Sunday, April 28, 2013

Judge Orders Police Officers To Return Seized Marijuana To Owner


Tacoma Police has been told to return the marijuana siezed from Joseph Robertson during a traffic stop and if the officers refuse to follow the directive within seven days, they will be charged with contempt. Contempt of court means the violator has behaved in a disorderly way toward the judge and is accused of interrupting the due course of a trial or judicial proceeding. Contempt can be punishable with a fine and jail time.
     
Judge Jack Emery sent an order to the police on Thursday, demanding they return seized drugs to their rightful owner immediately or else face a criminal contempt charge. Emery reinforced the judgment to assistant city attorney John Walker, telling him to appeal or comply else the officers involved will face him in court and they would require legal representation.
   
Emery first ordered police to return the marijuana on February 28, but they refused. In May 2012, an officer pulled over Robertson for speeding and cited him for driving without a license and misdemeanor marijuana possession. The motorist had three small bags of weed, the equivalent of 40 grams (1.4 ounces). Prosecutors later dismissed the drug charge in December after state voters decided to legalize small amounts marijuana for personal use. Robertson asked for his pot back, providing a medical marijuana permit as he is a designated provider of the substance for a patient and legally allowed to carry limited amounts of weed (less than 680 grams or 24 ounces).

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