Pubdate: Wed, 10 Aug 2016 Source: Orange County Register, The (CA) Copyright: 2016 The Orange County Register Contact: http://www.ocregister.com/ Details: http://www.mapinc.org/media/321 Author: Scott Schwebke SUIT FILED OVER RAID AT POT DISPENSARY COSTA MESA - A lawyer for a former medical marijuana dispensary said he filed a lawsuit Tuesday against the Costa Mesa Police Department, alleging that officers exceeded their legal authority when they raided the facility this year. The complaint attorney Matthew Pappas said he filed with Orange County Superior Court seeks unspecified damages and the return of marijuana, money, confidential patient records and other property seized Jan. 27 at the now-closed Costa Mesa Collective on Harbor Boulevard. "The city of Costa Mesa ... believes it is above the law," Pappas said of the suit. "No longer can cities and police departments violate people's rights based on marijuana once being part of failed drug prohibition policies." Efforts to verify that the suit had been filed with the courts Tuesday were unsuccessful. Costa Mesa officials said they were unable to immediately comment on the complaint and are working on a statement. Costa Mesa police Chief Rob Sharpnack has declined to discuss details of the January incident, due to a continuing criminal investigation. However, he said a code enforcement inspection warrant was obtained for Costa Mesa Collective. Sharpnack declined the Register's requests to produce a copy of the warrant. The Register has been unable to locate any type of warrant covering the operation in the Orange County court system, where such documents typically would be filed. Medical marijuana dispensaries are illegal in Costa Mesa. On the afternoon of Jan. 27, Costa Mesa police with guns drawn burst through the front door of Costa Mesa Collective yelling, "Search warrant!" and ordered a half-dozen people inside to the floor. Five people were arrested on suspicion of possession with intent to distribute marijuana, a felony, Pappas said. They spent four days in Orange County Jail before being released without any charges filed, he added. Prosecutors have referred the case to Costa Mesa police for investigation. During the raid, police removed a digital video recorder but didn't find four hidden cameras and another recorder that captured their actions. Pappas provided the Register with two hours of video from the cameras that shows officers searching the collective, seizing items and questioning employees and customers. The lawsuit contends that Costa Mesa police violated the constitutional rights of those in the dispensary because they entered and seized items without proper warrants. Costa Mesa Collective operators have not been provided a warrant or an inventory of items seized, Pappas said. Sharpnack said the department obtained an inspection warrant, which is used to enter a premises to investigate whether it is complying with building, fire, zoning and civil codes. Warrants are issued by a judge and a list of items seized has to be filed with the court, said Jen McGrath, another attorney representing Costa Mesa Collective. If a business refuses access, a city may have grounds to obtain an inspection warrant and seek a judge's permission to make forcible entry, but investigators can't seize evidence for a criminal case, McGrath said. The lawsuit alleges police may have "omitted, misrepresented or withheld material facts" to obtain an inspection warrant. - --- MAP posted-by: Jay Bergstrom