A Michigan man came forward this week with his story of police abuse, and unfortunately, it sounds all too familiar.

According to Rudy Simpson, police raided his home for marijuana based on an anonymous tip and a marijuana stem supposedly found in his garbage. The police found a quarter ounce of marijuana, 12 alleged marijuana seeds, and half of a pill for which Simpson produced a prescription.

Apparently, this was all the justification the police needed to confiscate three pages worth of Simpson’s personal property under Michigan’s asset forfeiture laws, including musical equipment, televisions, DVDs, computers, and other electronics. State law allows authorities to confiscate any materials paid for with profits from drug sales, based only on probable cause. No evidence was ever produced to link Simpson to any marijuana sales, yet his property was seized anyway. According to Simpson, the officers acted like “thugs,” eating food out of his refrigerator and trashing his home during the raid.

Unfortunately for the cops, they raided the home during a band rehearsal, and were unaware that the entire incident was being recorded. This included the police testing their vocal skills on the mic, then openly talking about which of Simpson’s belongings they and their team leader wanted to take! (Follow the first link of this post to listen.)

It turns out this particular unit made quite a bit of money by confiscating big-ticket items during routine, low-level drug busts, either keeping the items or reselling them illegally. The head of the unit, Luke Davis, is currently under indictment for corruption.

This is just another sad example of one of the more insane aspects of the war on marijuana users. Thousands of people have had their homes and belongings stolen by law enforcement, without due process, never to be returned. Some of these people were never even officially charged with a crime or were found not guilty of the charges, but in most cases, the police still sold the property and kept the proceeds!

We live in a great nation. We also live in a nation where the people who are supposed to protect you can kick your door down, terrorize your family, shoot your dog, and take your land and property — all because they think you have some plant matter that is safer to use than alcohol. And there isn’t much you can do about it.

This is why all Americans need to support ending marijuana prohibition: It is simply un-American.

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UPDATED: Shocking. That’s the only word that comes to mind when seeing the video of Todd Blair, 45, gunned down by armed police storming his home on a no-knock raid in Utah last September. Blair, no doubt surprised by the sound of yelling and having his door kicked in, emerges from an interior doorway holding a golf club over his head. Before Blair can react, Sgt. Troy Burnett shoots him three times and Blair slumps to the floor dead.

No “drop the weapon,” no “get down on the ground,” just bang!, bang!, bang! It’s a chilling scene that’s over before it started, and all the police found was a small amount of marijuana and an empty vial alleged to have contained other drugs.

This type of raid won’t come as a surprise to regular readers of our blog, of course. We see these stories all the time because they’re playing out every day in this country at an alarming rate. Lives are ruined and lost, and for what? A few grams of marijuana? It’s just another—albiet outrageous—example of how prohibition has failed as a policy at every conceivable turn. If videos like this aren’t a sure sign that it’s time to end marijuana prohibition and adopt sensible polices like taxation and regulation, then I’m not sure what is. (originally written by John Berry, with updates by Dusty Trice)

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In the latest development in the quest for justice in Columbia, Missouri, Jonathan Whitworth and family are suing the officers responsible for a botched February SWAT raid that endangered their lives and resulted in the death of one of their dogs.

[Read more →]

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Earlier this week, Oakland County authorities raided two medical marijuana businesses and several private homes, arresting 15 people and confiscating what was allegedly $750,000 worth of marijuana and equipment. One of the facilities raided, Clinical Relief, is located in Ferndale, Michigan where the City Council voted just two days earlier to lift a moratorium on such businesses.

Now comes news that one of the individuals whose home was raided, 67-year-old Sal Agro, has died of an apparent heart attack. Agro, who recently had hip replacement surgery, and his two sons ran the Clinical Relief facility in Ferndale prior to this week’s raid. Here’s video of Agro recounting the actions of the officers who carried out the raids. According to Agro, the masked officers destroyed portions of his home, pointed a shotgun at his daughter-in-law, and confiscated 20 marijuana plants (he and his wife are each registered patients; under Michigan law, registered patients may possess up to 12 plants each for medical use). Despite all this, Agro claims he was never placed under arrest and was denied any opportunity to view the search warrant until after the raid.

It’s obviously too early to say whether the raid contributed to Agro’s death (though the stress of the raid and arrest of his wife and two children couldn’t have helped), but in addition to concerns over how such raids are carried out is the question of why? Michigan voters spoke clearly when 63% – and a majority in every county – approved a medical marijuana ballot initiative in 2008. Also, on election day 2008, Ferndale voters approved a local ordinance that would allow medical marijuana dispensing. And as I mentioned earlier, the Ferndale City Council had lifted its moratorium on businesses like Clinical Relief’s. Sheriff Bouchard may have hinted at his long-term goals when he opened a press conference to discuss the raids by saying he and prosecutor Jessica Cooper would use the time to “talk about what we think the legislature needs to do.”

One final wrinkle to the story is whether judges have the ability to deny patients access to physician-recommended medicine during the pendency of their trials. Of those arrested earlier this week, some were arraigned in the 51^st District where they were denied access to medical marijuana by Judge Richard Kuhn, who likened the situation to drunk driving suspects who are not allowed to drink while on bond. Others were arraigned in the nearby 43^rd district where Judge Joseph Longo took no action to deny access to medical marijuana. “They have every right to use whatever medications” their physicians prescribe, Longo told the Detroit Free Press.

I often wonder, would a judge deny access to much more dangerous medications like opioid painkillers to those with prescriptions from their doctors?

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Four years after 92-year-old Kathryn Johnston was shot and killed by Atlanta narcotics officers who falsified evidence before and after a completely unwarranted raid on her home, the city of Atlanta has announced it will pay a $4.9 million settlement to her family. 

In November 2006, officers conducted a “no knock” raid on Johnston’s home based on bogus information from an informant who said he had purchased drugs there. (After the raid, the informant told a local news station that he had never even been to Johnston’s home, and that police asked him to fabricate the story after the shooting.)

Johnston, who lived alone, apparently mistook the plainclothes officers for intruders and, according to the prosecutor trying the officers, fired one shot through the door and hit nothing. The police responded, firing 39 shots, killing Johnston and apparently wounding three of their own.

Investigators did not find any evidence that drugs were being sold in the apartment. In an apparent attempt to fabricate a cover story, one of the officers, J.R. Smith, planted three bags of marijuana in the home, according to Assistant U.S. Attorney Yonette Sam-Buchanan.

The raid made national headlines, and the three officers involved eventually plead guilty to federal charges including conspiracy, voluntary manslaughter and making false statements. They are currently serving sentences in federal prison.

“The resolution of this case is an important step in the healing process for the city and its residents,” Atlanta’s mayor, Kasim Reed said in a statement yesterday. “As a result of the incident, several police officers were indicted in federal and state court on charges and were later convicted and sentenced for their actions. In addition, the narcotics unit of the Atlanta Police Department was completely reorganized, which included changes in policy and personnel.”

Unfortunately, raids like the one on Kathryn Johnston’s home continue to occur every day in places all over the country. Some compensation for Johnston’s family is a good start to repairing the damage, but a much more appropriate legacy for this highly-publicized tragedy would be for officials nationwide to realize that in a free society, armed officers shouldn’t be sent on missions to break down doors and potentially use violence in order to enforce nonviolent drug offenses.

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