Psycho4Bud
04-05-2008, 06:57 PM
Judge rules search warrant served on CannaHelp invalid; D.A. to appeal
The criminal case against the owner and managers of a Palm Desert medical marijuana dispensary was dealt a setback Friday when a judge invalidated the search warrant used to investigate the defendants.
Prosecutors said they will appeal the ruling.
If the ruling is not overturned, the case will likely be dismissed for lack of evidence.
CannaHelp owner Stacy Hochanadel and his managers, James Campbell and John Bednar, all 31, were arrested in December 2006 and charged with felony possession of marijuana for sale, transport and sale of marijuana and keeping a place to sell controlled substances.
Marijuana and financial records were seized at CannaHelp, 73-359 El Paseo, in December 2006 during a raid by the Riverside County Sheriff's Department.
Riverside County Superior Court Judge David B. Downing said he looked at the facts carefully and concluded the three defendants were in compliance with the state's Compassionate Use Act, and that they were operating a "legitimate business."
He further concluded that the affidavit in support of the search warrant was flawed because Robert Garcia, the sheriff's investigator who prepared it - although familiar with drug cases - was not adequately trained in handling medical marijuana cases.
"He made mistakes in the affidavit the problem was he didn't have a clue about the Compassionate Use Act," Downing said.
He noted that police see people dealing drugs every day but rarely deal with medical marijuana.
He also said Garcia wrongly asserted the dispensary had made a $1.6 million profit because the investigator admitted under cross-examination that most of the money was used to buy more pot.
Downing, who said he fully expected prosecutors to file an appeal, scheduled a May 5 hearing, when prosecutors are expected to announce their next steps.
Supervising Deputy District Attorney Richard Cookson said his office disagreed with the judge's ruling and will file an appeal with the 4th District Court of Appeals in Riverside.
Marijuana dispensary scores victory in court | MyDesert.com | The Desert Sun (http://www.mydesert.com/apps/pbcs.dll/article?AID=/20080405/NEWS0802/804050308)
Hell yeah, a judge that knows the law.
Have a good one!:jointsmile:
The criminal case against the owner and managers of a Palm Desert medical marijuana dispensary was dealt a setback Friday when a judge invalidated the search warrant used to investigate the defendants.
Prosecutors said they will appeal the ruling.
If the ruling is not overturned, the case will likely be dismissed for lack of evidence.
CannaHelp owner Stacy Hochanadel and his managers, James Campbell and John Bednar, all 31, were arrested in December 2006 and charged with felony possession of marijuana for sale, transport and sale of marijuana and keeping a place to sell controlled substances.
Marijuana and financial records were seized at CannaHelp, 73-359 El Paseo, in December 2006 during a raid by the Riverside County Sheriff's Department.
Riverside County Superior Court Judge David B. Downing said he looked at the facts carefully and concluded the three defendants were in compliance with the state's Compassionate Use Act, and that they were operating a "legitimate business."
He further concluded that the affidavit in support of the search warrant was flawed because Robert Garcia, the sheriff's investigator who prepared it - although familiar with drug cases - was not adequately trained in handling medical marijuana cases.
"He made mistakes in the affidavit the problem was he didn't have a clue about the Compassionate Use Act," Downing said.
He noted that police see people dealing drugs every day but rarely deal with medical marijuana.
He also said Garcia wrongly asserted the dispensary had made a $1.6 million profit because the investigator admitted under cross-examination that most of the money was used to buy more pot.
Downing, who said he fully expected prosecutors to file an appeal, scheduled a May 5 hearing, when prosecutors are expected to announce their next steps.
Supervising Deputy District Attorney Richard Cookson said his office disagreed with the judge's ruling and will file an appeal with the 4th District Court of Appeals in Riverside.
Marijuana dispensary scores victory in court | MyDesert.com | The Desert Sun (http://www.mydesert.com/apps/pbcs.dll/article?AID=/20080405/NEWS0802/804050308)
Hell yeah, a judge that knows the law.
Have a good one!:jointsmile: