[KUBBY HOME PAGE] [AMERICAN MEDICAL MARIJUANA ASSOCIATION] [PROP. 215]

Protecting Yourself Against 
Overzealous Law Enforcement 
by Mark Greer

It saddens me to write this article. It is a profound example of how far our country has slipped away form our precious Bill of Rights and Constitutional liberties in our insane attempts to preclude drugs from even those who desperately need them for medicinal purposes and are legally entitled to them.

I recently had the privilege of reviewing the actual text of the search warrant that lead to the arrest of high profile California medical marijuana patients Steve and Michele Kubby. Kubby was the Libertarian candidate for governor of California in the recent election. I found this to be a fascinating read and I gained a good deal of insight into the thinking of the Sheriff's department and narcotics officers from this document. This warrant is public record and can be obtained and read by any interested party.

I learned a number of interesting and possibly useful facts from reviewing this document. One was that it appears that "No Trespassing" signs in and around your house can dissuade nosey investigators from being where they are not welcome. The warrant mentioned twice that because there were no such signs the investigators considered it all right to spy through windows and even into bedrooms.

It was also interesting that this entire investigation resulted from an anonymous letter. The author made wild and inaccurate claims and to this day the author is unknown by the investigators. I would be very interested to know if a similar, obviously very expensive, investigation would ensue if an anonymous letter were received claiming that say Dan Lungren was raising marijuana and providing it to children.

During the investigation the defendants trash was routinely intercepted and meticulously examined. I believe that a supreme court ruling allows this (even though it's a blatant violation of ones assumption of a right to privacy). The value of pointing this out is to assure that those involved in drug policy issues consider taking precautions such as shredding sensitive documents and insuring that any contraband be disposed of in other ways. If you think it can't happen to you then you are fair game for those who have a fairly loose affiliation with the Constitution and personal rights and freedoms.

Of course the best protection is to refrain from being involved with illegal substances in any way and those of us who choose to remain "squeaky clean" probably have less risk of invasion. In these days of ever worsening erosion of personal freedoms and the Bill of Rights, however, no one can consider themselves completely immune from overzealous law enforcement agencies who have in essence been put on "commission" due to asset forfeiture laws.

The Kubby's electrical bills were obtained, apparently without a warrant, and electrical usage comparisons were done on surrounding houses of similar size. This is a common tactic for discovering indoor grow operations.

All cash in the home was confiscated. It didn't amount to much but this could have a negative impact on anyone (particularly those in low income households) and we should all be aware that such confiscated cash is difficult to redeem and often is kept by the agency that finds it. Whether or not it is "drug money" is of little consequence. In this case the money is guilty unless proven innocent.

The final point of interest was that, upon service of the warrant and subsequent invasion of the defendants home, a number of items were confiscated from the defendants that were clearly not covered by the search warrant. Items like printers, cameras and scanners contain no data and could not possibly provide information to the investigating officers. This raises two points that may have value to others. First would this confiscation render the warrant and any evidence obtained invalid? Second the discovery process for this case should force the officers to explain why these items were confiscated if not to specifically hamper the defendants ability to communicate. A final point that should be obvious is that off site back up for your data is a good precaution and some might even consider "poison pill" software (nukes your data with a single command) or encryption of the hard rive to be prudent.

To sum up, anyone who is interested in protecting themselves to the extent possible should consider the following:

Place numerous "No Trespassing" Signs around your property Be aware of what your trash contains. It could fall into the hands of others. Take steps to guard your computer and data against confiscation. All cash should be very well hidden as it will likely be confiscated by investigators

KNOW YOUR RIGHTS! Visit
http://www.aclu.org/issues/criminal/bustcardtext.html
http://www.norml.org/legal/rights.shtml
http://www.ccon.com/lettalaw/arrested.htm

These sites help insure that you know your rights, are prepared for any eventuality and to lower your risk of being investigated or indicted and to improve your chances should the worst happen and you are arrested.
 
 

Mark Greer
Executive Director
DrugSense
MGreer@mapinc.org

DrugSense is working to encourage accuracy, honesty, and common sense
in matters involving the failed, expensive, and destructive "War on Drugs."
 

Steve Kubby Update: California Libertarian's med-pot trial continues. (16, march 2000)
Steve Kubby trial starts in March: California Libertarian battles for med-pot. (27, feb 2000)
Kubby faces new obstacles: (20 dec, 1999)
Kubbys Face New Obstacles: (26 oct, 1999)
Kubby's trial continues: (25 oct, 1999)
 
 

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