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CA Judge Rules Against Warrantless Searches for Growing Operations

by Salvatore P. Ciulla on February 2, 2015 · 0 comments

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A California judge has ruled against law enforcement in Lake County, saying that regardless of it’s ban on medical marijuana growing activity, law enforcement officials still need a warrant before entering homes or businesses to remove marijuana plants.

 

The case started with three elderly patients whose properties were broken into by law enforcement in order to seize medical marijuana plants. Although growing marijuana is banned in Lake County, all but one patient grew amounts of marijuana consistent with California’s Proposition 215. All three of the patients were raided in the last few weeks, including a 60-year-old patient who had 6 plants, a 66-year-old patient who was growing 9 plants, and a 70-year-old patient who was growing 14 immature plants with her husband. Prop 215 limits legal marijuana possession to 12 immature plants, 6 adult plants or 8 ounces of dried marijuana. Law enforcement named in the lawsuit entered the property without permission and seized the plants without a warrant.

 

Attorneys for Lake County law enforcement officials named in the lawsuit said the seizure was legal due to a June 2014 ban on growing activities within the county. However, the judge said the county failed to provide evidence that the activities posed an imminent danger to the public.

 

The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.

 

Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

 

 

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