cannabisnews.com: Richard Cowan: Police Brazenness In The Kubby Case Richard Cowan: Police Brazenness In The Kubby Case Posted by FoM on July 03, 1999 at 10:26:55 PT Kubby Announce Source: The Kubby Files Amendment 4 To The United States Constitution: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Amendment 5 To The United States Constitution: "No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." THE RULE OF LAWLESSNESS: POLICE BRAZENNESS IN THE KUBBY CASEby Richard Cowanhttp://www.marijuananews.com/ I like to emphasize that every case is important, because every individual is important. However, the Kubby case is important in two unusual ways. First, it is important as a medical marijuana case, because of Steve Kubby's condition has major implications for the medical use of cannabis. Second, it is very important because its unique political nature highlights almost all of the abuses of due process that can be combined in one case, without ever going into the medical marijuana question under California's Prop 215. Consider: While Kubby was the California Libertarian Party candidate for governor, he was put under police surveillance for six months by a multi-agency taskforce that spent a half million dollars - based on an anonymous tip. What does that do to the democratic process? But it gets worse. When they arrested him they seized his computers, which not only bankrupted him personally, but also may have bankrupted the 4th Amendment. Now from these Olympian heights of serious Constitutional questions, and the ominous implications of placing a political candidate under surveillance, the behavior of the police in this case rapidly descends into the depths of common thievery. Of course, it is worth noting that another mountaintop gave us "Thou shall not steal." As the report below makes clear, much of what was taken by the police was not covered by the search warrant, and had no possible connection to any alleged criminal activity. While this gives Kubby altogether too much in common with run-of-the-mill marijuana cases, what is exceptional is the absolute brazenness of the thievery. This is no sidewalk shakedown of an illegal immigrant or anonymous medical marijuana patient afraid to defend his rights. Kubby is making lots of noise, has the attention of important parts of the media, and the police still don't give a damn. Their attitude seems to echo what Reagan said about the Panama Canal Zone, "We stole it, and we are going to keep it." The so-called "civil forfeiture" laws play a big part in this, because the defendant has the burden of proof under very difficult circumstances. The abuse of these laws is not unique to marijuana cases, by any means. However, it is clear that --because marijuana arrests are the "bread and butter" of the Drug War -- marijuana prohibition has become a source of pervasive corruption that is dangerously undermining the rule of law. We are losing our 4th Amendment protections against unreasonable searches and seizures. We are losing our 5th Amendment protections of having property taken "without due process of law" or "just compensation." However, the police have also noted that the marijuana defendant is at best a second-class citizen, or even non-human, so with echoes of the Nazi looting of Europe, the narcs simply help themselves to "whatever they can get away with," in both senses of the term. Obviously, this is a violation of the rights of the victims, but it is also a violation of the most basic elements of morality and Common Law that is undermining law effective enforcement. The police are becoming brigands, both institutionally and individually. This problem is not unique to DEAland, but we might be surprised to learn that it is not only a problem in developing countries like Mexico, but also in the UK. Sometimes defendants are simply unable to defend their property, because they have been financially ruined by being arrested and having their property taken. Other times they give up their property as a form of ransom, buying their freedom. The local prosecutors and police may even collude with the Federal government to by-pass state laws in order to seize property for their institutional benefit, and indirectly benefit thereby. Or the police may simply steal the property, with or without the pretense of "forfeiture." All of these elements seem to be at work in the Kubby case, with the important difference being the sheer brazenness of the police. When rights are violated "discretely" the injustice suffered by the victim is no less painful. But when rights are violated so arrogantly in full view for all to see, the challenge must be met. If the police can get away with what they are doing in the Kubby case, who is safe? If the police can get away with what they are doing in the Kubby case, who could say that they did not know? If the police can get away with what they are doing in the Kubby case, where will it end? If the police can get away with what they are doing in the Kubby case, who would deserve to be free?THE KUBBY FILEShttp://www.kubby.com/ Monarch Bay Plaza #375 Dana Point, Ca 92629 DON'T GET LEFT OUT OF THE LOOP: Subscribe: Kubby-Announce-on list.kubby.com Unsubscribe: Kubby-Announce-off list.kubby.org Home Comment Email Register Recent Comments Help Comment #5 posted by FreedomFighter on July 04, 1999 at 07:50:34 PT PROHIBITION FEDERAL PROHIBITION IS UNCONSITUTIONAL!ALL PROHIBITION IS IMORAL!Tell the judge:"I Have committed no crime, and refeuse to enter any plea to such" [ Post Comment ] Comment #4 posted by FoM on July 03, 1999 at 16:27:35 PT: Happy Independence Day! Hello Dr. Ganj!You brightened my day once more! You said it all! Have a safe and happy holiday and we are getting closer day by day! They can't win a war that is so very wrong much longer!Peace, FoM! PS: I must just add! Go Kubbys! [ Post Comment ] Comment #3 posted by Dr. Ganj on July 03, 1999 at 16:01:43 PT The Kubby's Will Prevail, But What A Price! While we are all drinking our Coronas and enjoying our bar-b-ques this 4th of July weekend, please take a moment and think about all the people in prison/jail for drug related crimes. It is a staggering amount of people, and the pain this "drug war" has caused is truly unbelievable, considering this is supposed to be the "Land of The Free".Rather, I'd say, like the "Land of The Raped, Beaten, and Jailed". The Kubby case is just one more example how these drug laws have created more harm than good, how our rights are being eroded, and how corruption can take hold even in the most unexpected areas of our country, like near beautiful Lake Tahoe, where we would think The Compassionate Use Act of 1996 would be honored by the local police. But oh no, not until they feel it where it counts, and that's in a large monetary judgement against them by a jury in civil court.I could go on, but we all have our herbs to smoke, our beer to drink, and our bar-b-ques to attend. However, please take a big puff for all those who can not attend, because of these barbaric and ineffective drug laws have put them in a place I found to be a total waste of time and money. Oh, and remember, if YOU find yourself charged with a drug crime: TAKE THEM TO TRIAL!! Go Kubbys!Happy Fourth,Dr. Ganj http://www.norml.org [ Post Comment ] Comment #2 posted by FoM on July 03, 1999 at 14:02:28 PT This Might Work! Rainbow,I think this is the e mail you need to get the information on the police envolved in his case. Steve Kubby answered me on the list above so if this one doesn't work you can use the one at the bottom of the article. The mailers aren't overwhelming just extremely enlightening!Have a fun & safe holiday!Peace, FoM!GoKubby kubby.org [ Post Comment ] Comment #1 posted by Rainbow on July 03, 1999 at 13:26:02 PT: Police state Everyonesend these articles to the Drug Czar and ask his staff to quit this evil. Ask them how they can morally condone this type of behavior. I would suggest sending it to the Prez too, but we know he has no morals so it does not matter.I wonder if rumors to police will start flying during the presidential campaign and if they will be treated like this too. Bet not.Does anyone have the email for the police in Kubby's action? Maybe some email campaign is also in order.They need to know that we do not like this behavior.The police are getting to be real bad.rainbow [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: