As Westminster medical marijuana criminal defense attorneys, we were interested to read about a lawsuit against the Seal Beach Police Department for multiple alleged civil rights violations. John Roe, 28, claims officers used unreasonable force and unlawfully searched his apartment on March 1, 2008. The officers also confiscated some of Roe's property, including a 12-gauge duck hunting gun and a WWII-era military pistol as well as three marijuana plants he says were dying. Roe had a doctor's recommendation for the marijuana plants and was growing them legally for his own use, he says. He was charged with felony cultivation nearly two months after the incident, but the prosecutor's office later dismissed the charges. Roe had his guns returned in July of 2009, but claims he's still missing some other property, the Orange County Register reported April 21.
The police originally visited Roe in response to a phone call from his mother, Merry Roe, who lives in a small town in Kentucky. Police say Merry Roe told them John Roe had made a suicide attempt ten years ago and may own a handgun. John Roe disputes this, saying his mother was just concerned because he wasn't answering the phone, and expected the police to tell him to call her. Instead, Roe claims that when the police arrived at his apartment, they drew their guns and handcuffed him. In response to the lawsuit, an officer said Roe wouldn't comply with a first request to step out of the apartment, so he grabbed and handcuffed Roe. Any force used was reasonable, police said, because Roe provoked the physical contact. Roe's claim suggested that police may have responded negatively to his tattoos. He requested a third-party investigation as well as a jury trial for damages.
Our Bellflower medical marijuana criminal defense lawyers don't have enough information to say for sure whether the police's actions were justified. But judging solely by the information in the article, we think Roe has a strong case. In particular, we think it's telling that Roe was charged with cultivating marijuana, a felony offense, despite having a doctor's recommendation. Because Roe was following state law, the prosecution would not have been successful -- so it shows poor judgment by the police that charges were brought in the first place. Similarly, if the officer's statement that Roe refused to step out of his front door was the only physical provocation, police don't have much to justify their choice to restrain him. And the search of his apartment and confiscation, if it wasn't justified by the information the police had, would have been a violation of the Fourth Amendment right against unreasonable search and seizure.
At Howard Law, P.C., we respect the difficult job that police officers do, but we also recognize that some of them step over the line. That's especially true when they see someone or something they don't like -- such as legal medical marijuana use. When officers exercise this type of poor judgment, they waste everyone's tax dollars and put innocent people through the criminal justice system. Medical marijuana users like Roe, who have followed state law as faithfully as possible, should never be convicted. But even if they can get the case dismissed or mount a successful defense at trial, they still suffer the hassle, embarrassment and expense of being criminally prosecuted. Our Orange medical marijuana criminal defense attorneys work hard to keep clients out of jail for doing something that is unquestionably legal, even if some cops don't happen to like it.
If you're charged with a marijuana crime in California because of legal, safe use of medical marijuana, you don't deserve to be treated like a criminal. To learn more about how Howard Law, P.C. can help, call us toll-free at 1-800-872-5925 or contact us through our website today.
