cannabisnews.com: Misdemeanor Charge: Pot May Cost Homeowner





Misdemeanor Charge: Pot May Cost Homeowner
Posted by CN Staff on September 15, 2005 at 08:40:06 PT
By Glenn Puit, Review-Journal 
Source: Las Vegas Review-Journal
Nevada -- A Boulder City woman who pleaded no contest to possession of six marijuana plants could lose her house over the case. Officials in the small town, which prides itself on being the only community in the state that doesn't allow gambling, said their move to seize Cynthia Warren's home is intended to send a message that drugs won't be tolerated in Boulder City.
"In the drug world, this thing is probably nothing," said City Attorney Dave Olsen. "But in a town of 15,000 people where we have one or two children die every year because of controlled substances, it is a big deal to us." Olsen, who pleaded no contest to a misdemeanor drunken driving charge in 2004, further defended the attempt to take Warren's residence using drug seizure laws, saying police suspected the home was being used for drug dealing. However, the American Civil Liberties Union of Nevada said the attempted seizure is disturbing. "The police ... get to eat what they kill," said Allen Lichtenstein, an ACLU attorney. "They have an incentive to fund themselves through these seizures, and it can be very disproportionate (to the crime). A misdemeanor, yet a fine that takes away the entire property?" Warren wouldn't comment, but her attorney, John Lusk, said, "I think in this particular case, whatever the allegations are, they (Boulder City authorities) have overstepped their discretion." According to Olsen and court records, police served a search warrant at Warren's home in the 700 block of Capri Drive in April amid suspicions marijuana was being manufactured and sold. According to a search warrant signed by Boulder City Justice of the Peace Victor Miller, police expected to find marijuana plants, methamphetamine, prescriptions for dangerous drugs, paraphernalia, items used for growing and harvesting marijuana, items associated with the sale of drugs, and records of narcotics transactions. "They found all of that," Olsen said. Olsen acknowledged that methamphetamine found in the residence actually was methamphetamine residue, however, and that it was believed to belong to a roommate of Warren. Warren was not charged with possession of methamphetamine. She was charged in Justice Court with two felonies, including manufacturing a controlled substance, and conspiracy to sell and possession of a controlled substance. In a plea agreement, Warren entered a no contest plea to a misdemeanor charge of possession of a controlled substance not to be introduced into interstate commerce, a misdemeanor. A no contest plea does not require an admission of guilt, but acknowledges that the case would likely be proven at trial. The courts treat a no contest plea as a guilty plea. Lusk described his client as a 55-year-old woman who has been on Social Security disability since 1990. After the plea was entered, Olsen filed a civil action in District Court seeking a judge's permission to seize Warren's home. The 2,000-square-foot house has an assessed taxable value of more than $288,000, according to Clark County records. Lusk said he believes Warren has more than $300,000 in equity in the home. The house sticks out among the row of well-kept homes lining the winding Boulder City street. Weeds poked through rocks in the front yard, the stucco was peeling, and a wooden board covered the front window, which was broken when police raided the home. According to court records, an entity known as the Georgia R. Haynes living trust also has a claim to the property. The trust, represented by local attorney Richard Wright, stated in court filings that it sold the Capri property to Warren in 1997. An agreement was executed in which $82,500 was loaned to Warren via a note secured by a deed of trust for the property. Wright did not return a telephone call seeking comment for this story. Olsen said the seizure of property in a case like Warren's is warranted, given the evidence. "Personally, I think it is something that should only be done in those cases where there is clear and convincing evidence the (drugs in the) house is being used for something more than personal use," Olsen said. A Boulder City police lieutenant did not return a telephone call seeking comment for this story. Warren's case is not the first time an attempt to seize property in a drug case has come under scrutiny in Boulder City. In February 2000, the Review-Journal reported on attempts by Boulder City officials to confiscate a house belonging to Ila Clements-Davey. The house, on Avenue L, was the subject of a seizure attempt after Clements-Davey's son was arrested on drug charges at the residence. Clements-Davey owned the house but didn't live there at the time of the arrest. A District Court judge rejected the city's bid to take the home. Lusk said the city was also ordered to pay Clements-Davey's attorney fees in that case, which predates Olsen's hiring. Veteran Las Vegas attorney Charles Kelly, a former federal prosecutor, said generally speaking state and federal law allows law enforcement agencies to confiscate property or money deemed "proceeds, product or instrumentality of a crime." He said the practice is becoming more common. "It's just another tool law enforcement attempts to use to fight crime," Kelly said. "There's the old saying, 'Follow the money.' It should really be, 'Seize the money.' What you seize, you get. "If (a criminal suspect) makes a million in drug