Pubdate: Tue, 09 Aug 2016
Source: Orange County Register, The (CA)
Copyright: 2016 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321

SEARCHING FOR A WARRANT

A January guns-drawn raid in the 2000 block of Harbor Boulevard put 
an end to Costa Mesa Collective, a marijuana dispensary acting in 
contravention of that city's ban on such businesses. But while the 
Costa Mesa Police Department has a right to enforce its laws, it is 
also important for the police to follow the law in the process.

While the department has insisted that it acted lawfully, and 
obtained a warrant, that warrant has been hard to come by.

In a surveillance video obtained by the Register, police officers 
shout, "Search warrant, police department. Hands up!" as they enter 
the dispensary. But, according to Michael Pappas, the dispensary's 
attorney, "Neither he nor Costa Mesa Collective operators were 
provided a warrant of any kind or an inventory of items seized during 
the operation, both of which he says should be presented with a 
court-issued warrant," the Register reported.

Costa Mesa Police Chief Rob Sharpnack said the department got a code 
enforcement inspection warrant, but he declined to provide a copy. 
Similarly, "Tony Dodero, a spokesman for the city of Costa Mesa, also 
said the warrant exists and he has seen it, but he declined to 
provide a copy or additional details," and attempts to find the 
warrant in the court system turned up empty, according the Register.

Not only is the existence of the warrant a cause for concern, so, 
too, is the type of warrant supposedly used. As the Register notes, 
code inspection warrants are "normally used to enter a premises to 
investigate whether a business or other entity is complying with 
building, fire, zoning and other civil codes."

The Register cited a League of California Cities report from 2010 
that highlighted concerns over the use of those warrants, stating 
that they "are not alternatives for police officers to circumvent the 
need to obtain a search warrant," the report says. "There should not 
be any appearance that an inspection warrant is being used other than 
for health/safety inspections."

With memories of Santa Ana's controversial pot shop raid still fresh 
in citizens' minds, it's paramount that law enforcement agencies 
perform their duties while preserving constitutional liberties by 
ensuring that all searches are conducted by the book and that all 
warrants are properly acquired and made available.
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MAP posted-by: Jay Bergstrom