Pubdate: Thu, 25 Jul 2002
Source: Honolulu Star-Bulletin (HI)
Copyright: 2002 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Rod Thompson
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA DEFENDANTS SUE POLICE

The Suit Contends The Big Isle Officers Lacked Probable Cause

HILO - Three Kona residents have sued Kona police officers for false 
arrest, alleging that police did not have probable cause when they 
apprehended the medical marijuana users earlier this month.

Attorney Jack Schweigert filed the suit in Kona Circuit Court this week on 
behalf of Kealoha Wells and John and Rhonda Robison, who have state permits 
to use marijuana as medicine.

Police arrested the three July 8. Police are seen on a videotape of the 
arrest, made by Rhonda Robison, saying the medical supplies of the three 
must be "definitively separated" from each other.

State officials later said there is no legal requirement for separating 
medical marijuana supplies. Police then said Wells and the Robisons are 
under investigation for having more mature plants than allowed by law. The 
three were released without charges.

The lawsuit names as defendants officer Mark Farias, others identified only 
as John and Jane Does and "Doe Partnerships and Corporations" but does not 
name Hawaii County or the Police Department. The suit says the arrests were 
done "without probable cause" but does not give details.

In a separate matter, residents of Puna Beach Palisades subdivision on the 
other side of the island yesterday delivered a petition to county officials 
asking police to limit the use of helicopters for marijuana eradication. 
The 47 signers, about 90 percent of the residents in Palisades, objected to 
helicopters landing on a private lot last Thursday. The signers ask that if 
officers conduct a further "incursion" in the subdivision that it be done 
"on the ground."

Police Capt. James Day said, "We're going to continue doing what we're 
doing now."
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MAP posted-by: Ariel