DdC

Cedar City — Felony drug charges against three California men carrying medical marijuana prescriptions at the time of their arrest could be dismissed now that a judge has ruled police illegally obtained the evidence against them.

"We are very happy this is over. It's been an interesting 35,000-mile journey," said Dennis Peron, 57, from his home in California on Thursday. "This case was about the Fourth and Sixth Amendments. The Fourth Amendment is put there to protect us from police coming into our homes or private rooms and conducting illegal searches. They had plenty of time to get a warrant and they didn't do it."

Peron was arrested at a Cedar City hotel in November 2001 and charged with a third-degree felony count of engaging in a criminal enterprise and a misdemeanor possession of drug paraphernalia. John Entwistle Jr., 38, and Kasey Conder, 19, also were arrested on charges of third-degree felony possession with intent to distribute and misdemeanor possession of drug paraphernalia. If convicted, the men could have been sentenced up to five years in prison.

Fifth District Judge J. Philip Eves ruled Monday that since police did not have a search warrant when they entered the men's hotel room all evidence obtained during the search was inadmissible. Evidence obtained later from the men's vehicle must also be tossed, even though police had a warrant for that search, the judge ruled.

The three men were on an extended road trip and planned to see Zion National Park and other Utah sites when they stopped in Cedar City for the night, said Peron. All three were carrying medical prescriptions for marijuana written by California doctors. That state's Compassionate Use Act, passed in 1996, allows the possession of marijuana for medical use, although Eves earlier ruled the prescriptions were invalid in Utah. Peron and Entwistle say they use marijuana to treat alcoholism, while Conder uses it to treat depression.

Iron County Attorney Scott Garrett said when officers arrived at the hotel they smelled marijuana coming from the room and knocked on the door. Once the door was opened, officers asked to enter and one officer put his foot in the door. Police found marijuana, brownies laced with pot, and cash in the room and car.

"All the officers needed to do was get a warrant when they first smelled the marijuana," said Garrett, who will forward copies of the judge's decision and court briefs to the Utah Attorney General's Office to determine if an appeal should be filed. If the case isn't appealed, Garrett said he will file a motion to dismiss. "Once something is obtained without a search warrant, everything obtained past that can't be used either. It doesn't matter if they went and got a warrant to search the car or not."

Cedar City Police Chief Bob Allinson said he was disappointed in the judge's ruling.

"We respect the judge's ruling, although it's a hard one to lose," said Allinson, who said he thought his officers did the right thing at the time. "We've discussed this case as a department and want to make sure we understand the judge's ruling. Maybe there's something we could do better or differently. Based on the evidence we had at the time and the possibility of evidence being destroyed, I think they (the officers) did the right thing. I feel good about their actions."

Peron said he still wants to see Zion National Park.

"Our trip kind of got interrupted," he said. "When I first got busted in Utah I thought that it was the worst thing that could happen to me. But it's been the best thing. I've met a lot of nice people there."

Peron, the author of California's medical marijuana law, said Utahns should work to get the same law on the ballot in their state.

"Medical marijuana is alive in Utah," said Peron who also authored a marijuana cookbook he said remains in police custody. "You can work within the system and get this on the ballot. I grow my own marijuana. Why can't I go to Utah with my medicine?"

Note: Police illegally obtained evidence, judge rules.

<a href="http://www.cannabisnews.com/news/thread16059.shtml" target="_blank">Mari juana Case Crumbling</a>
Source: Deseret News (UT)
Author: Nancy Perkins, Deseret News Correspondent
Published: Friday, April 25, 2003
Contact: letters@desnews.com
Website: <a href="http://www.desnews.com" target="_blank">http ://www.desnews.com</A>



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Mike Foley was sentenced to time in federal prison today by Judge Chesney in San Francisco - 5 mos in prison and 5 in a halfway house, + probation. We were really hoping he wouldn't get any time at all. Mike had pled out to charges of growing 95 plants. He is now the fourth person sentenced to federal prison since the Supreme Court ruling disallowing medical defense in federal trials last year.

Interestingly, Judge Chesney stated that because the federal law was not negotiable, the only choice left to defense was to argue that the law was unfair and seek jury nullification! The prosecutor, George Bevan, protested that defendants are not allowed to make this argument in court. He is slated to go into custody on June 9. Mike Foley & his partner Robyn Few, for those who are unaware of their work, are some of the most energetic and loving ASA activists there are. If you wish to contact Mike or Robyn, you can write them at: foleyfew@msn.com
druid

<a href="http://www.njweedman.com/" target="_blank">Webs ite of the month: NJWeedMan.com</a>

<a href="http://www.marijuana.org/LATimes3-6-03.htm" target="_blank">'Pot Refugee' May Be Forced to Leave Canada</a>

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BUDFORCE

Congrats to Peron for his victory out of state, that was certainly not a good situation. Mike is another victim of the feds, but he got off with a light sentance. No patient should have to go to jail for the cultivation of their medicine, and hopefully soon we will find the means to protect ourselves from the tyranny of the feds.