disappointed that the motion to suppress the evidence was granted and that there will be no appeal, but we respect the attorney general's position and understand the decision he has made," Garrett said.Peron helped draft California's medical marijuana law and was a founder of San Francisco's Cannabis Cultivation Club.Peron, Entwistle and Conder had sought dismissal of the charges, saying their prescriptions for the drug should be recognized in Utah. Eves denied that motion, stating that Utah does not recognize the medicinal use of marijuana.The three men have been active in Utah, holding rallies to petition for legalizing medicinal marijuana.Copyright: 2003 Associated Press
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