Pubdate: Sun, 27 Jan 2008
Source: Sarasota Herald-Tribune (FL)
Copyright: 2008 Sarasota Herald-Tribune
Contact:  http://www.heraldtribune.com/
Details: http://www.mapinc.org/media/398
Author: Roger Drouin

RULING IN DRUG-NUISANCE CASE COULD AFFECT SARASOTA'S DRUG ENFORCEMENT

SARASOTA -- The city's practice of filing nuisance  abatement cases
against landlords when their tenants  are arrested in drug
investigations has been called  into question by a recent court ruling.

Sarasota Circuit Judge Bob McDonald concluded Jan. 9  that the city
tried to penalize Beresford Powell, the  owner of a North Sarasota
apartment building, for  illegal activity that he was not aware of.

The ruling focuses on the city's use of drug operations  in which
undercover police officers or informants try  to buy drugs from
suspected drug dealers inside their  homes.

The judge explained that these sting operations are a  legitimate
method when used to go after drug dealers.

However, McDonald questioned the use of such methods to  build a case
against the property owner of an apartment  complex in which the drug
dealer lives.

The city did not notify Powell of the confidential drug  buys before
filing a nuisance abatement case against  him.

City Attorney Bob Fournier has asked the judge for  clarification on
whether his ruling applies to other  nuisance abatement cases the city
has filed.

Fournier did not know how many cases could potentially  be
overturned.

The part of the ruling that questions the use of  undercover
operations raises a flag because the police  department "commonly
uses" that method in nuisance  abatement cases.

"Is this permissible under the law?" Fournier said  about using
undercover operations in nuisance abatement  cases. "We've been
working under the assumption that it  has been, and we believe it is."

McDonald pointed out several weak points in the city's  case against
Powell.

In all three instances at the 2700 Palmadelia Avenue  apartment, there
was no evidence that Powell knew of  any drug activity going on in the
apartment units. The  landlord conducted background checks before
renting any  of the units.

During the Jan. 3, 2007 drug bust, several people were  charged with
selling or buying drugs, but Powell's  tenant was not present at the
time of the arrests, and  was not charged.

The tenant was evicted -- for stealing electricity from  a neighbor --
before the police department notified  Powell of the drug bust, the
judge's ruling says.

After a second undercover operation in another unit in  the same
building, the police department did not inform  Powell of drug activity.

Powell's attorney, Gwendolyn Powell Braswell, who is  also his
daughter, said Powell has evicted tenants in  the past after
detectives told him of suspected drug  activity.

She also said her father would have preferred working  with police to
being penalized for drug sales he did  not know about.

"If he had to, he would have taken prompt action," she  said. "But he
was never notified."
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