The Costa Mesa Police Department (CMPD) is
trying to pull a fast one after a lawsuit was filed against it for the illegal raid of a medical cannabis dispensary. Knowing they have little chance in state court to defend their actions, which were caught on hidden cameras, the CMPD is attempting to move the case to federal court because cannabis is prohibited under federal law.
In January, cops busted into the Costa Mesa Collective in militaristic fashion, pointing guns at customers and telling them to get on the ground.
They immediately began removing surveillance equipment, but didn't know about the four hidden cameras which caught them damaging store property, interrogating customers and seizing cannabis, money, confidential patient records and other property.
These seizures were done with no legal justification, as police Chief Robert Sharpnack said they had obtained an inspection warrant, "which is used to enter a premises to investigate whether it is complying with building, fire, zoning and civil codes."
According to the
Orange County Register:
"If a business refuses access, a city can obtain an inspection warrant and seek a judge's permission to make forcible entry, but investigators can't seize evidence for a criminal case, said Jen McGrath, another attorney representing Costa Mesa Collective."
But there's more.
The OC Register has not been able to find any type of warrant for the operation, and Chief Sharpnack has refused to provide a copy of the supposed warrant used to carry out the raid.
Even if such an inspection warrant exists, it does not allow for the seizure of cash, assets and medical records that was recorded by the hidden cameras.
Cops involved in the raid, believing they had removed all video recorders in the store, proceeded to violate the law and the constitutional rights of people inside the store.
Comment: Other possible explanations and similar incidents: