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Sirens & Gavels

Posts tagged: Brice Davis

Judge won’t reverse medical pot rulng

A judge has refused to reverse a decision about a marijuana search that local law enforcement says could hinder their ability to investigate pot cases.

U.S. District Judge Frem Nielsen said Monday that his decision to prohibit prosecutors from using marijuana plants and other evidence seized during a sheriff's search of a northeast Spokane County home last November stands.

Spokane lawyer Richard Wall, who represents one of five men indicted by a federal grand jury on marijuana charges, had written a motion asking Nielsen to suppress the evidence because police did not consider the Washington Legislature's overhaul of medical marijuana laws when they obtained a search warrant for the home.

“In this case they simply just did what they'd always done,” Wall said.

The Legislature had rewritten the law to state that using, growing or distributing marijuana in compliance with medical marijuana laws was not crime. Before July, it had been an affirmative defense - law enforcement could arrest users and make them prove their case in court.

The request from the U.S. Attorney's Office to reconsider the decision reiterated their previous argument that legislators did not intend to change the law when they rewrote it.

“The Court concurs with the Government that “it is axiomatic that plain language is to be given plain meaning and enforced accordingly,”” Nielsen wrote.  “Reading “use” to exclude possession, delivery, or manufacture would be in contravention to the entirety of the statute. It is impossible to imagine a scenario where a person could use without possessing. 

Further, the statute clearly indicates exactly how much a person can manufacture under the statute, so clearly the drafters anticipated that manufacture, under specific circumstances described by the statute, also is not a crime. Additionally, the statute permits a person to manufacture the medical marijuana for another, thus the statute addresses delivery of medical marijuana.”

A drug detective said the case could prohibit them from investigating suspected marijuana grows because it's difficult to establish whether someone's obeying medical marijuana laws.

Past coverage:

Feb. 14: Grand jury indicts men in marijuana grow

Nov. 21: 'Judge Judy' to feature Spokane pot defendant

Ruling puts marijuana searches in limbo

A recent court ruling that deemed a drug raid illegal has raised questions about how law enforcement in Spokane County investigate marijuana growers.

Sheriff’s detectives had reason to believe marijuana was being grown at a northeast Spokane County home when they raided it Nov. 2, but they didn’t have reason to believe the growers were violating the state’s medical marijuana law – or at least they didn’t say they did when they got authorization from a local judge to search the home.

A federal judge ruled the search violated Washington’s recently expanded law governing medicinal marijuana and last week prohibited prosecutors from using marijuana plants and other items seized at the large grow house.

Now a federal grand jury indictment against five young men, two of whom have previous drug convictions, is in limbo, and drug detectives in Spokane are wondering how they’ll continue investigating marijuana growers.

Read the rest of my story here.

Past coverage:

Feb. 14: Grand jury indictments men in marijuana grow

Nov. 21: 'Judge Judy' to feature Spokane pot defendant

Grand jury indicts men in marijuana grow

Eight pounds of marijuana and more than 1000 plants seized from a Spokane County home in November has led to federal charges against six suspects. 

A grand jury this month indicted Jerad J. Kynaston, 23 (pictured left), Samuel M. Doyle, 25 (pictured right); Brice C. Davis, Jayde D. Evans, 24; Tyler S. McKinley, 27; and Peter M. Magana, 23, on marijuana manufacturing charges for plants found Nov. 2 during a search at 11900 N. Judkins Road.

Along with eight pounds of pot, Spokane County sheriff's detectives found 695 marijuana plants and 500 plants that had recently been harvested.

Each plant is generally capable of yielding one-half to one-pound of marijuana, leading investigators to value the seized pot and plants between $1.2 million and $2.4 million.

 “Numerous medical marijuana provider forms were located at the residence,” Sgt. Dave Reagan said in a new release at the time. “One of the patients had previously contacted the Sheriff's Office and complained that he had contracted with an individual associated with the Judkins Road address for his medical marijuana supply, but that this individual was selling the marijuana to other people rather than supplying the patient. The Washington state medical marijuana law has recently been amended to allow up to ten individuals to form a co-op and grow up to 45 marijuana plants. ”

Detectives searched Doyle's home in the 10900 block of East 7th Avenue in Spokane Valley on Nov. 16.

All suspects except Davis pleaded not guilty to the charges last week in U.S. District Court and remain in the Spokane County Jail without bail.

Each charge carries 5 to 40 years in prison unless the defendant has a previous felony drug conviction, in which case the minimum sentence is 10 years.

Kynaston was convicted in Spokane County in 2009 for being in possession of five pounds of marijuana. He also was convicted in Sherman County, Oregon in 2010 for being in possession of more than 10 pounds of marijuana. Doyle is on probation for possessing 10 pounds of marijuana in Oregon.

Past coverage:

Nov. 21: 'Judge Judy' to feature Spokane pot defendant

Detectives seize 8 lbs of pot, 1,000 plants

Eight pounds of marijuana and more than a 1,000 plants were seized from a home in Spokane County last week.

Jerad J. Kynaston, (pictured) Corey E. Mobley, Brice C. Davis, Jayde D. Evans and Peter M. Magana were arrested during the search Nov. 2 at 11900 N. Judkins Road.

In addition to drug charges, Kynaston faces a felon in possession of a firearm charge for a loaded Glock pistol found at the home. Kynaston has previous felony marijuana convictions that prohibit him from possessing firearms.

Spokane County sheriff's detectives found 695 marijuana plants and 500 plants that had recently been harvested. Each plant is generally capable of yielding one-half to one-pound of marijuana, leading investigators to value the seized pot and plants between $1.2 million and $2.4 million.

“Numerous medical marijuana provider forms were located at the residence,” Sgt. Dave Reagan said in a new release. “One of the patients had previously contacted the Sheriff's Office and complained that he had contracted with an individual associated with the Judkins Road address for his medical marijuana supply, but that this individual was selling the marijuana to other people rather than supplying the patient. The Washington state medical marijuana law has recently been amended to allow up to ten individuals to form a co-op and grow up to 45 marijuana plants. ”

Detectives also seized a 2006 Ford F250 pick-up, several thousand dollars worth of new furniture, 35 pairs of new Nike shoes and three new, large flat-screen TV's as well as other home entertainment items from the residence.

The investigation is continuing and further charges are expected, Reagan said.

Kynaston, 23, was convicted in Spokane County in 2009 for being in possession of five pounds of marijuana. He also was convicted in Sherman County, Oregon in 2010 for being in possession of more than 10 pounds of marijuana.

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