Pubdate: Wed, 10 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
Author: Scott Schwebke

SUIT FILED OVER RAID AT POT DISPENSARY

COSTA MESA - A lawyer for a former medical marijuana dispensary said 
he filed a lawsuit Tuesday against the Costa Mesa Police Department, 
alleging that officers exceeded their legal authority when they 
raided the facility this year.

The complaint attorney Matthew Pappas said he filed with Orange 
County Superior Court seeks unspecified damages and the return of 
marijuana, money, confidential patient records and other property 
seized Jan. 27 at the now-closed Costa Mesa Collective on Harbor Boulevard.

"The city of Costa Mesa ... believes it is above the law," Pappas 
said of the suit. "No longer can cities and police departments 
violate people's rights based on marijuana once being part of failed 
drug prohibition policies."

Efforts to verify that the suit had been filed with the courts 
Tuesday were unsuccessful. Costa Mesa officials said they were unable 
to immediately comment on the complaint and are working on a statement.

Costa Mesa police Chief Rob Sharpnack has declined to discuss details 
of the January incident, due to a continuing criminal investigation. 
However, he said a code enforcement inspection warrant was obtained 
for Costa Mesa Collective. Sharpnack declined the Register's requests 
to produce a copy of the warrant.

The Register has been unable to locate any type of warrant covering 
the operation in the Orange County court system, where such documents 
typically would be filed.

Medical marijuana dispensaries are illegal in Costa Mesa. On the 
afternoon of Jan. 27, Costa Mesa police with guns drawn burst through 
the front door of Costa Mesa Collective yelling, "Search warrant!" 
and ordered a half-dozen people inside to the floor.

Five people were arrested on suspicion of possession with intent to 
distribute marijuana, a felony, Pappas said. They spent four days in 
Orange County Jail before being released without any charges filed, he added.

Prosecutors have referred the case to Costa Mesa police for investigation.

During the raid, police removed a digital video recorder but didn't 
find four hidden cameras and another recorder that captured their 
actions. Pappas provided the Register with two hours of video from 
the cameras that shows officers searching the collective, seizing 
items and questioning employees and customers.

The lawsuit contends that Costa Mesa police violated the 
constitutional rights of those in the dispensary because they entered 
and seized items without proper warrants.

Costa Mesa Collective operators have not been provided a warrant or 
an inventory of items seized, Pappas said.

Sharpnack said the department obtained an inspection warrant, which 
is used to enter a premises to investigate whether it is complying 
with building, fire, zoning and civil codes.

Warrants are issued by a judge and a list of items seized has to be 
filed with the court, said Jen McGrath, another attorney representing 
Costa Mesa Collective.

If a business refuses access, a city may have grounds to obtain an 
inspection warrant and seek a judge's permission to make forcible 
entry, but investigators can't seize evidence for a criminal case, 
McGrath said. The lawsuit alleges police may have "omitted, 
misrepresented or withheld material facts" to obtain an inspection warrant.
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