Tag Archives: StoptheDrugWar.org

Can the DEA Hide a Surveillance Camera on Your Land? | StoptheDrugWar.org

A case that began with reports of suspicious activity in northeast Wisconsin forest land last spring may be headed for the US Supreme Court. That’s because a US district court judge ruled in the case last fall that it was okay for the DEA to enter the rural property without a warrant and install surveillance cameras that were used to help convict five members of a family on charges they were growing marijuana.

The ruling last October came in a motion to suppress the evidence obtained by the warrantless video cameras. After that ruling, the defendants, five members of the Magana family, pleaded guilty to possession with intent to distribute marijuana and now face up to life in prison and up to $10 million in fines. But as part of the plea deal, they retained their right to appeal the ruling.

And their attorneys say they are prepared to take the case all the way to the US Supreme Court.

In their motion, they had asked the court to suppress evidence because of the property’s locked gate and “No Trespassing” sign. Since the properties were heavily wooded and posted with signs, the owners were entitled to an expectation of privacy, the attorneys say.

“After sentencing, the first round of appeals will go to the Seventh Circuit and if there’s no favorable ruling there, the cases will be filed into the US Supreme Court,” Wisconsin attorney Stephen Richards told the Chronicle last week.

“That one’s action could be recorded on their own property even if the property is not within the curtilage is contrary to society’s concept of privacy,” said Green Bay attorney Breet Reetz, who represents Marco Magana.

Curtilage is a term of legal art referring to the area of a property immediately surrounding a house or dwelling. Past Supreme Court jurisprudence, particularly US v. Oliver, had held under the “open fields” doctrine that areas outside the curtilage are not subject to the same Fourth Amendment protection as a home itself. “An individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home…,” the court held in Oliver. (Perhaps not coincidentally, Oliver was another marijuana cultivation case, in which Kentucky deputies walked a mile onto the property before spotting a marijuana field. Their search was upheld.)

It all began in rural Marinette County last May, when a fishermen reported to local authorities that he had been run off the land by two men who told him “fishing is closed” and that he had observed trees cut down and power lines running across the property. Authorities investigated and found the property and two more adjacent properties were owned by members of the Magana family, which had purchased them months earlier.

Authorities left it at that until the following month, when a logger reported that when he had gone to check on a timber stand at one of the properties, he stumbled over a marijuana cultivation operation with more than 30 plants in a 50′ x 50′ clearing. The DEA then was called in and entered the Magana’s properties without a warrant. Agents installed video cameras that eventually captured incriminating evidence of vehicles traveling in and out of the properties.

It wasn’t until the DEA observed some of the men handling what believed to be marijuana did they go and request a warrant. A warrant was signed and the agents, accompanied by several local sheriff officers, executed the warrant and arrested the men at separate addresses near Green Bay.

The bust was big news in Marinette County.

“You’ve got thousands of plants, and as healthy as they look, this is a big operation,” Sheriff Jerry Suave told local reporters at the time. The grow is probably “the largest I’ve seen,” he added.

Before trial, set for the fall, counsel for the Maganas filed a motion to suppress the evidence, informing the court that videos from the surveillance camera showed dates that indicated that the camera had been running for 79 consecutive hours before DEA agent Steven Curran obtained a search warrant for the property.

“It is undisputed that the government trespassed without a warrant upon private property with visible ‘No Trespassing’ signs” posted,” Reetz wrote in the motion, noting that the camera had operated from July 12 to July 15, but the warrant wasn’t issued until July 17. Nor were there any “exigent circumstances” that would have allowed officers to enter the property without a warrant.

Federal prosecutors were ready with a response.

“Officers entering an ‘open field’ is not an area enumerated as protected under the Fourth Amendment,” countered Assistant US Attorney for Eastern Wisconsin James Santelle. “‘Open fields,’ woods, and private lands are not ‘persons, houses, papers, and effects’ protected under the Constitution.”

That was good enough for Eastern Wisconsin US District Court Chief Judge William Griesbach, who dismissed the defense motion and ruled that it was legal for the DEA to go onto private property without a warrant to install multiple covert digital cameras, and to use the evidence they obtain that way to obtains warrants and in court. Citing US v. Oliver, Griesbach held that the rural properties were curtilage and not protected by the Fourth Amendment.

But the Maganas’ attorneys and other legal experts argue that even though “open fields” are not considered curtilage, if “No Trespassing” or “Private Property” signs are posted on the land, the property owner should still be entitled to an expectation of privacy under the law. And they are willing to take their argument to the highest court in the land.

“We have become a nation of men and not a nation of laws, which, is what our founding fathers didn’t want us to become,” Reetz said.

After formal sentencing, the case heads for the US 7th Circuit Court of Appeals. If Reetz and Richards don’t prevail there, it is on to the Supreme Court. If the court were to take up the case, it would once again have the opportunity to try to untangle the dilemmas that result when the Fourth Amendment runs up against new technologies, for better or worse.

Green Bay, WI

United States

Source: Can the DEA Hide a Surveillance Camera on Your Land? [FEATURE] | StoptheDrugWar.org.




Hawaii Poll Shows Majority Supports Marijuana Legalization | StoptheDrugWar.org

A poll released last Thursday shows 57% of Hawaiians favor the idea of taxing and regulating marijuana. That’s a startling 20% increase in support in just seven years — a 2005 poll by the same group asking the same question had only 37% support.

The QMark Research poll was conducted for the Drug Policy Action Group and consisted of telephone interviews with 603 respondents. It has a margin of error of +/- 4.07%.

The poll showed 45% strongly supporting tax and regulate, with another 12% saying they had “somewhat strong support.” Only 40% opposed legalization, a figure that has declined by 20 points since the 2005 poll.

The poll also found strong support for decriminalization (58%), for medical marijuana dispensaries (78%), and for the medical marijuana law passed by the legislature in 2000 (81%). The law allows patients to use marijuana, but makes no provision for them to obtain it except by growing it.

The poll numbers were released at a press conference conducted by the Drug Policy Action Group, a sister organization to the Drug Policy Forum of Hawaii, and the ACLU of Hawaii. Also introduced at the press conference was a study (available at the poll link above) by University of Hawaii economist David Nixon on the economic impact of marijuana law enforcement in the state.

Nixon found that Hawaii spends $9 million a year on marijuana law enforcement and foregoes $11 million a year in potential revenues under legalization. He also found that marijuana arrests are increasing in the state, with possession arrests up nearly 50% since 2004 and distribution arrests almost doubling.

“From the survey findings, it’s clear that Hawaii voters are open to reconsidering local marijuana laws,” said the Action Group’s Pam Lichty. “The data in both of these reports will help our communities craft more effective, less costly approaches for the future. The Drug Policy Action Group, the ACLU of Hawaii, and our allies will advocate for the policy reforms that people in Hawaii want.”

“In Hawaii as across the nation, arrests for marijuana possession are one of the most common ways that individuals get caught up in the criminal justice system, at great social and economic cost,” said Vanessa Chong, executive director of the ACLU of Hawaii. “These studies provide important, updated facts for the Hawaii community as we consider new directions.”

Honolulu, HI

United States

via Hawaii Poll Shows Majority Supports Marijuana Legalization | StoptheDrugWar.org.




Medical Marijuana Update | StoptheDrugWar.org

New state medical marijuana bills are starting to roll out as the legislative season gets underway, progress comes in Arizona, and San Diego’s mayor steps up for medical marijuana. Let’s get to it:

Arizona

Last Thursday, the state Court of Appeals ruled that the Yuma County sheriff must return marijuana seized from a California medical marijuana patient. The court said that medical marijuana seized from Valerie Okun must be returned to her because Arizona’s medical marijuana law allows people with authorizations from other states to legally possess marijuana in Arizona. The court declined to consider prosecutors’ argument that federal drug law invalidates Arizona’s medical marijuana law. The ruling upholds one by a Yuma County Superior Court judge.

Also last Thursday, state inspectors gave the okay to the state’s first commercial cannabis kitchen. The kitchen, Heavenly Harvest, provides edibles for patients of the Green Halo dispensary in Tucson and plans to supply other dispensaries as they open.

California

Last Wednesday, a former South Lake Tahoe dispensary operator pleaded guilty to federal charges of possession of marijuana with intent to distribute. Gino DiMatteo, 43, had been raided on August 31. He’s looking at up to 30 years in federal prison.

Last Thursday, San Diego Mayor Bob Filner halted the prosecution of dispensaries there. Filner ordered the Development Services Department, which handles code compliance, to stop enforcement against dispensaries and stop forwarding cases to the city attorney for prosecution. The move came after a political spat with City Attorney Jan Goldsmith, who challenged him to assert his mayoral authority if he wanted a policy change. Now, he has done so. More than 200 dispensaries have been shut down in San Diego and Imperial counties since the feds cracked down in 2011, but many of those closures have come at the hands of city and local officials.

On Tuesday, the feds said they wouldn’t stop going after dispensaries in San Diego. US Attorney Laura Duffy said that she was open to meeting with the mayor, but added that “We are going to enforce the Controlled Substances Act.”

Also on Tuesday, Shasta County supervisors voted to create an advisory committee to revisit the issue of growing medical marijuana in the largely rural county. They did that instead of voting on a proposed ordinance that would ban outdoor grows, but they did direct the county’s executive officer to look into speeding up the enforcement process for non-compliant gardens.

Also on Tuesday, the LA city council moved forward with its own medical marijuana ballot measure. There are already two others set to go before the voters, one of which would allow must currently existing dispensaries to remain open, the other of which would shut down all but 127. The proposed city council measure is similar to the second, but would add additional restrictions. All this activity comes after activists forced the council to back away from its original plan to shut down all dispensaries.

Illinois

Last Wednesday, a new medical marijuana bill, House Bill 1, was introduced. Similar legislation died at session’s end earlier this month.

Kansas

On Tuesday, Sen. David Haley introduced a medical marijuana bill, Senate Bill 9. (The measure is not available online until after the legislature convenes on Thursday.)

New Hampshire

Last Thursday, a poll found that 68% of voters support a medical marijuana law in the state. The poll was released as state lawmakers prepare to consider a medical marijuana bill in this year’s legislative session. It also found that 52% of voters would be more likely to vote for a state legislator if he or she voted for such legislation. Just 27% said they’d be less likely.

New York

On Tuesday, Sen. Diane Savino (D) introduced a medical marijuana bill, Senate Bill 1682. (The bill is not yet available online.)

Source: Medical Marijuana Update | StoptheDrugWar.org.




Mexico Lawmaker Files Marijuana Legalization Bill | StoptheDrugWar.org

Mexico Lawmaker Files Marijuana Legalization Bill | StoptheDrugWar.org.


UN Drug Watchdog “Concerned” with Marijuana Legalization Votes | StoptheDrugWar.org

UN Drug Watchdog “Concerned” with Marijuana Legalization Votes | StoptheDrugWar.org.


Election 2012 Resource Page | StoptheDrugWar.org

Election 2012 Resource Page | StoptheDrugWar.org.


10 Years to Life for Medical Marijuana | StoptheDrugWar.org


10 Years to Life for Medical Marijuana | StoptheDrugWar.org.

Colorado Marijuana Legalization Initiative Maintains Nine-Point Lead | StoptheDrugWar.org


Colorado Marijuana Legalization Initiative Maintains Nine-Point Lead | StoptheDrugWar.org.

Scott Morgan: Obama’s Embarrassing Silence on Marijuana, StoptheDrugWar.org


Scott Morgan: Obama’s Embarrassing Silence on Marijuana.

Medical Marijuana Update | StoptheDrugWar.org


Medical Marijuana Update | StoptheDrugWar.org.