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Wednesday, July 16, 2008

Update on Police Seizing Patient Medical Records

posted by on July 16 at 18:26 PM

As I Slogged earlier, SPD officers searched a medical-marijuana organization’s office yesterday and seized a computer, 12 ounces of pot, and the medical files of about 500 patients, says Martin Martinez, who runs the office. There were no plants, and the office wasn’t a pot dispensary. So why did police search it, and who gave them permission?

Dan Donohoe, spokesman for the King County Prosecutors Office, says his office was consulted and recommended the search. He says police told Senior Deputy Prosecutor Ellen O’Neill-Stephens that they responded to the storefront on The Ave after a neighbor complained about the “smell or presence of marijuana.” A county district judge in Shoreline signed the warrant. But Donohoe says, as of yet, SPD hasn’t reported which items were seized, no arrests have been made, and no charges have been filed.

The unanswered questions: Did the prosecutor’s office recommended the search warrant based on suspected illegal activity or a violation of the state’s Medical Use of Marijuana Act? And why did police seize patients’ medical records? Possessing or cultivating marijuana is allowed for authorized patients, but the law only provides a defense in court—cops can still technically arrest suspects and search a premises, even if the case would lose. Police seized 12 ounces of marijuana, which would be legal if it belongs to Martinez. So if the prosecutor’s office had only heard that police smelled marijuana and didn’t suspect it could win a case, why would it recommend a search? Donohoe says he’s looking it.

RSS icon Comments

1

WTG Dominic! Find out what the hell they're thinking. Satterberg has some 'splainin' to do.

Posted by NaFun | July 16, 2008 7:37 PM
2

Kerlikowske, the Seattle Police Chief, and his boss, Mayor Nickels, need to go. Big time. So now they've spent tons of money raising a medical office, live music venues, strip clubs and gay bars. All the while violent street crime is up, and meth and crack dealers run deal openly in belltown, pioneer square and Cap Hill. This administration is pathetic!

Posted by Frank | July 16, 2008 8:13 PM
3

What the hell is a judge in Shoreline doing issuing warrants for a Seattle search?

Posted by Greg | July 17, 2008 7:22 AM
4

You could answer many of your questions by going to the courthouse and getting a copy of the warrant, rather than waiting for Donohoe to spin you his version.

Posted by giantladysquirrels | July 17, 2008 8:32 AM
5

Frank's so right I want to call him Fnarf.

Posted by I Heart Frank | July 17, 2008 9:20 AM
6

Interesting that the Times did some actual, you know, reporting on this today. You might try that sometime, Dominic. Of course, that might get in the way of your knee-jerk conclusions.

Posted by tomcat98109 | July 17, 2008 9:41 AM
7

12oz of pot! Martinez' personal stash. Wow.

Posted by blank12357 | July 17, 2008 10:26 AM
8

Greg @3: The north end KC District Court is in Shoreline. They issue a lot of the warrants and handle misdemeanors in the U District.

Posted by MarriedToTheLaw | July 17, 2008 1:01 PM

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