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(The Coloradoan)   You know how cops are always artificially inflating the potential proceeds in their drug busts? Well one guy in Colorado is suing the police for $210,000, for his illegally seized pot. Police to say this is exorbitant in 5..4   (coloradoan.com) divider line 36
    More: Spiffy, Colorado, Larimer County, Colorado  
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7009 clicks; posted to Main » on 09 Apr 2013 at 8:13 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-09 08:14:52 AM
Yeah he'll totally see a cent of that.
 
2013-04-09 08:17:50 AM
so they confiscated about 2 ounces?

/dnrta
 
2013-04-09 08:18:51 AM
HAHAHAHAHAHAHAHAHAHAHAHA...!!!
 
2013-04-09 08:20:47 AM
42 plants at $5K each.
 
2013-04-09 08:23:13 AM
Hell, yeah, he IS using cop math! :-)

"Corry previously said his client expects to receive $5,000 per plant, based on what law enforcers have testified a marijuana plant is worth, in addition to attorney fees. "
 
2013-04-09 08:26:10 AM
This is totally fair.  I mean, his 42 plants were seized illegally.  The cops should have checked the registry on those 45 plants before hauling all 48 of them out to their truck, putting 52 individual bags around them, and shelving all 55 out of light and with no food or water.  And let me tell you, 58 plants are going to need a lot of food, light and water.  Even though they returned his 60 plants at the end of the case, all 62 were worthless.
 
2013-04-09 08:28:16 AM
FTFA picture caption: "Clones are cuttings from a maturre (sic) plant and re-planted to make new plants"

Clones?  You can't just call them cuttings... you know, the gardening term?
Does Marijuana have to have it's own set of terms for everything?
 
2013-04-09 08:29:31 AM
Sounds like a legitimate case. I wish him luck.
 
2013-04-09 08:32:46 AM

huntercr: FTFA picture caption: "Clones are cuttings from a maturre (sic) plant and re-planted to make new plants"

Clones?  You can't just call them cuttings... you know, the gardening term?
Does Marijuana have to have it's own set of terms for everything?


Yes.  It's part of the fun.
 
2013-04-09 08:34:31 AM
If the case is as presented in the press, I would love to see him win, so the forfeiture culture gets a setback.
 
2013-04-09 08:37:41 AM
sweet.
 
ZAZ [TotalFark]
2013-04-09 08:39:44 AM
When his plants were returned, they were worthless because deputies had cut, bagged and failed to maintain them pending the trial's outcome, Young claims.

Under my state's law and federal law this would fall into the "detention of goods" exception to government liability. The government has no obligation to preserve anything it took from you. In my state cops stole jewelry off a guy they arrested and the police department was not liable. The feds seized a sports car, wrecked it going for a joyride, and didn't have to pay for the damage. Etc.
 
2013-04-09 08:40:18 AM

BarkingUnicorn: his client expects to receive $5,000 per plant, based on what law enforcers have testified a marijuana plant is worth, in addition to attorney fees. "


ohburn.jpg
 
2013-04-09 08:41:20 AM
The "war on drugs" takes another hit. Maybe there is a downside to the militarization of our local police departments?!?
 
2013-04-09 08:46:06 AM

reillan: This is totally fair.  I mean, his 42 plants were seized illegally.  The cops should have checked the registry on those 45 plants before hauling all 48 of them out to their truck, putting 52 individual bags around them, and shelving all 55 out of light and with no food or water.  And let me tell you, 58 plants are going to need a lot of food, light and water.  Even though they returned his 60 plants at the end of the case, all 62 were worthless.


You, sir, win one internet!
 
2013-04-09 08:52:20 AM

BarkingUnicorn: Hell, yeah, he IS using cop math! :-)

"Corry previously said his client expects to receive $5,000 per plant, based on what law enforcers have testified a marijuana plant is worth, in addition to attorney fees. "


bahaha. dumb assholes, I hope they have to fire people to pay it.
 
2013-04-09 08:59:58 AM

ZAZ: The feds seized a sports car, wrecked it going for a joyride, and didn't have to pay for the damage.


Wait, really?

I can understand how there's no liability if they seize your pristinely garaged luxury car and let it get dented up a bit while sitting in an impound lot.

But going on joyrides is not a law enforcement duty, and I'd have assumed that such an action would not qualify them for qualified immunity.  Right?
 
ZAZ [TotalFark]
2013-04-09 09:04:44 AM
poot_rootbeer

The car was held (as the pot plants are held in this case) for a law enforcement related reason. That gives the government immunity for negligent (or worse) acts of its employees. Coverage: http://www.thenewspaper.com/news/34/3490.asp, http://www.thenewspaper.com/news/36/3611.asp.
 
2013-04-09 09:07:52 AM
Win the case, local guv refuses to pay, slap a lien on the police dept, bingo - your very own zombie Tonton Macoute, ready to do your bidding.
 
2013-04-09 09:13:00 AM
media-cache-ec3.pinterest.com

/Sorry so small
//Linked like it's hot
 
2013-04-09 09:18:06 AM

huntercr: Clones? You can't just call them cuttings... you know, the gardening term?


I actually have seen that term used a lot in reference to cuttings and other forms of asexual plant reproduction.
 
2013-04-09 09:19:52 AM
Some people in Colorado actually have had their medical marijuana returned by the police after a unjustified bust, so this guy's suit isn't entirely without hope.
 
2013-04-09 09:21:24 AM

ZAZ: poot_rootbeer

The car was held (as the pot plants are held in this case) for a law enforcement related reason. That gives the government immunity for negligent (or worse) acts of its employees. Coverage: http://www.thenewspaper.com/news/34/3490.asp, http://www.thenewspaper.com/news/36/3611.asp.


You know, I'd have also thought that taking a car for a joy ride would not fall within the scope of law enforcement duties, but what do I know.
 
2013-04-09 10:05:08 AM

huntercr: FTFA picture caption: "Clones are cuttings from a maturre (sic) plant and re-planted to make new plants"

Clones?  You can't just call them cuttings... you know, the gardening term?
Does Marijuana have to have it's own set of terms for everything?


I hate all the stupid words you have for it.

// oblig hotlink
art.penny-arcade.com
 
2013-04-09 10:10:04 AM
Corry in the latest filing retorts that it was indeed sheriff's office policy to destroy the plants, which were taken when previous Sheriff Jim Alderden was in office.

It still farking amazes me that any self-described "civilized" society would seek to eradicate a farking plant.  We will go out of our way to save some farking beetle in a remote corner of the rain forest or to protect the apparently only tree in the world that some farking spotted owl will nest in, but when it comes to a plant that some people just happen to enjoy, that shiat's gotta be destroyed.
 
2013-04-09 10:35:43 AM
Ha!! Good luck to him, he can sure site case after case and reams of testimony from law enforcment in every state to support his claim.

I love Karma.
 
2013-04-09 11:20:27 AM

ZAZ: When his plants were returned, they were worthless because deputies had cut, bagged and failed to maintain them pending the trial's outcome, Young claims.

Under my state's law and federal law this would fall into the "detention of goods" exception to government liability. The government has no obligation to preserve anything it took from you. In my state cops stole jewelry off a guy they arrested and the police department was not liable. The feds seized a sports car, wrecked it going for a joyride, and didn't have to pay for the damage. Etc.


Yup. The cops in my hometown still haven't explained how my dad's radar detector was "lost" from the evidence locker in the PD's basement. It had been stolen the night my parents came home from one of their last trips to Colorado; the cops found it on a perp a few weeks later, charged him and seized the electronics as evidence. After the trial (say 6 months or so) nobody could find this device. That's one reason why I simply snicker when pigs (suited as well as uniformed) talk about the chain of evidence control. The stuff they return to families is the stuff nobody wanted for themselves.

The guy's going to get some lulz and maybe even some free drinks from people who hear the story, but he isn't going to see a penny from these pigs.
 
2013-04-09 12:24:16 PM
I tried this same thing after I was robbed of marijuana plants. I tried for whatever I could but ultimately it came down to them telling me that they cant put a price on this type of item. They say its the same logic that would apply if a thief would steal an art sculpture  You can argue all day what you put into and its purposed value but it has no designated market value and therefore you cannot recover it.

Been there done that.  I thought the idea was awesome too. Too bad it doesnt work out.
 
2013-04-09 12:29:31 PM

Semi-Semetic: You know, I'd have also thought that taking a car for a joy ride would not fall within the scope of law enforcement duties, but what do I know.


It's correct that taking a car out for "a joy ride" wouldn't fall within the scope of law enforcement duties, but in that case the liability would have been with the individuals involved, not with the bureau.

And it's basically impossible to find out if that was the case, as the FBI has refused to give an explanation for why an agent and an attorney had taken the vehicle onto public roads, and has blocked attempts by the vehicle's owner to find out.
 
2013-04-09 12:31:53 PM
Hilarious.Lets replace "marijuana plants" with any other item(boats) and see how this story plays out.Cops failed to follow procedure and illegally seized 42 "boats".Cops purposely overvalued the "boats" in an effort to throw the book at Young.Cops knew the "boats" would lose all value if not properly cared for.Cops still seized the "boats" with no intent to maintain them.By their own account cops destroyed around $200,000 worth of "boats".Now the cops are saying it is not their fault that they destroyed the "boats".
 
2013-04-09 12:48:21 PM
Sounds like a repeat.
 
2013-04-09 02:05:13 PM
State officials who break state laws can be held responsible for their actions?

Who knew!
 
2013-04-09 02:56:21 PM

StrangeQ: Corry in the latest filing retorts that it was indeed sheriff's office policy to destroy the plants, which were taken when previous Sheriff Jim Alderden was in office.

It still farking amazes me that any self-described "civilized" society would seek to eradicate a farking plant.  We will go out of our way to save some farking beetle in a remote corner of the rain forest or to protect the apparently only tree in the world that some farking spotted owl will nest in, but when it comes to a plant that some people just happen to enjoy, that shiat's gotta be destroyed.


This is the sick twisted result of our authoritarian society.  Add in a dash of self-righteous ignorance and we're off to the races!
 
2013-04-09 04:51:58 PM

StrangeQ: Corry in the latest filing retorts that it was indeed sheriff's office policy to destroy the plants, which were taken when previous Sheriff Jim Alderden was in office.

It still farking amazes me that any self-described "civilized" society would seek to eradicate a farking plant.  We will go out of our way to save some farking beetle in a remote corner of the rain forest or to protect the apparently only tree in the world that some farking spotted owl will nest in, but when it comes to a plant that some people just happen to enjoy, that shiat's gotta be destroyed.


Good, I expect you'll be contributing to the save the guinea worm foundation.
 
ZAZ [TotalFark]
2013-04-09 05:19:43 PM
c4rr0tc4k3

The owner of property is generally allowed to testify about its value despite not being an expert appraiser.

You could go to court and testify "they stole $5,000 worth of my weed." Objections would fly through the air and lawyers would do mortal combat and in the end you would explain the basis for your opinion and the judge or jury would be entitled to find that the weed was worth $5,000. If you're in the business of selling or can prove familiarity with the market you could also qualify as an expert witness.
 
2013-04-10 09:40:23 PM
Spliffy
 
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