Pubdate: Sat, 03 Aug 2002
Source: Commercial Appeal (TN)
Contact:  2002 The Commercial Appeal
Website: http://www.gomemphis.com/
Details: http://www.mapinc.org/media/95
Author: Bill Dries
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

U.S. COURT SUPPORTS 'POT FARM' SEARCHES

A federal appeals court ruled Friday that police acted properly in their 
1996 search and seizure of marijuana from four Memphis "pot farms."

The ruling by the U.S. Sixth Circuit Court of Appeals reverses a decision 
by U.S. Dist. Court Judge Bernice Donald that threw out evidence seized by 
police at two of the four locations allegedly controlled by James and Carol 
Elkins, both of whom are serving prison terms.

The appeals court ruling means the couple could face new charges, though 
Asst. U.S. Atty. Thomas Colthurst declined comment Friday on the 
possibility of new charges or the appeals court ruling.

The court also affirmed Donald's decision that searches of the other two 
indoor growing operations were legal and the evidence seized could be used 
in court.

The farms were among the most sophisticated and extensive ever uncovered by 
Memphis police, who seized more than 1,000 marijuana plants, processed 
marijuana, shotguns, a crossbow and plant growing equipment in four 
separate raids on Aug. 21, 1996.

James Elkins had hired several off-duty police officers to guard the 
facilities, prompting a federal and local investigation that later found 
the off-duty cops had no knowledge of what they were guarding.

Elkins pleaded guilty in 2000 to federal drug, money laundering and 
firearms charges. He was sentenced to 15 years and eight months.

Carol Elkins, his wife, pleaded guilty to a money laundering count and is 
serving a five-year sentence.
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