cannabisnews.com: County Faces Lawsuits Over Pot Raids County Faces Lawsuits Over Pot Raids Posted by FoM on March 20, 2001 at 06:43:34 PT By Gus Thomson, Journal Staff Writer Source: Auburn Journal Marijuana raids in 1998 and 1999 have enmeshed Placer County in a series of lawsuits alleging that Sheriff's Department members overstepped their legal authority.Three lawsuits have been filed in federal District Court in Sacramento County, with Santa Cruz attorney Kate Wells representing plaintiffs Robert DeArkland, Chris Miller and Lyman Sanborn. But the Placer County County Counsel's Office is arguing that the raids were conducted legally. Deputy County Counsel David Huskey said Monday that the county has already rejected financial claims connected with the three suits and that led to civil suits in Sacramento County.A fourth suit has been filed in Sacramento Superior Court, with Steve Kubby attorney David Nick serving as legal representative. Kubby and former Rocklin dentist Steven Baldwin have also threatened civil action.Both Kubby and Baldwin were arrested after drug raids by the Placer County Sheriff's Department. Arguing that the marijuana seized from their homes was for their personal medicinal use under Proposition 215, their cases went to trial but went unresolved after juries stalemated on whether they were guilty of possession of marijuana for sale. Last month, the Placer County District Attorney's Office decided not to pursue a second trial with either the Kubby or Baldwin case.Wells and Nick could not be reached for comment Monday. Huskey said the three cases handled by Wells will be heard one after another in 2003.Huskey said the main allegation against the county is that search warrants were obtained with false statements in affidavits."We're saying it's simply not true and makes no sense," he said.Huskey said marijuana found in garbage cans formed a basis for a search and there is no reason to believe any marijuana was planted in the trash to facilitate granting a warrant."Given the number of garbage searches undertaken there are far more misses than hits," he said. "It's a factual dispute that boils down to their word against the word of an officer."DeArkland, Miller and Nick's client also claim false arrest because of their status as medical marijuana patients under Prop. 215, Huskey said. Under the Compassionate Use Act passed by voters in 1996, California residents can grow and possess marijuana for medical use if they have a doctor's recommendation."The problem is that the officers are investigating whether they could be selling marijuana illegally," Huskey said. "A person could be a legitimate medicinal marijuana user but also selling. The officers proceeded in good faith."Under the concept of qualified immunity, officers can proceed without liability if the law is unclear, Huskey said. Prop. 215 doesn't provide law enforcement with guidelines on reasonable amounts of cannabis for medical marijuana patients. The amount of marijuana allowed to be grown by a patient became a key issue in the Kubby case. A total of 265 marijuana plants were confiscated from Kubby's home but he contended the crop was for personal use because he needed all of it to keep a rare form of adrenal cancer in check. Jurors deadlocked 11-1 in favor of acquittal.The lawsuits also claim excessive force by law enforcement during the raids, Huskey said."There was no physical harm," Huskey said. "Our response is that investigators went in with their guns drawn and shouting orders but that's typical. They're in a potentially dangerous situation and they holstered their guns as soon as the site was secured."A fifth suit against the county – also in federal court — has been launched by Joseph Sandbank. His suit has been filed without an attorney. Huskey said Sandbank does not claim to be a medicinal marijuana patient. His claim is that investigators made a false statement to obtain a warrant, Huskey said.The total damage claim amounts are in the millions of dollars.Note: Counsel argues officers acted legallySource: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: March 20, 2001Phone: (530) 885-6585Copyright: 2001 The Auburn JournalAddress: 1030 High St., Auburn, CA 95603Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Site:The Kubby Fileshttp://www.kubby.org/Kubby Says He Won't Accept Terms of Sentencinghttp://cannabisnews.com/news/thread9079.shtmlCannabisNews Articles - Steve Kubbyhttp://cannabisnews.com/thcgi/search.pl?K=kubby Home Comment Email Register Recent Comments Help Comment #2 posted by John Markes on March 21, 2001 at 03:34:38 PT Intigating... "There was no physical harm," Huskey said. "Our response is that investigators went in with their guns drawn and shouting orders but that's typical. They're in a potentially dangerous situation and they holstered their guns as soon as the site was secured."So how many of these medical marijuana using patients or their caretakers met these investigators with guns and violence? It seems the patients would be the least likely to do so, so they really have no valid legal reason to conduct armed raids like these... DPEG - Drug Policy Education Group [ Post Comment ] Comment #1 posted by Imprint on March 20, 2001 at 20:35:37 PT: Make the county pay I’ve said it before and I’ll say it again. A major tactic for the police and prosecutors is to take your money along with your freedom. And I think one of the best ways to fight the police and prosecutors is to hit them in the pocket book; in other words, use their tactic against them. I hope to see more of these lawsuits and more importantly I hope to see people like Steve Kubby win. I hope he takes millions away from Placer county. In general citizens don’t want there tax money wasted and once they see their tax money go to lost lawsuits they will speak loudly and this will affect a change. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: