Pubdate: Tue, 07 Dec 2004 Source: Capital Times, The (WI) Copyright: 2004 The Capital Times Contact: http://www.captimes.com/ Details: http://www.mapinc.org/media/73 Author: Judith Davidoff GROUP CHALLENGES SEARCH FOR POT IN MAN'S HOUSE Madison Police Chief Noble Wray says he will investigate the arrest of Devin Golden, a 21-year-old man who was charged with possession of more than 1,000 grams of marijuana after his car and entire home were searched, allegedly without his consent. "I have asked for a review of the circumstances surrounding this incident and will get back to you shortly," Wray wrote in an e-mail Monday to Stephanie Rearick of the Progressive Dane Drug Policy Task Force. The task force, which supports liberalizing marijuana laws, wrote Wray on Friday with its concerns over the arrest. The group referred to a Nov. 6 article in The Capital Times that described how Golden's car and home were searched after a police officer pulled him over for speeding. According to the article, the officer smelled unburned marijuana and proceeded to find about 23 grams of pot in the car. Officers also later found 38 potted marijuana plants behind a false wall in Golden's basement, although Golden had allegedly given them permission to search only his room. "We understand that the facts of the case will be sorted out in court and that Madison's Ordinance 23.20 does not allow for the quantity of marijuana allegedly eventually found in Golden's home," the drug task force wrote to Wray. "But we do think that, had an officer been respecting the letter and spirit of that ordinance, he or she would have recognized that the quantity found in the man's car would warrant a fine and no further action. We find it alarming that instead it was used to justify a search warrant." The task force argued that "questionable searches" damage the community's trust in the Police Department's commitment to civil liberties. Prosecuting such marijuana cases is not worth the cost, the group added. "Law enforcement priorities are a local decision and the people of the city of Madison have made it clear that marijuana prosecution is extremely low on our list of priorities. In our opinion, in a case such as this, the amount of resources and public trust being squandered outweighs this man's potential harm to society." - --- MAP posted-by: Beth