cannabisnews.com: Appeals Court Rules Marijuana Search was Legal Appeals Court Rules Marijuana Search was Legal Posted by FoM on October 06, 1999 at 11:55:42 PT My Robert Imrie Source: Pioneer Planet Police acted properly in getting permission to search the home of a couple eventually convicted of growing marijuana in it, a state appeals court ruled Tuesday. The dispute boiled down to whether three police officers or the couple, who said the marijuana was used for medicinal purposes to relieve chronic back pain, told the truth about events leading up to the search.William and Judith Foucault contended the search of their rural Kewaunee home was allowed only after officers threatened to get a search warrant and ``tear the house apart,'' thus it was involuntary and illegal, court records said.But the 3rd District Court of Appeals said the officers' version of events was more credible and any threats were made after Foucault incriminated himself, giving officers probable cause to arrest him and get a search warrant.According to court records, officers went to the Foucaults' home in December 1995 after receiving information the couple had received equipment for growing marijuana from a ``targeted'' manufacturer that drug enforcement agents had been tracking.Foucault, now 39, was outside the home when three officers arrived and began asking him questions about a suspected marijuana growing operation, court records said.Foucault eventually admitted to growing marijuana plants and gave officers consent to search the house, leading to the seizure of 17 plants and some drug paraphernalia, court records said.The couple was charged in January 1996 with manufacturing marijuana.In seeking to have the evidence tossed out, Foucault testified he originally denied growing marijuana when approached by the officers and he only made the admissions after police told him he would be arrested, the officers would get a search warrant and then they would tear the house apart, court records said.The officers testified that shortly after Foucault was confronted, he admitted he was growing marijuana and voluntarily allowed the officers to do a search.The officers said that before the search began, Foucault called his attorney and then he asked the officers to leave.The officers said they called prosecutors, who advised that Foucault had made incriminating statements to justify an arrest, and at that point the officers threatened to arrest him and secure a search warrant, court records said.The three-judge appeals court said Kewaunee County Circuit Judge Dennis Mleziva properly refused to throw out the evidence.The judge determined the officers' version of events was more credible and acknowledged that Foucault ``certainly felt pressure from the police, but what the officers did here was not illegal or an improper police practice but was within their authority.''Steve Miller, the couple's attorney, said the Foucaults grew the marijuana in their basement and Judith Foucault, now 53, used it to relieve chronic back pain that was well documented.``She had been addicted to various prescription drugs and she found something that worked for her,'' he said. ``There was no evidence of dealing it or it being given to anyone.''The Foucaults caught the attention of authorities because they bought something from a mail-order catalog from a company being watched by the federal Drug Enforcement Agency, who tipped off local police, the attorney said.In a plea bargain, the Foucaults each pleaded no contest to one count of manufacturing fewer than 10 plants of marijuana and were sentenced to probation, court records said.Published: Wednesday, October 6, 1999 © 1999 PioneerPlanet Home Comment Email Register Recent Comments Help Comment #3 posted by military officer guy on October 06, 1999 at 19:42:22 PT freaking unreal.. this is getting out of control...now they're watching what we get, and from whom...what's next, cameras in our homes, monitored 24 hours by the Gov't..? I'm an AF Officer and this is no war I want to be apart of...the "war on drugs" what a freaking joke...Gen McCaffrey, I hope i never serve under you... [ Post Comment ] Comment #2 posted by Dankhank on October 06, 1999 at 13:18:51 PT: McCaffrey Strikes Again !!!!! So, the evil drug Czar's organization has induced the arrest of two more medical marijuana users.The insensitive cynicism with which McCafferty and his organization apply to their destructive behavior indicates their greedy, self-serving Anti-American behavior.Mr. McCaffrey: STOP LOCKING UP MEDICAL MARIJUANA USERS !!!!HERE IS A CONTACT PAGE TO TELL MCCAFFREY WHAT YOU THINK . http://www.whitehousedrugpolicy.gov/ Hemp n Stuff [ Post Comment ] Comment #1 posted by Chris Knestrick on October 06, 1999 at 12:04:01 PT: THis Is Scarey... "The Foucaults caught the attention of authorities because they bought something from a mail-order catalog from a company being watched by the federal DrugEnforcement Agency, who tipped off local police, the attorney said."So now the DEA monitors the mail to and from companies that they consider "subversive"?!?!?!? That would have been my first point of attack on this evidence!!! [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: