cannabisnews.com: Attempt To Toss Out Search Warrant Fails 





Attempt To Toss Out Search Warrant Fails 
Posted by FoM on August 10, 2000 at 08:59:39 PT
By Jessica R. Towhey, Journal Staff Writer 
Source: Auburn Journal
A Rocklin dentist facing a second trial for possession of marijuana for sale lost a motion Wednesday to throw out evidence obtained by a Placer County Sheriff's Office search warrant. The attorney for Michael Baldwin, whose May 1999 trial ended in a 6-6 hung jury, claimed sheriff's investigator Jeff Potter misled the court in acquiring a search warrant for Baldwin's Loomis home. 
Attorney J. David Nick said after the hearing he would appeal the decision by Superior Court Judge J. Richard Couzens upholding the search. Baldwin and his wife Georgia were arrested Sept. 23, 1998, when the Placer County Marijuana Eradication Team discovered 146 plants growing inside their rural Loomis home. Both Baldwins possessed physician recommendations for the drug. In his affidavit, Potter said he found "marijuana leaves and stems recently cut from a mature marijuana plant. The marijuana was fresh green and still moist." Potter also stated he found marijuana seeds and a hydroponic grow rock. However, Nick said what Potter actually found in the trash can was .08 grams of partially burnt marijuana, one marijuana seed and no indication the marijuana was freshly cut or moist. "This is marijuana that has been smoked," Nick said. "It's not fresh and it's not moist. You have deception here." Nick called two witnesses Wednesday morning in his effort to convince Couzens of the illegality of a search conducted under false pretenses. However, the testimony of Tammy Harris, an evidence technician with the Placer County Sheriff's Office, and Tito Andrada, a technician with Valley Toxicology, did not sway Couzens. Andrada testified the evidence bag he received from the sheriff's office was unsealed, even though Harris testified the standard operating procedure is for officers to heat-seal the bags after placing the evidence inside. Andrada also stated the specimen he received did not appear either fresh or moist since there was no mold growth. But, he said fresh marijuana in an unsealed package could dry out within four weeks, which would be about the right time frame between when the narcotic found in the trash – Sept. 16 – and when Andrada examined it – Oct. 7. Also, Harris, who has worked in the evidence room for more than 15 years, stated that while the initials JP – for Investigator Jeff Potter, she presumed – were on the bag, no date appeared alongside them. According to Harris, anyone who opens an evidence bag reseals it with a piece of tape on which is written initials and the date the bag was opened. Still, Couzens ruled against the defense. "The arguments you made would have been excellent if the people had the burden of proof," Couzens said to Nick. "Unfortunately, you have the burden of proof. I didn't find anything to indicate deception in getting the warrant." Deputy District Attorney Chris Cattran, who argued against the motion throughout the morning session, said after the hearing he believed Couzen's ruling to be appropriate and that no further hearings would be warranted. Published: Thursday August 10, 2000Contact: elpatricio aol.comAddress: 1030 High St., Auburn, CA 95603Author: Jessica R. Towhey, Journal Staff WriterPhone: (530) 885-6585, ext. 143Copyright: 2000 The Auburn JournalRelated Articles:Protesters: Marijuana Customers Targetedhttp://cannabisnews.com/news/thread6008.shtmlMedical Pot Case Has New Chargeshttp://cannabisnews.com/news/3/thread3394.shtmlMedical Pot Case Ends in Mistrialhttp://cannabisnews.com/news/thread1344.shtmlJudge Acquits Pair in Pot Case http://cannabisnews.com/news/thread1218.shtml 
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