Colorado Man sues Larimer sheriff over destroyed medical mj plants after acquittal

[vapedg13]

I thought this was cool as shit hahaha $5000 a plant.

A man jurors acquitted of multiple marijuana felonies has sued the Larimer County Sheriff’s Office after his 42 plants were destroyed, according to a lawsuit recently filed in 8th Judicial District Court.

Denver lawyer Rob Corry said his client expects to receive $5,000 per plant (totaling $210,000), based on what law enforcers have testified a marijuana plant is worth, in addition to attorney fees.

Kaleb Young, 34, had been growing the plants in a Wellington home in compliance with Colorado’s medical marijuana laws and during a warrant search in September 2010 had shown deputies paperwork authorizing him to do so, according to the lawsuit.

Young was arrested, and his plants, raw marijuana and equipment were among items taken during the search. An investigation, including surveillance, had been under way for five months after deputies followed up on a tip, according to filings in the criminal court case.

The case went to trial, and Young was acquitted of all charges in November 2011.

“Typically, the agency will preserve the plants as they’re required to do under the (Colorado) Constitution,” Corry said. “Here, they just straight-up cut them down and destroyed them.”

Larimer County Sheriff Justin Smith declined comment Friday because he had not seen the lawsuit, a sheriff’s spokesman said in an email. Smith has previously said it would be a violation of federal law for his agency to dispense marijuana to the public.

Fort Collins Police Services, in at least one instance of a marijuana grower claiming medical status, has taken samples and photos of plants, leaving them at the scene where the warrant was served. Corry said this is ordinary in Colorado.

“What commonly happens is they’ll just leave the plants right where they find them,” he said.

Corry, who represents people in marijuana cases across the state, said this is likely the first time in Colorado that a medical-marijuana grower was acquitted at trial and sued because plants and marijuana weren’t returned.

“You hear a lot about these cases being threatened,” he said. “But to my knowledge, none have gone the distance yet.”

Young had been charged with cultivation of marijuana, possession with intent to manufacture or distribute less than 5 pounds of marijuana, and possession of more than 12 ounces of marijuana, according to the lawsuit.

After the acquittal, the sheriff’s office returned some of the property, but none of the plants or marijuana.

“Throughout December 2011, Mr. Young repeatedly attempted to enforce, through counsel, the District Court order that required the Larimer County Sheriff’s Office to return property previously seized from his residence, including 42 medical marijuana plants,” according to the lawsuit.

The lawsuit cites language from the Colorado Constitution indicating marijuana and paraphernalia seized by “state or local law enforcement officials from a patient or primary caregiver in connection with the claimed medical use of marijuana” must be returned on acquittal.

Young has no other criminal record more serious than a traffic violation, according to Colorado court records

 

[rives]

That should be a start to LEO using numbers that actually have a basis in reality!

 

[noyd666]

another good story for today. hope he gets a payday.

 

[Godless]

$5000?

One day some pig is gonna kill someone's heirloom sativa mom and $5000 ain't gonna come close.

 

[Puffaluffagus]

I hope he gets every dollar he's suing for, and the pig gets fired.

 

[Hydro-Soil]

This is exactly why Park County doesn't confiscate plants or even follow up on calls about suspected grow operations.

They actually built a grow room in the jail... to house confiscated plants. F'n retards. (like I'm not going to sue you for infecting my plants with dumbo's root aphids... right? LOL) They bitch that the only people who know how to grow are the inmates.

It's not worth the hassle for them. 30+ plants on a 6 plant license? Whatever. *shrug* That patient is only a couple bucks and another doctor visit away from getting the right license... why risk it?

What gets me is the ingrained ignorance that makes so many cops upset at cannabis... instead of being upset with their handlers for telling them to "sic baggies!"

Between stuff like this and jury nullification... cannabis prohibition is going down!

Stay Safe!

 

[draco]

sounds right. this county sheriff is a real piece of work.

he has made reference to the states constitution as a joke - and was prosecuting right up to when the law was signed.

that mf is costing me money and i want him out! out!!

these retard soldiers of the lord should NOT be allowed to hold public office anywhere.

btw i love to see lies blow up in the faces of the pricks who tell them!

 

[noyd666]

unmerry xmas to world wide pig association.lol. fugg em.

 

[greenmatter]

Rob Corry has been waiting for this case for a while but IMHO there has never been a stoner "clean" enough to use as a poster child .......... now maybe the cops will be a little less likely to be absolute bastards simply cause they want to

 

[draco]

thanks HS for bringing up jury nullification. a potent weapon in fighting tyrannical laws:

http://en.wikipedia.org/wiki/Jury_nullification

 

[Hash Zeppelin]

 

[BrnCow]

This is exactly why Park County doesn't confiscate plants or even follow up on calls about suspected grow operations.

They actually built a grow room in the jail... to house confiscated plants. F'n retards. (like I'm not going to sue you for infecting my plants with dumbo's root aphids... right? LOL) They bitch that the only people who know how to grow are the inmates.

It's not worth the hassle for them. 30+ plants on a 6 plant license? Whatever. *shrug* That patient is only a couple bucks and another doctor visit away from getting the right license... why risk it?

What gets me is the ingrained ignorance that makes so many cops upset at cannabis... instead of being upset with their handlers for telling them to "sic baggies!"

Between stuff like this and jury nullification... cannabis prohibition is going down!

Stay Safe!

Is that fucking Fred Werner still sheriff there? That motherfucker is a real tool...redneck as hell and will lie, cheat, and steal in a heart beat...several of those Bailey cops suck also. One of those fuckers bought some makeup from my ex on credit and wouldn't pay her for it. What a cheap fucking Richard...maybe Big Foot will stomp his ass one day...

 

[Laughing Jim]

I hate cops...thugs with badges.

 

[Hydro-Soil]

Yeah... werner is still here(edit: Wait... werner? No.. Fred Wagner) and so is gore. What retards. I even have it on tape. *sigh*

There's one peon officer left from the old pool of corrupt, sadistic, pig-minded cops. I've had him personally feed me a line of crap and threaten to run me in for stating flat out that he's a liar. He and his wife are so stupid... dumb enough to threaten to 'escort' a kid from the building if they played any more of their music on the juke box. WTF??

Talk about a tool. *sigh*

Anyway... their hands are tied regarding cannabis now. They can grump and grumble all they want and it isn't going to change things. Their best bet would be to just move to Texas or some other non-medical state.

Stay Safe!

 

[Lostclusters]

Did Mr. Young win his lawsuit?

 

[FCDobbs]

Did Mr. Young win his lawsuit?

No.

http://www.cobar.org/opinions/opinion.cfm?opinionid=9505&courtid=1

 

[noyd666]

he had a go.

 

[stoned-trout]

I would of sued for 10k a plant ... hey fair is fair they over value shit all the time ....yeehaw

 

[Cannabis Gal]

Noyd666: My sentiments exactly!!!!!