money and plows it into a legitimate business, you can trace the proceeds through there; and once illegal proceeds are commingled with legal proceeds, it contaminates everything," Kelly said. In a 2000 investigation, the Kansas City Star newspaper uncovered multiple abuses of seizure laws nationwide. Specifically, the newspaper found that state and local law enforcement in several states circumvented their own state laws regarding confiscation of property. They did so by taking their seizure cases through the federal system. In one case the Kansas City newspaper documented, a North Carolina State Highway Patrol trooper stopped a driver in 1999 for tailgating. A police dog signaled drugs were in the vehicle, and troopers recovered $105,700 and two grams of marijuana. The driver denied owning either the drugs or the money. The highway patrol gave the money to federal authorities, which returned more than $80,000 to the state patrol, even though North Carolina law generally requires sending seized money to education, according to the newspaper. District Judge Michael Cherry is scheduled to decide whether Warren's home can be given to the city. Note: Boulder City takes steps to seize house after woman admits possessing six marijuana plants.Review-Journal writer Brian Haynes contributed to this story.Source: Las Vegas Review-Journal (NV)Author: Glenn Puit, Review-Journal Published: Thursday, September 15, 2005Copyright: 2005 Las Vegas Review-JournalContact: letters lvrj.comWebsite: http://www.lvrj.com/Related Articles & Web Sites:ACLUhttp://www.aclu.org/FEARhttp://www.fear.org/Prosecutors Seek To Uphold Property Seizure Lawhttp://cannabisnews.com/news/thread18568.shtmlSeizure of House Protestedhttp://cannabisnews.com/news/thread17136.shtml
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Comment #7 posted by runruff on September 16, 2005 at 09:21:07 PT:
Bogus!
SEE! Always the," kid card".
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Comment #6 posted by runderwo on September 15, 2005 at 21:55:38 PT
please
point out the children that have died from using cannabis.
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Comment #5 posted by mayan on September 15, 2005 at 17:39:28 PT
DUI vs. Cultivation
Olsen, who pleaded no contest to a misdemeanor drunken driving charge in 2004, further defended the attempt to take Warren's residence using drug seizure laws, saying police suspected the home was being used for drug dealing.Who is a greater threat to society? The drunk driver or the cultivator of a few plants which have never killed anyone throughout human history? Did Olson's house get seized when he got his DUI? No. In fact, he even kept his job as City Attorney. Some message!Since the residents of Boulder City are the only folks in Nevada who can't gamble they probably make frequent trips to the next town and spend their money there. Stealing private property is probably how Boulder City will compensate for that lost revenue!"In the drug world, this thing is probably nothing," said City Attorney Dave Olsen. "But in a town of 15,000 people where we have one or two children die every year because of controlled substances, it is a big deal to us."If children die every year, those substances aren't very "controlled", are they? 
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Comment #4 posted by Hope on September 15, 2005 at 13:45:30 PT
"The message"
That's the same "message" I got, too, Cloud7.It occurred to me the other day another reason why I hate that term "sending a message" so much.The Mafia and cruel criminal gangs like to "send messages", by their actions, about their power to control others. Their "messages" aren't about informing or educating at all. Their so called "messages", are about instilling fear and controlling others through that fear.Our "authorities" are styling themselves to be just like the thieves and killers that operate under other banners of power.I know society has to have some rules to keep from stepping on each other's toes...but the rules need to be reasonable. Messages about how unreasonable and cruel you can be aren't good "messages" to be sending out.Taking a woman's home, especially a disabled woman, for growing plants, any plants, sends the message that you are some kind of amoral lunatic who can't tell right from wrong.
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Comment #3 posted by cloud7 on September 15, 2005 at 09:53:48 PT
...
"their move to seize Cynthia Warren's home is intended to send a message that drugs won't be tolerated in Boulder City."Funny, the message they sent to me is that this local government is a pack of immoral thieves.
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Comment #2 posted by FoM on September 15, 2005 at 09:16:10 PT
Weeds
EJ I'm glad you got Weeds. It is very good. This weeks episode was serious. Not much humor but it will have a purpose if the series continues to run true to form. Poor Nancy and I feel the same way as you about my husband.
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Comment #1 posted by E_Johnson on September 15, 2005 at 08:53:57 PT
Will they do this to Nancy eventually?
I wonder if Jenji Kohan ever scans this site for things to use in Weeds. I wonder if she's going to have Nancy get caught and be ground up by the system.I finally got Showtime, so I can watch Weeds.The last episode made me cry at the end. Poor Nancy. I love my husband. It's horrible to lose a spouse. I'm getting to the age where I appreciate every single day with my man.
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