Friday Aug 27, 2004
Court: No search warrants for less than 4 ounces of marijuana
ANCHORAGE, Alaska (AP) -- The Alaska Court of Appeals ruled Friday that police cannot execute a search warrant in a person's home for possession of less than 4 ounces of marijuana.
Attorney General Gregg Renkes says he will appeal the ruling to the state Supreme Court and that he is "fearful that this will shut down effective investigation of marijuana growing cases."
The Appeals Court ruled in the case of Leo Richardson Crocker Jr., who was charged with controlled substance misconduct after police, acting on a tip, searched his Anchor Point home and found marijuana and growing equipment.
A lower court ruled the search warrant that led to the arrest should have never been issued and suppressed the evidence against Crocker. The Appeals Court agreed.
The opinion is the latest decision that has carved out protections for possessing marijuana in an Alaska home. The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.
The Appeals Court also struck down a 1990 voter initiative that criminalized possession of any amount of marijuana.
To execute a search warrant, police must have reason to believe the amount of marijuana exceeds 4 ounces or is being used in connection with a crime, the Appeals Court said Friday.
Renkes said the ruling hamstrings police efforts to break up marijuana growers.
"It will be rare that there will be someone who can provide eyewitness information to the amount of marijuana in a growing operation," Renkes said. "At this point the only way to get a search warrant is for someone to testify to the size of the crop."
Renkes said he plans to ask the U.S. Attorney's Office to be more aggressive in busting marijuana growers, as the court's ruling does not affect federal cases.
State prosecutors argued that the earlier decisions did not legalize marijuana possession in the home. Rather, the decisions created a defense that people can use when they are charged with possession. Marijuana possession is a criminal offense and a warrant can be issued if there is probable cause to believe there is any marijuana in the home, prosecutors argued.
The court dismissed that argument, saying the earlier decisions defined a constitutional limitation to the government's ability to prohibit marijuana possession.
Court: No search warrants for less than 4 ounces of marijuana
ANCHORAGE, Alaska (AP) -- The Alaska Court of Appeals ruled Friday that police cannot execute a search warrant in a person's home for possession of less than 4 ounces of marijuana.
Attorney General Gregg Renkes says he will appeal the ruling to the state Supreme Court and that he is "fearful that this will shut down effective investigation of marijuana growing cases."
The Appeals Court ruled in the case of Leo Richardson Crocker Jr., who was charged with controlled substance misconduct after police, acting on a tip, searched his Anchor Point home and found marijuana and growing equipment.
A lower court ruled the search warrant that led to the arrest should have never been issued and suppressed the evidence against Crocker. The Appeals Court agreed.
The opinion is the latest decision that has carved out protections for possessing marijuana in an Alaska home. The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.
The Appeals Court also struck down a 1990 voter initiative that criminalized possession of any amount of marijuana.
To execute a search warrant, police must have reason to believe the amount of marijuana exceeds 4 ounces or is being used in connection with a crime, the Appeals Court said Friday.
Renkes said the ruling hamstrings police efforts to break up marijuana growers.
"It will be rare that there will be someone who can provide eyewitness information to the amount of marijuana in a growing operation," Renkes said. "At this point the only way to get a search warrant is for someone to testify to the size of the crop."
Renkes said he plans to ask the U.S. Attorney's Office to be more aggressive in busting marijuana growers, as the court's ruling does not affect federal cases.
State prosecutors argued that the earlier decisions did not legalize marijuana possession in the home. Rather, the decisions created a defense that people can use when they are charged with possession. Marijuana possession is a criminal offense and a warrant can be issued if there is probable cause to believe there is any marijuana in the home, prosecutors argued.
The court dismissed that argument, saying the earlier decisions defined a constitutional limitation to the government's ability to prohibit marijuana possession.
