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elcharrosays
Stranger



Registered: 08/25/07
Posts: 1,503
Loc: south east
Last seen: 13 years, 5 months
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Judge rules couple should get their marijuana back
#7688215 - 11/27/07 09:04 PM (16 years, 2 months ago) |
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Judge rules couple should get their marijuana back
"FORT COLLINS - A couple arrested last summer after police found marijuana in their home will get their property back, a judge ruled Monday afternoon.
"I'm very satisfied," said James Masters, who looked a bit dazed following the decision. "I don't even know where to begin."
On August 2, 2006, the Larimer County Drug Task Force removed 39 plants from the home of James and Lisa Masters. The plants were seen while officers accompanied child welfare workers to the home.
The couple told police the marijuana was medicinal and was grown for their use as well as the use of other patients for whom they acted as caregivers.
The criminal charges were dropped in June after Chief District Court Judge James Hiatt concluded the affidavit for a search warrant was drafted based on an illegal search.
Defense attorney Brian Vicente argued Monday that he'd presented "real, tangible and significant evidence" that the couple was committed to the well-being of their patients and that they were caregivers for their clients, even if they hadn't been formally designated as such.
Hiatt agreed, ruling that the couple was entitled to get back their property, including the seized plants.
"It's pretty clear to this court he (James Masters) took this role (as caregiver) very seriously," Hiatt said.
Prosecutor Michael Pierson had argued that providing medical marijuana and the occasional ride to a doctor's appointment did not constitute being a primary caregiver.
Pierson also argued the property – which he called contraband – should not be returned because the Masters had not followed the provisions of the amendment by not having medical marijuana certificates and not being designated as caregivers on their patients' certificates.
This could have been a fatal flaw had the hearing been part of a criminal proceeding, but was not in the request for return of property, Hiatt said.
Pierson did not comment after the hearing.
The case is not yet over.
The couple will likely retrieve their property – paraphernalia and growing equipment – later this week, but the fate of the plants is not yet known for sure.
Neither Vicente nor Pierson knew definitively where the plants are or if they had been destroyed.
Lt. Craig Dodd, who heads the drug task force, was not in the office Monday but has previously said they do not have the resources or space to maintain marijuana plants seized in potential medical marijuana cases.
If the plants have been destroyed, Vicente said they'll seek financial compensation for the plants, which could be in excess of $100,000. "
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Chi Ro
Jive Ass Turkey


Registered: 09/22/07
Posts: 211
Loc: Right hurr!
Last seen: 12 years, 5 months
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Re: Judge rules couple should get their marijuana back [Re: elcharrosays]
#7688430 - 11/27/07 09:56 PM (16 years, 2 months ago) |
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Fucking righteous!
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nk pakelika
Visual assassin



Registered: 04/02/07
Posts: 308
Loc: the mirror
Last seen: 15 years, 20 days
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Re: Judge rules couple should get their marijuana back [Re: Chi Ro]
#7688549 - 11/27/07 10:29 PM (16 years, 2 months ago) |
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thats awesome. only if the dispensaries that always get raided in Cali could go too court and get there shit back.fuck if marijuana were legal they could have used the time it took them too hear that case too try a rapist or murderer....
-------------------- when i get up i wake-n-bake, take a pis and shake, my clock stops at 420 what you want me too say.
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andrewss
precariously aggrandized


Registered: 08/17/07
Posts: 8,725
Loc: ohio
Last seen: 1 month, 13 days
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Re: Judge rules couple should get their marijuana back [Re: nk pakelika]
#7688839 - 11/27/07 11:43 PM (16 years, 2 months ago) |
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Nice
-------------------- Jesus loves you.
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TheJakeyl88
RememberInfinity.


Registered: 01/16/04
Posts: 222
Last seen: 15 years, 7 months
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Re: Judge rules couple should get their marijuana back [Re: andrewss]
#7689163 - 11/28/07 03:28 AM (16 years, 2 months ago) |
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Damn, well if MJ was legal the Government and CIA would have less money, less power, and that will never, ever, ever, ever happen.
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John0809
Sporehut King


Registered: 01/28/06
Posts: 183
Last seen: 16 years, 18 days
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Re: Judge rules couple should get their marijuana back [Re: TheJakeyl88]
#7689527 - 11/28/07 08:50 AM (16 years, 2 months ago) |
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so will the plants be budding or does someone help in the upkeep while there in COurt posession?
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shroomgatherer
Connoisseur of the finer things


Registered: 11/08/07
Posts: 1,731
Loc: Florida
Last seen: 2 months, 9 days
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Re: Judge rules couple should get their marijuana back [Re: John0809]
#7690789 - 11/28/07 02:15 PM (16 years, 2 months ago) |
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If the plants have been destroyed, Vicente said they'll seek financial compensation for the plants, which could be in excess of $100,000. "
~now that would be the real clincher !!!
-------------------- "Let us declare nature to be legitimate. All plants should be declared legal, and all animals for that matter. The notion of illegal plants and animals is obnoxious and ridiculous."
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elbisivni
Registered: 10/01/06
Posts: 2,839
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Re: Judge rules couple should get their marijuana back [Re: elcharrosays]
#7690837 - 11/28/07 02:26 PM (16 years, 2 months ago) |
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One more for the good-guys
-------------------- From dust you are made and to dust you shall return.
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veggie

Registered: 07/25/04
Posts: 17,504
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Re: Judge rules couple should get their marijuana back [Re: elcharrosays]
#7711809 - 12/03/07 04:49 PM (16 years, 1 month ago) |
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Fort Collins police return marijuana plants — but they're dead December 3, 2007 - dailycamera.com
FORT COLLINS (AP) — A Fort Collins couple who once faced drug charges after police seized their medical marijuana plants say they may sue authorities because the plants were returned to them dead.
Attorney Brian Vicente says police seized 39 live plants in August 2006 from his clients, Jim and Lisa Masters.
Drug charges against the Masters were dropped in June. The couple say they are medical marijuana patients and were also providing marijuana to several patients who were licensed to get it.
Their plants were returned Monday.
Police spokeswoman Rita Davis says the department had no responsibility to care for the plants because the couple did not have documentation to show the plants were legal.
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elbisivni
Registered: 10/01/06
Posts: 2,839
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Re: Judge rules couple should get their marijuana back [Re: veggie]
#7714893 - 12/04/07 11:16 AM (16 years, 1 month ago) |
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They should have the soil investigated in a lab, I bet they'd find traces of battery acid, cyanide or something
-------------------- From dust you are made and to dust you shall return.
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