cannabisnews.com: Roseville Man Files $1 Million Suit Over Pot Raid





Roseville Man Files $1 Million Suit Over Pot Raid
Posted by FoM on March 23, 2001 at 09:52:44 PT
By Gus Thomson, Journal Staff Writer 
Source: Auburn Journal 
Roseville's Lyman "Sandy" Sanborn is suing Placer County for $1 million in connection with a marijuana raid on his house two years ago by sheriff's investigators that yielded no pot and no charges.Sanborn – who proudly points to a youthful connection with former President Ronald Reagan – said he's never used marijuana. The Sunday morning raid left his house trashed and his life in shambles, he said.
Because of the raid, however, Sanborn's suit has become enmeshed with others filed in U.S. District Court against Placer County by medicinal marijuana patients. Sanborn, who first moved to Roseville in 1947, distances himself from the drug issue and claims officers made false statements to gain a search warrant.Sanborn's suit – unlike two others being handled by his attorney – doesn't claim false arrest. He wasn't arrested. The others contend they were taken into custody despite having the necessary recommendation for marijuana use and possession from a doctor under Proposition 215.Sanborn said Santa Cruz attorney Kate Wells filed a claim with the county that eventually led to the lawsuit now before the courts when it was rejected at the staff level. After the suit was filed, medicinal marijuana patients Robert DeArkland and Chris Miller also hired Wells, he said.Sanborn said Miller called him up and asked about Wells."They asked and I said she was tops," he said.Passed by voters in 1996, Prop. 215 allows patients to own and grow marijuana for their personal medicinal use. Sanborn, 79, said he doesn't use marijuana and doesn't have a recommendation.Sanborn's main contention is that the search warrant obtained from a Sacramento County Superior Court judge was secured with false statements. He also claims that investigators knocked him down as they entered, broke doors and "trashed" his attic.Speaking earlier this week on the cases before the District Court, Placer County Deputy County Counsel David Huskey said the raids were conducted legally and allegations that search warrants were obtained with false statements are untrue. He said allegations that officers used excessive force are also untrue.Placer County Sheriff's Lt. Rick Armstrong declined to comment on the Sanborn case or others before the courts – but did say that the department's searches are conducted legally.Earlier this month, a District Court judge ordered that the three cases being handled by Wells be heard one after another in 2003.Sanborn, who turns 80 in June, said time is running out on his quest for satisfaction from the county. He said sheriff's investigators apologized on the way out of his house after their search turned up no evidence of drugs – and then had to be summoned back inside to remove the handcuffs from his wrists.Sanborn said he met Reagan while he was a 15-year-old Military Training Corps recruit and Reagan was a 25-year-old actor making a movie. Reagan used his horse and they continued to correspond after the filming was over, he said. During the 1980s, Sanborn said he used the wartime connection to assist local U.S. Rep. Gene Chappie in obtaining help from Reagan's office.Paperwork from the search warrant affidavit said pot stems were found in the garbage and his home's electricity bill was higher than his neighbors', Sanborn said.With no charges filed, Sanborn said he also received a verbal apology from Placer County Sheriff Ed Bonner when he visited his office. He added that he has never heard of any investigation into the raid or any reprimands.Now he must wait until at least early 2003 to get his day in court. Sanborn said he's unhappy with the two-year span before trial."When they put something off two years it's not fair," he said. "I've made my attorney promise to put $1 on my tombstone when everything is over." Complete Title: Roseville Man Files $1 Million Suit Against County for Pot RaidSource: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: March 23, 2001Phone: (530) 885-6585Copyright: 2001 The Auburn JournalAddress: 1030 High St., Auburn, CA 95603Contact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Courting Medical Marijuana: http://cannabisnews.com/news/thread9128.shtmlMarijuana: The Smoldering Debate: http://cannabisnews.com/news/thread9110.shtmlCounty Faces Lawsuit Over Pot Raid: http://cannabisnews.com/news/thread9075.shtmlMedical Marijuana Use Tangles Courts: http://cannabisnews.com/news/thread9068.shtml
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Comment #2 posted by dddd on March 24, 2001 at 04:09:50 PT
2003?
It seems most peculiar to me,that this case is put off until 2003,but ifone gets busted,they will usually fit your case in within a few months.Since when is it not a crime to break into a persons home upon falsepretences?,,,,And of course,the main question is;Why the hell isnt theofficer(s) who obtained the warrant in jail!Are they somehow above thelaw when it comes to making false statements to the court?
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Comment #1 posted by Imprint on March 23, 2001 at 11:05:48 PT:
Make the county pay
If the police didn’t use excessive force and didn’t use false statements to obtain a search warrant (as they claim) a change is really needed. They have way too much latitude. More than likely the police did use excessive force and they did lie to get the search warrant. Placer County knows how old this guys is and I think it’s deplorable that they would put off the lawsuit so long.  This man may die of old age waiting for his day in court. I hope this guy wins his lawsuit. Hit the police in the pocket book, make them pay excessively. Placer County can’t afford too many large lawsuits. When Placer County’s funds are depleted they will change their minds on the SWAT tactics. Good luck Mr. Stanborn.
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