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Court won't allow search warrants for less than four ounces of Pot

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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-29-04 09:53 AM
Original message
Court won't allow search warrants for less than four ounces of Pot
ANCHORAGE - 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.
<snip>
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.

<snip>
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.

http://www.juneauempire.com/stories/082904/sta_court.shtml
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bitchkitty Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-29-04 10:01 AM
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1. Cool beans!
I like news like this. Marijuana should be legal; it's long past time to put current laws in the shredder. It should at least be treated like the very beneficial medicine that it is.

I'm part of a community of Oregon patients and caregivers who are working to get the law changed:

http://oregongreenfree.com

Oregonians - vote YES on Measure 33!
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-29-04 10:20 AM
Response to Original message
2. as someone who's lived with the consequences of a family...
Edited on Sun Aug-29-04 10:21 AM by mike_c
...member's alcoholism for 15 years, I am outraged by this country's drug policies. It makes absolutely no sense to prohibit pot-- a benign intoxicant and a remarkable plant with dozens of other beneficial uses-- while licensing the production and distribution of a truly dangerous drug (ethanol) that utterly destroys peoples' lives.
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BiggJawn Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Aug-29-04 10:35 AM
Response to Original message
3. So the cops just claim they're looking for 4 POUNDS of Boo...
And they get their warrant.

But I have to ask, why do they bother with the OLD procedures?
Can't they go to a Federal judge and claim "Homeland Security" and get a "We're looking for (fill in the blank)" warrant?

So they kick your door, turn everything upside down, bust your fish tank, Bust your furniture,shoot your dog dump out your LP's and grind their muddy heels into your Stowkowski Red Seals, then say "Sorry, you have only 3 ounces" and leave you to clean up the mess?

Mission Accomplished. Message "We're the FUZZ. Don't you forget it" delivered.
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