Pubdate: Wed, 16 May 2007
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2007 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

TEDDY BEAR SEARCH RULED ILLEGAL

Rohnert Park police should have obtained a search warrant before 
splitting open a teddy bear found to contain a half-pound of 
marijuana, a state appeals court ruled.

The bear was turned over to police in August 2005 by the owner of a 
mailing business who became suspicious after a man sent several 
overnight packages to different addresses in Wisconsin.

Gilberto Perez Pereira was arrested after calling to ask about the shipment.

Police found methamphetamine, shotgun shells and drug paraphernalia 
when they searched his home.

The charges were dismissed by Sonoma County Superior Court Judge 
Cerena Wong, who ruled that police should have obtained a search 
warrant before looking inside the bear.

A three-judge panel of the state's 1st District Court of Appeal 
upheld the ruling after an appeal by the Sonoma County district 
attorney. The opinion was filed Tuesday.

A key issue in the case was whether Perez Pereira effectively 
abandoned the parcel containing the teddy bear by using a false name 
to ship it. The court ruled there was "substantial evidence" that he 
hadn't abandoned the package.
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MAP posted-by: Beth Wehrman