First the article then my thoughts
http://www.signonsandiego.com/news/m...7m26wrong.html
Quote:
Carlsbad family seeks apology in fruitless pot raid
By Shannon Tangonan
UNION-TRIBUNE UNION-TRIBUNE STAFF WRITER
March 26, 2004
CARLSBAD – Dina Dagy admits her family could do better when it comes to conserving energy.
Her children don't always shut off the computers when they're done. The family of five leaves its outside lights on so that their runaway boxer might find its way home. And it's not uncommon for them to do two or three loads of laundry each day.
But it never occurred to Beryl and Dina Dagy that their high electric bills – which run from $200 to $300 a month – would cause them problems with the law.
The Dagys' home was one of 25 raided Friday as part of a six-month investigation into a countywide ring that was growing marijuana inside rental homes. Homes were targeted largely based on unusually high utility bills, which often result from the 24-hour use of grow lights, according to court records.
No pot was found in the Dagys' home.
Dina Dagy was volunteering in her son's second-grade classroom when police arrived at her Ivy Street home.
"Their investigation was just so flawed," Dina Dagy said yesterday as she sat in the two-story home the family bought a year ago.
The Dagys want a written apology from the Carlsbad Police Department, which conducted the search, and have sent letters to city, county and state officials in hopes that other families won't go through the same ordeal.
Carlsbad police Lt. Bill Rowland said he planned to speak with the Dagys, and his investigators apologized to the Dagys the day of the search, but he did not commit to a written apology.
That's because the Dagys' high electricity bill was not the sole reason for the search, Rowland said. He noted a drug-sniffing dog showed interest in the home when it was taken there before Friday's search. A search warrant affidavit was reviewed by the District Attorney's Office and a judge signed the warrant.
Misha Piastro, spokesman for the federal Drug Enforcement Administration in San Diego, said that although the DEA headed the investigation that led to 24 county arrests and the seizure of thousands of high-grade pot plants, the Carlsbad search was more of an offshoot of the larger investigation.
Before the raid, investigators reached Beryl Dagy on his cellular phone to ask if someone would let them inside to avoid knocking down the door, Rowland said. He then called his wife at the school.
Dina Dagy arrived to find police surrounding the home. Neighbors watched as she stood outside and detectives combed through the house.
They found plenty of toys, but no pot.
So how did police zero in on the home?
In his sworn affidavit, Carlsbad Detective Mark Reyes states an unidentified, confidential source told a county Narcotics Task Force agent that someone might be growing pot in the house.
Investigators subpoenaed utility records, which showed the Dagys used 1,584 kilowatts of electricity in February, and 1,616 kilowatts in January, the affidavit states. That's three to four times the amount used in neighboring homes during the same period, according to the affidavit.
Also, surveillance of the home showed that the Dagys placed their trash cans on the curb outside their home the morning of the Thursday pickups.
Why is that a big deal? Some narcotics offenders wait until the last possible moment to put their trash on the curb because they know that investigators retrieve evidence from trash, the affidavit says.
Dina Dagy admits that their San Diego Gas & Electric bills are high, but "I didn't realize it would target us as marijuana growers."
Rowland said detectives maintain there was probable cause to search the home.
Dina Dagy isn't convinced.
"They were wrong and I want them to say they were wrong," she said.
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The part that gets me is the "anonymous" tip that these people were growing pot. The cops got the records from the power company first, sorted through them and then decided who to raid. Maybe they needed a subpoena for one of the houses they raided, but I doubt they would get one for this specific family's records. They did a whole bunch of raids in San Diego that day and while they were rifling through the records they decided that these people use too much energy and they needed to be hit. That is how I see it at least. Couple of points of mine.
1 - The house is worth over $600,000, I have seen it and I am sure. Odds that they are growing pot in that? Not an absolute no, but certainly not an indicator that they were.
2 - The Dog signaled outside the house supposedly. These people HAVE a dog. I bet the dog signaled on the family dog's piss or something. When your only tool is a hammer - all your problems begin to look like nails. I am sure they could have come up with all kinds of "probable cause" (like the garbage cans.)
3 - How many times are authorities rifling through YOUR records today? No doubt your bank account, phone bill and energy bill is being data mined today for hits and behaviour paterns. What might they find? What happens when the IP addresses you visit don't conform to the authorities view of "decency"?
Our government is encroaching on our rights now that technology is providing an easy means of doing so. (power corrupts, absolute power corrupts absolutly). The temptation to go through your personal life is too great for a government. Be careful out there. Stay informed and participate in what is our political process. It may be crap, but short of throwing tea in the harbor, it is all we have right now.