ACLU Files Suit Over Raid 

ACLU Files Suit Over Raid 
Posted by CN Staff on January 18, 2008 at 05:57:07 PT
By Tom Moody
Source: Carlsbad Current-Argus 
Carlsbad, NM -- A paraplegic Malaga man who holds a medical marijuana permit from the state of New Mexico filed a lawsuit Thursday against Eddy County and several county law officers for their part in a drug raid that seized his marijuana plants and growing equipment, attorneys announced. Also named as defendants in the suit are David Edmondson, commander of the Pecos Valley Drug Task Force, and four unidentified Eddy County Sheriff's deputies. The suit was filed in state district court in Carlsbad.
Leonard French, 44, was using his marijuana to control pain and muscle spasms that resulted from a spinal cord injury he received in a 1987 motorcycle accident, he said in an earlier interview. French had received a license to cultivate and use small quantities of marijuana for medicinal purpose under the Lynn and Erin Compassionate Use Act, the complaint stated. The American Civil Liberties Union of New Mexico, which is representing French, said the deputies violated several laws including a constitutional prohibition on unreasonable searches and seizures. In addition to asking the court to bar the state from interfering with his right to use marijuana under the medical marijuana law, French also seeks compensatory damages and attorney fees. Eddy County Sheriff Kent Waller said Thursday that he had not seen the lawsuit yet. "To my knowledge we have not actually received anything yet," he said. "We had received a notice that they were reserving the right to sue." On Sept. 4, Eddy County deputies working with the Pecos Valley Drug Task Force arrived at French's house in Malaga. "They said they were here about the marijuana," French said. "I thought they were here to make sure I was in compliance with the new law." French showed the deputies his state license to grow marijuana and then showed them his equipment and his plants, he said. The deputies took the equipment and the plants, turning them over to the federal Drug Enforcement Administration. French has not been charged with any violations of federal drug laws, attorneys stated. "With the Compassionate Use Act, New Mexico embarked on an innovative project to help people who suffer from painful conditions like Mr. French's," Peter Simonson, ACLU executive director, stated in a news release. "The law cannot succeed if the threat of arrest by county and local law enforcement hangs over participants in the program. "With this lawsuit, we hope to clear the way for the state to implement a sensible, conservative program to apply a drug that traditionally has been considered illicit for constructive purposes." The ACLU complaint is available online at: Carlsbad Current-Argus (NM)Author: Tom MoodyPublished: January 17, 2008Copyright: 2008 Carlsbad Current-ArgusContact: editor currentargus.comWebsite: Articles:Marijuana Rules Could Seed a New Industry Multi-Agency Drug Task Force Wastes Money Bust Sparks Questions Over Law
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Comment #11 posted by The GCW on January 22, 2008 at 12:14:50 PT
US NM: PUB LTE: Drug raid  
Letter:Pubdate: 21 Jan. 2008Source: Carlsbad Current-Argus (NM)Referred:
 Webpage: raid Editor: As a Christian, when I read "ACLU files suit over raid," page 1A, Jan. 18, I was reminded of "But whoever has the world's goods, and sees his brother in need and closes his heart against him, how does the love of God abide in him?" (1 John 3:17) Why does government persecute sick citizens who use cannabis (kaneh bosm/marijuana) while God created all the seed-bearing plants, saying they're all good on literally the very first page of the Bible? Further, cannabis is believed to be the tree of life, and the very last page of the Bible tells us the leaves of the tree of life are for the healing of the nations. (Coming soon to MAP )
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Comment #10 posted by The GCW on January 19, 2008 at 22:41:14 PT
United States does the works of the devil.
As a Christian, I Am uncomfortable with government persecuting people for using cannabis. Especially sick people. God created the leaves of cannabis for the healing of the nations. I'm reminded of, “But whoever has the world's goods, and sees his brother in need and closes his heart against him, how does the love of God abide in him?” (see: 1 John 3:17). READ HIS LIPS! Love one another.The Green Collar Worker
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Comment #9 posted by FoM on January 19, 2008 at 15:08:51 PT
OT: CSNY Deja Vu Poster
CSNY/DÉJÀ VU TO CLOSE SUNDANCE FESTIVAL Shakey Pictures and Shangri-la Entertainment were honored to have CSNY/DÉJÀ VU chosen to close the Sundance Film Festival, a gathering place for Independent Films from around the world.    Directed by Bernard Shakey, and produced by L.A. Johnson, executive producers Elliot Rabinowitz and Steve Bing, CSNY/DÉJÀ VU focuses on 2006's "Freedom of Speech" tour. During the tour, the CSNY band traveled with Mike Cerre, an "embedded" correspondent who has been to Iraq and Afghanistan 5 times in the current "War on Terror."    Cerre and his crew captured the reactions of America during the moments before the 2006 elections, just as the nation was beginning to "turn" against the war and the administration that started it. The internal conflict of Americans struggling to come to grips with the reality of the war and the right to speak out against it or in support of it is documented with raw footage of a country at odds with itself and in mid-change.
