By Seth Richardson
As if the debacle over bare breasts in bars weren’t enough proof that the Colorado Springs Police Department isn’t allocating public resources very well, now we have the example of Robert J. Corry, Jr. and his 8 ounces of medicinal marijuana.
Embarrassed and humiliated vice cops handed over Corry’s mason jars full of pot last Tuesday, after a judge ordered the return subsequent to the dropping of the narcotics case by the District Attorney.
Corry was arrested in December of 2008 after a traffic stop, and in spite of showing the cops his paperwork that makes it legal for him to possess pot under the 2000 state constitutional amendment permitting caregivers to possess small amounts of marijuana for legitimate medicinal purposes.
According to Corry, vice cops scoffed at his paperwork and at the law too, which resulted in Corry facing felony charges that hung over him until they were dismissed on October 5th.
The issue here is whether police had probable cause to arrest him in the first place. There seems to be some dispute over whether his paperwork was correct, but given the fact that the case was dismissed before trial, it’s pretty easy to conclude that Corry is the credible witness here, and that the vice cops are just covering their…dopey behavior.
It also appears that the seized marijuana was a little bit light upon return, some 40 grams. This “shrinkage” is attributed to sending some of the pot to a lab for testing. This should be pretty easy for the police to prove, since they are supposed to keep a detailed chain of custody. It’s probably a good idea to examine that chain to make sure there aren’t any missing links in it. And the police should pony up the per-gram value of the private property they seized in any event.
The blatant disregard for the law demonstrated by the Metro Vice, Narcotics and Intelligence Unit is just one more example of a police department that’s not allocating resources wisely, not to mention its inadequate supervision and negligent training.
Metro Vice needs some immediate classroom time and testing on the Constitution of the United States and the Colorado Constitution, with an emphasis on the requirements of police fidelity to both. If the Chief of Police isn’t willing to mandate such training and improve supervision, perhaps a federal court will do so pursuant to a federal civil rights violation complaint, which Mr. Corry really ought to consider.
For better or for worse, whether cops like it or not, the Colorado Constitution makes it legal for certified caregivers and patients to possess small amounts of medicinal marijuana. If the Colorado Springs Metro Vice, Narcotics and Intelligence Unit officers, or any other sworn officer in the department has a problem with being obedient to the will of the People, then they need to resign and take up another line of work.
For any police officer to deliberately and intentionally disobey the law and unlawfully arrest someone is utterly intolerable to a free society.
Here’s a bit of advice for the Metro Vice squad: A society will have precisely as much crime as it’s willing to tolerate, and it’s not your job to exceed your legal authority or violate your oath of office just because you think you know better than the People do what is best for them. Your duty is to protect and serve them within the express authority you have been granted by them, not try to rule them by abusing that authority.
Seth,
This is a long standing state of abuse by CSPD. Please note that preachers confessing to drug use with male prostitutes are not charged. CPSD has long harassed local topless establishments, those in the city, at least. Plus, going looking for smokers in bars is another waste of tax dollars.
The morning after the 2C vote, CSPD had two motorcycle cops on I-25 after Woodman – ready to punish as many voters as possible for their votes. We don’t care about speeders on freeways, we are about red light runners.
Also, historically, we’ve see CSPD gas thousands of people in peaceful protest just to get at about 12 hard core Block Block protesters. I have personally seen a CSPD officer gas a suspect strapped into a police cruiser in hand cuffs for yelling too much.
We’d be a lot better off hiring a private firm to do our law enforcement – at least then we’d be treated like customers.
The abuse of power by CSPD had been on-going and pervasive since I’ve lived in in 1983. The citizens are the enemy, they are the “thin blue line”. Most of us don’t need them, now that a larger number of us are armed.
The lie of the drug war needs to be buried and ignored.
Ralph
Medical Marajuana for the most part is BS. Most are not medical issues and it’s a joke getting a doctors note. “I have a migrane” “need some dope to make it better”. (yes fake quotes)
So just legalize the whole thing and lets get police out arresting dangerous people.
What, not where you thought I was going with this?
Hey everyone I’ve ever known who’s smoke any significant amount of weed for any serious length of time were losers. But hey the world needs losers too… its their choice.
Limited government = more freedom
Jason:
First, according to the reports, the bud was in mason jars, so it’s doubtful there was a significant odor. Second, he has a right to transport it because he is a medical marijuana PROVIDER, which means he has to transport it to his customers. Third, even if the car reeked of pot, so long as he has the proper paperwork proving he’s a licensed provider, the police have no legal authority to arrest him or seize the marijuana.
This is a waste of time.
Just because he had legal marijuana, there is NO need to have it in his car or even to have smelled so strongly his car was searched.
He was an idiot for doing that.. The police did their job and arrested a danger to society. We do not need that stuff on our roads, keep it at home.
Thanks for this analysis, Seth. Where can we find a news story about Tuesday’s events?
The Gazette, Wednesday, October 14th, Page A4.
Here’s the on-line link. The story appeared on line on the 13th.
http://www.gazette.com/articles/marijuana-63751-confiscated-grower.html