cannabisnews.com: Zen Fest Searches Illegal!





Zen Fest Searches Illegal!
Posted by FoM on February 20, 1999 at 12:19:41 PT

DADE CITY A judge on Friday ruled that sheriff's deputies went too far last year when they searched an estimated 15,000 patrons at the Zephyrhills Zen Festival and arrested 43 on drug charges. 
With the evidence thrown out, drug charges against some concertgoers still awaiting trial may have to be dropped by prosecutors. Circuit Judge Maynard Swanson's ruling throws out the evidence and torpedoes charges pending against at least 14 felony suspects, most in their teens and 20s. Many of those arrested at the alternative music concert on Sept. 5 have accepted offers of probation or pretrial intervention from the State Attorney's Office in exchange for pleas. But for those still awaiting trial, the ruling could force prosecutors to drop charges. Assistant State Attorney Richard Mensch said his office will study Swanson's ruling before deciding whether to appeal. Swanson's decision capped five straight Friday hearings in a case that has lingered through the court system, spawning numerous hearings, filings and depositions. Some in the courthouse dubbed it "The Energizer Case" because it kept "going and going and going," like the trademark Energizer Bunny. Another lawyer referred Friday to Swanson's courtroom as the "Zen Den." At issue was how thoroughly deputies acting as private security agents may search concertgoers attending a festival on private land. Court records and arrest reports show Pasco County deputies, hired by concert promoters but dressed in their uniforms, went as far as asking patrons to remove shoes and socks, shake out bras and empty pockets during front gate searches. Some deputies found such drugs as ecstasy, marijuana and LSD inside underwear or in zippered compartments in patrons' wallets. Prosecutors said patrons were warned by large signs and verbal announcements that searches would be conducted. A phalanx of seven defense lawyers united against the charges said that uniformed deputies requiring a search prior to entry essentially forced patrons to give up constitutional rights as the price of admission. "If a patron did not want to enter, they didn't have to enter," prosecutor Manny Garcia argued. "They could have just walked away." "Zero crime tolerance does not justify wholesale violations of civil rights," countered public defender Michael Tewell. In his 34-point statement of facts and findings, Swanson led both sides on a virtual roller coaster of opinions that at times seemed to support alternating sides before he declared the searches illegal. He supported some prosecution arguments and he carefully pointed out that not all searches at concerts, courthouses, airports or other events are illegal. But in the case of the Zen Festival, he said, the searches went too far and were more intrusive than a reasonable person could expect. Defense attorney Randall Grantham, who became a leader in the fight against the drug arrests, said after the ruling that Swanson's decision makes it impossible for prosecutors to try the four clients he represents or the 10 others represented by other defense attorneys. Mensch said it was too soon to know Friday whether his office would ask a higher court to overturn Swanson's ruling. Swanson gave him until March 24 to decide. In December, County Judge Robert Cole threw out a misdemeanor marijuana charge stemming from the same searches. On Thursday, he heard arguments on a second, similar case in his court. That ruling is still outstanding. 
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