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Comment #8 posted by BGreen on January 19, 2008 at 14:38:37 PT
No, we're not going to do anything. We learned our lesson. We never should have even opened the door in the first place.I think we would be encouraging further harassment if we complained. It's been several months now and the liars still haven't been back. I'm more than willing to leave them alone if they leave me alone.I'm a musician so I look different, dress differently and keep odd hours. I'm used to drawing unwanted attention from those corrupted individuals who wear a badge.The Reverend Bud Green
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Comment #7 posted by museman on January 19, 2008 at 10:24:26 PT
last gasps of the dying beast
Here we see it.Last night my sons who share a house with their musical friends, were attacked by the local Eugene Or police -known for A.) Stupidity, and B.) Violence.They were called on a complaint of 'noise violation' because they were rehearsing their band.When one of the guys opened the door, they asked to come in and search the house, and the guy refused, he was immediately knocked to the floor and handcuffed. They told him he was some other guy they had a warrant for. For about 20 minutes they were held off in the front room.
The result ws a ticket for violating the noise ordinance, and no one was arrested, or harmed any further.To me this shows that all that bluster and machismmo so prevalent in cop mentality, is being revealed as literally nothing but hot air, in the face of determined resolve. What they did (the cops) was illegal, unconstitutional, and unethical. A lawyer, or a layman even could take this case and win. However we all considered the situation, and it's just not worth it. These guys need to live in that town and do their music, without having to worry about some lame cop vendetta - and Eugene cops are notorious for that. They have no social clubs supporting them, they wouild be all on their own, and though they would probably win in the courtroom they would lose what little sanctuary they do have.The final realization, was that all we have to do is stay out of the way of the falling mortar of Babylon, and all those idiots who oppress us will go the way of the Dodo.Rest in pieces all you false authorities, there is nothing left of you to redeem. We will watch you dissolve into nothingness.
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Comment #6 posted by Treeanna on January 19, 2008 at 06:04:06 PT
Threats and harassment
So, are you going to file complaints and sue them, Bud?
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Comment #5 posted by BGreen on January 18, 2008 at 11:01:07 PT
To all of the LEO's reading this site
Either you know you're violating people's rights or you are most ignorant creatures walking on two legs.Do you really think your 70 years of complete failure to do anything but terrorize the citizens of the world is going to continue?Failure after failure in eliminating this plant and those who choose to partake, mixed here and there with some innocent bystander who gets murdered by your incompetence, has served to alienate almost everybody except other LEA cronies and the politicians.Since the majority of thinking people have rejected politics as usual (and if we can eliminate voter fraud using electronic voting machines,) things are changing.You MF's jack-booted your way to my front door without a search warrant, demanding to search my house to fulfill your own desires. I dared to say "no," and you immediately launched into a tirade of purposeful and intentional threats towards my freedom and my property. You knew I was protected by the Constitution of the United States, but you chose to terrorize us for abiding by the Constitution.I had done NOTHING wrong, but that doesn't mean I have to let anybody and everybody come into my house. Threatening to return with a search warrant and the SWAT team when you KNEW you had NOTHING was a terroristic threat. I know what you meant when you said "come on, just let us look in every room and closet. Don't make us do this the hard way." That was a direct threat to use violence and destroy my property.I've always convinced myself that I would stand up for my rights if push ever came to shove. For a citizen of the United States to be terrorized for standing upon his/her Constitutional rights is as wrong as it gets.You left with the threat that you would be back in an hour with the search warrant, obviously your last chance attempt to coerce your way into our house as your subterfuge completely fell apart.I had done nothing wrong, and you weren't even able to concoct a lie convincing enough to get your search warrant. This makes your threats against us textbook terroristic.This kind of evil isn't confined to my little back-assward state. This happens in every state and every county in this country.How long do you think you can continue these lies, LEO's?My guess is not very much longer.The Reverend Bud Green
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Comment #4 posted by fight_4_freedom on January 18, 2008 at 10:44:00 PT:
E-mail from MPP
Vermont Senate wants to hear from the public on marijuana policy reformSen. Richard Sears (D-Bennington) has scheduled a public hearing before the Senate Judiciary Committee on the evening of January 23 to hear from average citizens about Vermont's drug policies. This hearing will include discussion on eliminating criminal penalties for possessing small amounts of marijuana.It is very important that the committee hear that Vermonters want a new approach to marijuana policy.WHAT: Public hearing to discuss appropriate drug policies
WHEN: Wednesday, January 23, 2008 at 6:00 p.m.
WHERE: Vermont Statehouse, Room 11Sens. Jeanette White (D-Putney) and Hinda Miller (D-Burlington) have introduced S.238, which will make possession of less than two ounces of marijuana a civil violation punishable by a maximum fine of $250. It will also make possession of less than four ounces of marijuana a civil violation, punishable only by a fine. These important changes might save students and others from criminal records. Such a record, after being convicted of possessing even a small amount of marijuana, can affect a person for life.After hearing from the public on January 23, the Senate Judiciary Committee will hold formal hearings with expert testimony on the bill. Please click here to read more about S.238 and the public hearing on January 23.If you attend the meeting, please remember to dress and act professionally. We want to engage legislators, not alienate them. If you would like talking points to use at the public hearing, please e-mail Zane you for supporting the Marijuana Policy Project. Please pass this alert on to your friends, family, and e-mail lists in Vermont so that others can attend the meeting in Montpelier on Wednesday. We'll continue to update you as marijuana policy reform moves forward in Vermont.
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Comment #3 posted by fight_4_freedom on January 18, 2008 at 10:20:08 PT:
Way to....
Get Up...Stand Up....Stand Up For Your Right!
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Comment #2 posted by runruff on January 18, 2008 at 10:17:50 PT:
And another one down,
and another one down and another one bites the dust,
 hey, hey!
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Comment #1 posted by Zandor on January 18, 2008 at 09:47:04 PT
Good LUCK!!
I wish them all the best luck with their law suite.
May you make them pay!!
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