Compensation Sought for Dead Pot Plants

Compensation Sought for Dead Pot Plants
Posted by CN Staff on December 04, 2007 at 05:02:27 PT
By Sara Reed
Source: Coloradoan
Colorado -- It took 16 months, but a Fort Collins couple Monday finally retrieved the medical marijuana seized from their home in August 2006. But the battle is far from over.The cultivation and possession charges against James and Lisa Masters, medical marijuana patients and caregivers for other patients, were dropped in June, but it wasn't until late last month that Chief District Court Judge James Hiatt ruled the police had to return the property.
What they got back, however, was dried, musty and moldy. James Masters said he was "very, very happy to see this come to fruition," but he was sad to see the plants had not been maintained as required by law."This is a resounding, decisive victory for Colorado voters, compassion and medical marijuana," said Brian Vicente, one of the attorneys who represented the couple throughout the case.Voters approved the amendment in November 2000. There are 14 states with medical marijuana laws.The charges were dropped after Hiatt ruled that the search warrant used to seize the plants, growing equipment and paraphernalia resulted from an illegal search.But none of the plants seized, including about 15 that were nearly ready for harvest, survived. The Masters' attorneys plan to go back to the judge later this month and request financial compensation for the destroyed plants, which could be valued at more than $100,000.The couple could sue for the damages, but they're going to go to the judge first, Vicente said.Police have said they don't have the resources to care for medical marijuana plants, something James Masters has offered to help them with.Fort Collins police spokeswoman Rita Davis has said that, because the couple did not have valid medical marijuana certificates at the time of their arrest, the pot was treated like any other confiscation case. Snipped:Complete Article: Coloradoan (CO)Author: Sara ReedPublished: Tuesday, December 4, 2007 Copyright: 2007 The Fort Collins ColoradoanWebsite: SaraReed Related Articles:Police Return Dead Marijuana Plants To Couple Rules Police Must Return 39 MJ Plants Case Against Pair Dropped 
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Comment #1 posted by Richard Zuckerman on December 04, 2007 at 20:16:41 PT:
Whether or not they had a Certificate to possess the reefer, the search may have violated the Colorado Constitution and U.S. Constitution. A Tort Claims Act Notice of Claim is not required to be filed as a precondition to a 42 U.S.C. Section 1983 case and, as some courts have held, a State Constitutional tort case. You need to ascertain the applicable Statute providing for limitation of actions for the time to sue the cops under BOTH State and Federal Constitution. If they are going to file a lawsuit against the cops for illegal search and seizure, they may want to assert the Colorado Constitutional prohibition against unreasonable searches and seizures without a warrant. We need to fight for a "steadily evolving commitment" for ehnancing State Constitutional protections, State v. Pierce, 136 N.J. 184, 209 (1994); Blakely v. Washington, 542 U.S. 296, 326 (2004)(Kennedy, dissenting)("...using States to serve as laboratories for innovation and experiment."); Grutter v. Bollinger, 539 U.S. 306, 342 (2003)(similar); United States v. Lopez, 514 U.S. 549, 581 (1995)(Kennedy, Concurring)("In this cumcumstance, the theory and utility of our federalism are revealed, for the States may perform their role as laboratories for experimentation to devise various solutions where the best solution is far from clear."); New State Ice Co., v. Liebmann, 285 U.S. 262, 311 (1932)(Brandeis, dissenting)(similar).DON'T FORGET PEOPLE: ACCORDING WWW.INFOWARS.COM, THE GLOBALISTS WANT TO INUNDATE THIS COUNTRY WILL ILLEGALS, IMPLEMENT THE "NORTH AMERICAN UNION", THEN KILL 80% OF THE WORLD POPULATION, AS THEY CONSIDER SOME OF US TO BE "USELESS EATERS"!!!! Note one of the four stories on today's web site of about the well-respected former President of Italy acknowledging it was the Mossad and CIA whom caused the September 11, 2001, World Trade Center airplane (rocket) crashes!!!! And don't forget Ron Paul and Tom Tancredo are probably the only two candidates for U.S. President who really care for the most freedoms for Americans!!!Richard Paul Zuckerman, Box 159, Metuchen, N.J., 08840-0159, richardzuckerman2002
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