Katelyn Baker
Well-Known Member
Costa Mesa — A raid by Costa Mesa police at a medical marijuana dispensary that was caught on hidden cameras is being challenged by an attorney who alleges officers exceeded their legal authority during the operation.
"These guys were doing this to shut down a business without due process because they don't like it," said Matthew Pappas, a Long Beach lawyer who represents the now-closed Costa Mesa Collective in the 2000 block of Harbor Boulevard. "They became judge, jury and executioner."
Medical marijuana collectives are prohibited in Costa Mesa and are not permitted by the city to operate.
Costa Mesa Police Chief Rob Sharpnack declined to discuss details of the January incident, citing a continuing criminal investigation. But he said a code enforcement inspection warrant was obtained for the operation. He declined the Register's requests to produce a copy of the warrant.
Five people, including employees and patients, were arrested on suspicion of possession with intent to distribute marijuana, a felony, Pappas said. They spent four days in the Orange County Jail before being released without charges being filed, he added.
Prosecutors referred the case back to Costa Mesa police for further investigation, said Susan Schroeder, chief of staff for the Orange County District Attorney's Office, who did not comment on details of the case or the legality of the officers' actions.
Two hours of video provided to the Register by Pappas offer a window on an unfolding police operation — in this case involving a type of business the city outlawed within its borders.
It begins as officers, with guns drawn, burst through the front door of the collective on the afternoon of Jan. 27 and order a half-dozen people to the floor.
"Search warrant, police department. Hands up!" officers can be heard shouting.
The video shows police removing a video recorder. Hidden cameras and another recorder continued to capture their actions as they searched the collective, seized items and questioned employees and customers.
Pappas questions whether Costa Mesa police had legal authority to force their way into the dispensary, take the digital recorder and remove items from safes.
"It appears the Costa Mesa police disabled and removed the security recording device knowing they were going to take everything in sight," said Pappas. Police frequently argue they must seize video recordings in such raids to help ensure officer safety, Pappas said. But he suggested they might, at times, also be "protecting the police when they break the law."
The attorney asserts neither he nor Costa Mesa Collective operators were provided a warrant of any kind or an inventory of items seized during the operation, both of which he says should be presented with a court-issued warrant.
Sharpnack said the department obtained a so-called inspection warrant. That type of warrant is normally used to enter a premises to investigate whether a business or other entity is complying with building, fire, zoning and other civil codes.
"I'm 100 percent certain there is a (code enforcement) inspection warrant and that we have completed the (property inventory) returns as well," he said. He said he was attempting to view the video of the operation in Pappas' possession.
Tony Dodero, a spokesman for the city of Costa Mesa, also said the warrant exists and he has seen it, but he declined to provide a copy or additional details. The Register has been unable to locate a warrant covering the operation in the Orange County court system, where such documents typically would be filed. Dodero said he could not immediately comment on how the warrant was served.
The Costa Mesa incident follows a highly publicized May 2015 arrest at Sky High Collective, a pot dispensary in Santa Ana, where police were filmed on hidden cameras eating snacks and making disparaging remarks about a volunteer with disabilities.
Three officers face charges of petty theft for allegedly eating snacks inside Sky High, and one of them faces an additional count of vandalism for allegedly breaking some of the dispensary's surveillance cameras. The officers have pleaded not guilty.
Pappas said in the Santa Ana case, "Police did have a real search warrant for Sky High and gave an inventory list, while Costa Mesa did not."
Warrants, both inspection and search warrants, are issued by a judge. Lists detailing items seized have to be filed with the court, said Jen McGrath, former attorney for the city of Huntington Beach, who is teaming up with Pappas on the Costa Mesa Collective case.
Although warrant contents and affidavits justifying the requests can be sealed, they should be identifiable in the court system, said McGrath.
Without a valid search warrant, any evidence collected by police, including the statements of those interrogated, would be tossed out by the courts, said Kate Corrigan, a Newport Beach lawyer and a former Orange County deputy district attorney.
The League of California Cities issued a report in 2010 regarding the use of code enforcement inspection warrants: "Warrants are not alternatives for police officers to circumvent the need to obtain a search warrant," the report says. "There should not be any appearance that an inspection warrant is being used other than for health/safety inspections."
All California businesses open to the public are subject to municipal inspections during normal business hours for such things as fire, building or code enforcement violations, McGrath said. No warrants are needed for those inspections.
If a business refuses access for an inspection, a city may have proper grounds to obtain an inspection warrant and seek a judge's permission to make forcible entry, but investigators can't seize evidence for a criminal case, McGrath said.
Costa Mesa Collective operators were never contacted by Costa Mesa officials about a code enforcement inspection and hadn't refused entry, Pappas said.
If illegal activity or items are observed during an inspection warrant, the city may return to court to request a search warrant, McGrath said.
Pappas said he plans to file a lawsuit next week against Costa Mesa seeking the return of items seized in the raid and unspecified damages for civil rights violations.
Costa Mesa City Attorney Tom Duarte did not respond to an email and phone calls seeking comment.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Did Costa Mesa Police Have Warrants For Marijuana Dispensary Raid?
Author: Scott Schwebke
Contact: The Orange County Register
Photo Credit: Jeff Gritchen
Website: The Orange County Register
"These guys were doing this to shut down a business without due process because they don't like it," said Matthew Pappas, a Long Beach lawyer who represents the now-closed Costa Mesa Collective in the 2000 block of Harbor Boulevard. "They became judge, jury and executioner."
Medical marijuana collectives are prohibited in Costa Mesa and are not permitted by the city to operate.
Costa Mesa Police Chief Rob Sharpnack declined to discuss details of the January incident, citing a continuing criminal investigation. But he said a code enforcement inspection warrant was obtained for the operation. He declined the Register's requests to produce a copy of the warrant.
Five people, including employees and patients, were arrested on suspicion of possession with intent to distribute marijuana, a felony, Pappas said. They spent four days in the Orange County Jail before being released without charges being filed, he added.
Prosecutors referred the case back to Costa Mesa police for further investigation, said Susan Schroeder, chief of staff for the Orange County District Attorney's Office, who did not comment on details of the case or the legality of the officers' actions.
Two hours of video provided to the Register by Pappas offer a window on an unfolding police operation — in this case involving a type of business the city outlawed within its borders.
It begins as officers, with guns drawn, burst through the front door of the collective on the afternoon of Jan. 27 and order a half-dozen people to the floor.
"Search warrant, police department. Hands up!" officers can be heard shouting.
The video shows police removing a video recorder. Hidden cameras and another recorder continued to capture their actions as they searched the collective, seized items and questioned employees and customers.
Pappas questions whether Costa Mesa police had legal authority to force their way into the dispensary, take the digital recorder and remove items from safes.
"It appears the Costa Mesa police disabled and removed the security recording device knowing they were going to take everything in sight," said Pappas. Police frequently argue they must seize video recordings in such raids to help ensure officer safety, Pappas said. But he suggested they might, at times, also be "protecting the police when they break the law."
The attorney asserts neither he nor Costa Mesa Collective operators were provided a warrant of any kind or an inventory of items seized during the operation, both of which he says should be presented with a court-issued warrant.
Sharpnack said the department obtained a so-called inspection warrant. That type of warrant is normally used to enter a premises to investigate whether a business or other entity is complying with building, fire, zoning and other civil codes.
"I'm 100 percent certain there is a (code enforcement) inspection warrant and that we have completed the (property inventory) returns as well," he said. He said he was attempting to view the video of the operation in Pappas' possession.
Tony Dodero, a spokesman for the city of Costa Mesa, also said the warrant exists and he has seen it, but he declined to provide a copy or additional details. The Register has been unable to locate a warrant covering the operation in the Orange County court system, where such documents typically would be filed. Dodero said he could not immediately comment on how the warrant was served.
The Costa Mesa incident follows a highly publicized May 2015 arrest at Sky High Collective, a pot dispensary in Santa Ana, where police were filmed on hidden cameras eating snacks and making disparaging remarks about a volunteer with disabilities.
Three officers face charges of petty theft for allegedly eating snacks inside Sky High, and one of them faces an additional count of vandalism for allegedly breaking some of the dispensary's surveillance cameras. The officers have pleaded not guilty.
Pappas said in the Santa Ana case, "Police did have a real search warrant for Sky High and gave an inventory list, while Costa Mesa did not."
Warrants, both inspection and search warrants, are issued by a judge. Lists detailing items seized have to be filed with the court, said Jen McGrath, former attorney for the city of Huntington Beach, who is teaming up with Pappas on the Costa Mesa Collective case.
Although warrant contents and affidavits justifying the requests can be sealed, they should be identifiable in the court system, said McGrath.
Without a valid search warrant, any evidence collected by police, including the statements of those interrogated, would be tossed out by the courts, said Kate Corrigan, a Newport Beach lawyer and a former Orange County deputy district attorney.
The League of California Cities issued a report in 2010 regarding the use of code enforcement inspection warrants: "Warrants are not alternatives for police officers to circumvent the need to obtain a search warrant," the report says. "There should not be any appearance that an inspection warrant is being used other than for health/safety inspections."
All California businesses open to the public are subject to municipal inspections during normal business hours for such things as fire, building or code enforcement violations, McGrath said. No warrants are needed for those inspections.
If a business refuses access for an inspection, a city may have proper grounds to obtain an inspection warrant and seek a judge's permission to make forcible entry, but investigators can't seize evidence for a criminal case, McGrath said.
Costa Mesa Collective operators were never contacted by Costa Mesa officials about a code enforcement inspection and hadn't refused entry, Pappas said.
If illegal activity or items are observed during an inspection warrant, the city may return to court to request a search warrant, McGrath said.
Pappas said he plans to file a lawsuit next week against Costa Mesa seeking the return of items seized in the raid and unspecified damages for civil rights violations.
Costa Mesa City Attorney Tom Duarte did not respond to an email and phone calls seeking comment.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Did Costa Mesa Police Have Warrants For Marijuana Dispensary Raid?
Author: Scott Schwebke
Contact: The Orange County Register
Photo Credit: Jeff Gritchen
Website: The Orange County Register
