cannabisnews.com: Warrant for Pot Bust Obtained With Faulty Evidence Warrant for Pot Bust Obtained With Faulty Evidence Posted by FoM on March 02, 2001 at 17:26:03 PT By Mary Callahan, The Press Democrat Source: Press Democrat Phone calls from someone who grows pot and a high electric bill aren't sufficient evidence to search a home for marijuana plants, a state appellate court has ruled. A three-judge panel of the 1st District Court of Appeal ruled that three Sonoma County judges erred when they approved search warrants based on such limited evidence."This was not a close case," the court said in a unanimous decision issued this week. The ruling means that Sonoma County resident Richard G. Hight probably will not have to go to jail, even though 92 marijuana plants were found in his barn near Sonoma three years ago.Hight pleaded guilty to marijuana cultivation charges after the search warrant was upheld by a Superior Court judge. He was sentenced to nine months in jail, which was stayed pending appeal.Hight's attorney, Richard Ingram, says law enforcement routinely uses skimpy evidence related to power usage to justify searching the homes of people they think might be growing marijuana.But District Attorney Mike Mullins called the case "an aberration," adding that only 11 felony cases were thrown out last year because of problems related to faulty search warrants."That's total," he said. "Eleven, out of over a thousand."The facts in Hight's case start with the 1998 arrest of a woman found to be growing 318 pot plants in her basement, according to court records. The woman, Rachel Kristine, had been arrested and convicted for growing marijuana five years earlier.Drug agents focused on Hight after his number appeared in Kristine's phone records. Agents also obtained Hight's PG&E records, which they contended showed he used more power than several of his neighbors on Cavedale Road, suggesting he might be using "grow lights" for a garden.In obtaining a warrant from Judge Allan Hardcastle authorizing the use of thermal imaging to try to detect heat from the house, investigators said Hight's electrical use was double that of his neighbors and that Kristine had called him five times in a single month.Both statements were false, according to the Court of Appeal. A single call lasting less than two minutes had been placed from Kristine's home. The calculation of Hight's power use also was incorrect.But even had those mistakes not been made, the court said there was insufficient evidence to justify a search. Notably lacking was "information to provide a substantial basis to conclude the warrant would uncover evidence of crime."After the thermal imaging proved inconclusive, Ingram said Judge Robert Dale signed a search warrant for Hight's home, and 92 plants were found in his barn.When Ingram challenged the warrant used to find them, a third judge, Robert Boyd, ruled against him.Complete Title: Court: Warrants for Pot Bust Obtained With Faulty Evidence You can reach Staff Writer Mary Callahan at: mcallahan pressdemocrat.comSource: Press Democrat, The (CA) Author: Mary Callahan, The Press DemocratPublished: March 2, 2001Copyright: 2001 The Press Democrat Address: Letters Editor, P. O. Box 569, Santa Rosa CA 95402 Fax: (707) 521-5305 Contact: letters pressdemo.com Website: http://www.pressdemo.com/ Forum: http://www.pressdemo.com/opinion/talk/ Feedback: http://www.pressdemocrat.com/opinion/letform.htmlRelated Article:Appeals Court Reverses Pot-Growing Conviction http://cannabisnews.com/news/thread8831.shtmlCannabisNews Articles - Thermal Imaginghttp://cannabisnews.com/thcgi/search.pl?K=thermal+imaging Home Comment Email Register Recent Comments Help Comment #5 posted by FoM on March 03, 2001 at 20:38:52 PT A Little Drug War Trivia Crimes and Trials News - updated 1:17 PM ET Mar 3 CourtTV Friday March 02 09:49 PM EST Today in legal history: March 2Linda McCartney 1975. Linda McCartney is arrested for marijuana possession. The drug was found in her purse when she and her husband Paul McCartney were stopped for a traffic violation in Los Angeles. Although Paul McCartney was driving, the Beatle was not charged. The charges were dismissed later that year after Linda McCartney completed a six-month drug diversion program. The couple had previously been fined for possessing marijuana in 1972, and in 1980 Paul McCartney was arrested in Japan for carrying the drug. He spent 10 days in a Tokyo prison — the only nights the couple ever spent apart in their 29-year marriage. Later, after being diagnosed with breast cancer, Linda McCartney used marijuana to ease the pain of chemotherapy. She died of the disease April 19, 1998. [ Post Comment ] Comment #4 posted by hidey ho on March 03, 2001 at 00:15:09 PT: run for cover I read once that the only place safe from thermal imaging in the home is in a basement closet. How convenient! :0) [ Post Comment ] Comment #3 posted by jushad2 on March 02, 2001 at 19:41:08 PT yepYepYep You already got one hehe some sweet house plants in basement under some wattage just waiting to sue !!!!Baby needs a new pair of shoes. [ Post Comment ] Comment #2 posted by jushad2 on March 02, 2001 at 19:40:37 PT yepYepYep You already got one hehe some sweet house plants in basement under some wattage just waiting to sue !!!! [ Post Comment ] Comment #1 posted by mungojelly on March 02, 2001 at 17:59:44 PT: decoys, anyone? Let's find some people who are willing to keep a clean house and grow tomatoes in their basement, make some anonymous tips, and embarrass the popo to no end... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: