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| Court Refuses to Order Store to Turn Over Records |
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Posted by FoM on April 08, 2002 at 13:13:50 PT By Steven K. Paulson, The Associated Press Source: Associated Press 
The Colorado Supreme Court refused to order a bookstore Monday to tell police who bought two how-to books on making illegal drugs, saying the First Amendment protects the right to purchase books anonymously. The decision overturns a ruling by a Denver judge who said Tattered Cover Book Store owner Joyce Meskis must give records of the sale to a Denver-area drug task force. Police and prosecutors in the closely watched case had argued that the buyer's identity was critical to their investigation of a methamphetamine lab and that they had no other way to prove who owned the books. But the high court ruled that the First Amendment and the Colorado Constitution "protect an individual's fundamental right to purchase books anonymously, free from governmental interference." "It is a huge relief and just a thoughtful and well-reasoned decision by the court for which we are very grateful," Meskis said. Police sought the records after finding an envelope from the bookstore outside a mobile home they had raided. Inside the home were a methamphetamine lab and the how-to books "Advanced Techniques of Clandestine Psychedelic and Amphetamine Manufacture" and "The Construction and Operation of Clandestine Drug Laboratories." The envelope was printed with an invoice number and the trailer's address, but no name. Police found no fingerprints on the books and obtained a search warrant to find out who ordered it. The court said Monday that the search warrant should never have been issued. The Tattered Cover, one of the country's largest independent bookstores, had argued that the order violated its customers' First Amendment rights. It was assisted in the case by the American Booksellers Foundation for Free Expression. So far, no arrests have been made in the drug case pending the outcome of the court challenge. Bob Grant, who as the district attorney in adjacent Adams District refused to go after a search warrant, forcing police to go to the Denver district attorney, said the ruling sets a higher standard than the one established by the U.S. Supreme Court. He said the ruling will force prosecutors to show a compelling need, as opposed to just the "substantial and legitimate interest" required in most states. Prosecutors could still go back to court with more evidence to meet the higher standard. Sue Armstrong, executive director of the American Civil Liberties Union of Colorado, said the ruling does not prohibit police from getting records but sets the bar higher for obtaining a search warrant. "The court has showed its best face in protecting the rights of privacy for those of us who visit bookstores," Armstrong said. Complete Title: Colorado Supreme Court Refuses to Order Book Store to Turn Over Sales Records On the Net: Tattered Cover: http://www.tatteredcover.com Colorado Supreme Court: http://www.courts.state.co.us/ Source: Associated Press Related Articles: Using Books as Evidence Against Their Readers Police Seek Record of a Bookstore's Patrons Home Comment Email Register Recent Comments Help |
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| Comment #3 posted by kanabys on April 09, 2002 at 05:59:54 PT |
| I really don't understand why anyone needs to buy books on this subject. The internet is cram-packed with how-to guides on almost anything you want to make or grow. It's virtually anonymous, using the right privacy tools, and very informative. [ Post Comment ] |
| Comment #2 posted by FoM on April 08, 2002 at 13:46:33 PT |
| The Associated Press Mon 8 Apr 2002 NEW YORK (AP) — Mayor Michael Bloomberg will be featured in an advertising campaign by the National Organization for the Reform of Marijuana Laws, the group said Monday. The $500,000 campaign will feature bus shelter signs and telephone booth posters carrying a quote from Bloomberg, when asked if he had ever smoked marijuana, declaring: ``You bet I did. And I enjoyed it.'' Bloomberg made the remark to a New York magazine reporter last year before he was elected mayor. The Washington-based group is using Bloomberg as the centerpiece of its campaign to urge the city to stop arresting and jailing people for smoking marijuana. Bloomberg said Monday that the city would continue making such arrests, no matter what he may have said in the past. ``I'm not thrilled they're using my name,'' he said. ``I suppose there's that First Amendment that gets in the way of me stopping it.'' The mayor didn't say when he smoked marijuana. The campaign also will feature radio spots and a full-page ad in The New York Times, but the group did not say if the Bloomberg quote would appear in those. [ Post Comment ] |
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Comment #1 posted by Ethan Russo MD on April 08, 2002 at 13:28:00 PT:
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| I have a large collection of drug books, grow guides, magazines, etc. Why? Because I need them to be educated on the subjects. It is not because I grow cannabis, or make other drugs. This type of assumed innuendo by law enforcement is contrary to American principles espoused by the Founding Fathers. What kind of country do we really wish to have? [ Post Comment ] |
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