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US NY: Dismissing Pot Case, Judge Blasts Searchers
URL: http://www.mapinc.org/drugnews/v04/n1328/a07.html
Newshawk: Larry Seguin http://www.reconsider.org/
Votes: 0
Pubdate: Fri, 17 Sep 2004
Source: Watertown Daily Times (NY)
Copyright: 2004 Watertown Daily Times
Contact: letters@wdt.net
Website: http://www.wdt.net
Details: http://www.mapinc.org/media/792
Author: Ed Perkins
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/topics/border+patrol
Bookmark: http://www.mapinc.org/topics/helicopter
Bookmark: http://www.mapinc.org/topics/homeland+security
DISMISSING POT CASE, JUDGE BLASTS SEARCHERS
A judge dismissed a marijuana-growing case against Terrence M. Sutton in
the interest of justice while blasting the U.S. Border Patrol and local
police for a "warrantless" search that "traumatized" Mr. Sutton's wife and
8-year-old daughter.
Jefferson county Court Judge Kim H. Martusewicz repeatedly referred to the
"occupation" by federal agents and police of the Sutton modular home and
property at Route 1 in the town of Alexandria. The judge ruled that the
Aug. 28, 2003, raid violated the U.S. and state constitutions.
The decision is prompting the U.S. Border Patrol to address "procedural
errors" made, including how better to coordinate with other agencies, said
Ed R. Duda, deputy director of the Border Patrol's Buffalo sector, which
covers an area from Buffalo to Ogdensburg. "It's not going to happen
again," said Mr. Duda, who first learned of the decision Thursday.
Agents are allowed to go onto property without a warrant within 25 miles of
the border but only while patrolling, he said. That does not include homes.
He said agents, who are dedicated to protecting communities from drugs, may
get a little too eager. But he added that the raid took about $50,000 worth
of marijuana off the streets.
The search reportedly netted 35 marijuana plants potted in 28 5-gallon pails
interspersed in the brush. It also allegedly turned up a Nike shoe box
containing marijuana seeds. Mr. Sutton was subsequently charged with
first-degree criminal possession of marijuana and growing cannabis by an
unlicensed person.
The Accused man was fired from his job in maintenance at the Thousand
Islands Region of the state Department of Parks, Recreation and Historic
Preservation. He has since found other employment.
His wife, Krystal Sutton, was fired from her job with he Victims Assistance
Center of Jefferson County.
Their daughter Brittany had nightmares after the raid, fearing her mother
and father would be taken away, Mrs. Sutton said, The girl, who was
separated from her mother during the raid, is over nightmares now, but it
took a while, the mother said.
Mrs. Sutton said Judge Martusewicz's decision is a big with off their
shoulders. "I'm just glad it's over," Mrs. Sutton said.
Mr. Sutton's attorney, James R. McGraw, asked that evidence in the case be
suppressed and that charges be dismissed in the interest of justice. Judge
Martusewicz granted the requests.
Jefferson County District Attorney Cindy F. Intschert, whose office heads
the Metro-Jeff Drug Task Force. which was also involved in the Sutton raid,
said her office is reviewing the case to see if an appeal of Judge
Martusewicz's ruling is appropriate.
Judge Martusewicz's decision outlines testimony from a hearing held July 18.
He noted that it appeared Border Patrol agents were sometimes operating
independently of local law enforcement officers on the scene, and the
federal agents took action or directed action when the local officers were
not yet prepared.
The 10:15 a.m. raid took place when Mrs. Sutton, who was pregnant, was
getting ready to go on a bicycle ride with Brittany, then 8 years old. Mrs.
Sutton had just returned home from her job. She asked Brittany to get a
cell phone from the family car so they could take the phone with them.
Brittany returned to the house excited and told her mother that a helicopter
was in the yard. Although first dismissing what Brittany said, Mrs. Sutton
went outside and saw a gray, unidentified helicopter hovering near tree-top
level. It was low enough that she could see two people inside, and the
pilot was wearing a green uniform and headgear.
The helicopter circled and then flew away. The mother and child went
briefly back into their home and then, as they went out the side door of the
house to go on their bike ride, five police vehicles "swarmed" into the
Sutton gravel drive, according to the ruling.
U.S. Border Patrol Agent Andrew Fair confronted Mrs. Sutton and demanded,
"Where do you think you're going?"
The agent snatched the cell phone out of Brittany's hands and went inside
the residence with other agents.
Members of the state police Community Narcotics Enforcement Team, CNET, the
Metro-Jeff Drug Task Force and two other Border Patrol agents with the
search dog Ricky were also involved in the raid. But Agent Fair was the
first person to confront Mrs. Sutton and enter the Sutton home.
"At that time, Mrs. Sutton was hysterical and eight-year-old Brittany was
crying and the family dog was barking," Judge Martusewicz said in the
decision.
No one had permission to search or, at that time, a warrant. Nevertheless,
officers went through the Sutton home room by room, looking into cupboards,
opening drawers, rifling through closets and looking under beds.
Mrs. Sutton repeatedly asked who they were and why they were in her house.
Only after agents occupied the house for some time did one tell her they
were searching for contraband.
At one point, an officer kicked open a box containing a new Remington rifle
and demanded to know if it was loaded. Mrs. Sutton told the officer it was
her husband's new turkey hunting gun and was not completely assembled.
Judge Martusewicz's ruling says Mrs. Sutton did not Give permission to
search. So a police detective used a laptop computer to type an application
for a search warrant. Mrs. Sutton did give her OK for the officer to use
an
electrical outlet for the laptop, although police testified it was done by
battery power on the deck of the Sutton home.
Alexandria Town Justice Louis Perry signed the warrant shortly after noon.
The papers arrived at the property about 12:22 p.m., More than two hours
after the raid began.
"The methodical, deliberate and coordinated lawless entry and subsequent
warrantless search and seizure at the Sutton home and yard by a ten member
force of federal, state, county, and city law enforcement agents shocks the
conscience of this court," Judge Martusewicz said in his decision. "The
blatant and overwhelming violations of the applicable federal and state
constitutional provisions involved and the misleading and false testimony of
the government's wit
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US NY: Dismissing Pot Case, Judge Blasts Searchers
"The methodical, deliberate and coordinated lawless entry and subsequent
warrantless search and seizure at the Sutton home and yard by a ten member
force of federal, state, county, and city law enforcement agents shocks
the
conscience of this court," Judge Martusewicz said in his decision. "The
blatant and overwhelming violations of the applicable federal and state
constitutional provisions involved and the misleading and false testimony
of
the government's witnesses in this case are inexcusable," he said.
So, just how will these criminals be punished, hmm? Medals, promotions?
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the
of
So, just how will these criminals be punished, hmm? Medals, promotions?
Sadly, probably both.
Mark
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On Sun, 19 Sep 2004 15:09:01 -0700, an orbiting mind control laser caused
"Mark2101" <Markss2101@cox.net> to write:
So, just how will these criminals be punished, hmm? Medals, promotions?
Sadly, probably both.
Fight Crime. Shoot First.
Frank Ney N4ZHG WV/EMT-B NRA(L) GOA CCRKBA JPFO ProvNRA LPWV
--
*****Smarty Jones for President!*****
Hey, if a horse's ass can be President, why not the entire horse?
United Airlines Must Die! http://www.dont-fly.com
Abuses by the BATF http://www.elfie.org/~croaker/batfabus.html
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