Monday, August 4, 2008

CEU task force member reveals links to pot searches

Jessie Faulkner/The Times-Standard
Article Launched: 08/02/2008 01:27:19 AM PDT



EUREKA -- Wes Juliana, one of three Civil Liberties Monitoring Project members serving on the Humboldt County Code Enforcement Unit Task Force, claimed Friday that the unit improperly collaborated with the sheriff's office to ferret out illegal pot grows.

Juliana's argument was based on an analysis of the unit's recently drafted Inspections and Warrants document and statements made by county officials at the April 4 public meeting in Garberville.

The issue of inspection warrants -- which require no notice of landowners or occupants -- has been at the heart of much of the task force's debate since its formation earlier this year.

The Code Enforcement Unit document was released May 15 and, Juliana said, was used as justification for inspectors to look for illicit marijuana growing operations.

Liz Davidson, also a Civil Liberties Monitoring Project representative on the task force, recalled a conversation with Interim County Council Wendy Chaitin who confirmed that the Inspection and Warrants document was essentially writing down the procedures under which the unit was operating.

Based on his research, Juliana said it was his intent to draft findings based on the study and prepare recommendations for the task force to consider in its final report to the board of supervisors this fall.

Among the concerns is that the inspection warrant procedures to allow entry on private property without notice is the same type of language that is being used to look for marijuana under the auspices of the Code Enforcement Unit.

Essentially, Task Force Chairman Dan Taranto said, no-notice warrants are sought to find marijuana growing in unpermitted buildings.

"Exactly," Juliana responded.

Inspection warrants are supposed to be used to investigate building, fire, safety, electrical, health, labor or zoning, not penal code violations or marijuana operations, he said.

Juliana further backed his argument with quotes from the April 4 meeting in Garberville where outraged residents questioned county officials on code enforcement actions.

Code Enforcement Officer Jeff Conner said, Juliana recalled, that when the unit gets a no-notice inspection warrant there's a high expectation of other criminal activity.

Davidson, reading from a transcript of the April 4 meeting, said that Conner said that when Sheriff's Department deputies informed an inspector that they suspected marijuana was growing in unpermitted buildings near a planned inspection, the inspector requested additional inspection warrants.

The bottom line for Juliana was starting over with the Inspections and Warrants document.

"It is my opinion," he said, " this document needs to be significantly rewritten or discarded altogether. I support the latter."


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