Pubdate: Sat, 15 Aug 2015 Source: Orange County Register, The (CA) Copyright: 2015 The Orange County Register Contact: http://www.ocregister.com/ Details: http://www.mapinc.org/media/321 Author: Scott Schwebke SKY HIGH WANTS MONEY, POT BACK SANTA ANA - A lawyer is petitioning the court for the return of more than $7,000 in cash and other items seized during raids at a Santa Ana medical marijuana dispensary where police were caught on video purportedly snacking on pot edibles. The items should be given back because police search warrants used to conduct the raids in May and July were overly broad and lacked probable cause, Anthony L. Curiale, who represents Sky High Collective, said. "There is no need for the city to retain the items," said Curiale, whose law practice is based in Brea. However, Santa Ana Assistant City Attorney Teresa Judd argued in a written response to the petition that items seized from Sky High should not be given back "The items seized were authorized under these two lawfully issued search warrants and are evidence in the pending cases and the ongoing criminal investigations," she said. Specifically, the petition filed in Orange County Superior Court is seeking the return of $7,161 in cash seized from several safes and tip jars along with pot edibles, electronics and a significant quantity of marijuana. On May 26, several police officers, armed with a search warrant and brandishing weapons, entered Sky High and ordered at least a half-dozen customers to the floor, according to videos of the raid released by Long Beach attorney Matthew Pappas, who also represents the dispensary. At the time, Santa Ana city law did not allow for the operation of marijuana dispensaries. After entering the building, officers are seen dismantling video cameras inside the store. After most of the cameras are taken down, a camera officers didn't find shows them making disparaging comments about a woman with an amputated left leg who at the time of the raid was in her wheelchair inside the dispensary. In another clip which Pappas titled "Officers eating edibles and playing darts" - a voice can be heard asking, "What flavor?" before an officer is seen unwrapping a small package and putting something in his mouth. Three officers have been placed on administrative leave while the Santa Ana Police Department completes an internal affairs investigation into their actions during the raid. The Santa Ana Police Officers Association is suing the department to prevent use of the video in the investigation, contending the footage is illegal because it was shot without the officers' permission. The raid was conducted after an undercover Santa Ana police detective went to Sky High and purchased marijuana, according to a search warrant affidavit. The detective went to the dispensary and was greeted in the lobby by a man with large hoop earrings who identified himself as "Sloppy" and said he was the officer's assigned "budtender," the equivalent of a store clerk, the affidavit says. Sloppy told the detective he could not leave the building if there was a "Code Red," meaning police were outside of the dispensary, according to the affidavit. After giving a clerk a medical marijuana identification card, the detective purchased $35 worth of pot from Sloppy and received a free marijuana joint as a token of appreciation, the affidavit states. Santa Ana police raided Sky High again on July 8 seizing more money and pot. Curiale argues the search warrants used in the raids are deficient because the police investigation only focused on whether Sky High was operating without a license "There are no facts, or even suspicions, alleged to support the search and seizure of property and things used as a means of committing a felony," his petition to the court states. However, Judd maintains items from Sky High were seized legally. "The controlled substances seized are contraband, contrary to what is claimed in the petition," she wrote in her response to the court. A hearing on the petition is scheduled for Aug. 21. - --- MAP posted-by: Jay Bergstrom