NeilTheCop
Member
What is the name of your state? New Mexico.
I finally received the determination in my case and I lost. Stuff happens and I’m going to let it go but the case bought up what I believe is a legal precedent, and some friends believe that it can be used in their cases so I thought I would ask the opinion of the legal experts.
The basis of my case has been posted on this forum in the past, but in summary;
I was a cop in charge of the property room. I found a big pile of hydroponic equipment seized as drug paraphernalia from a search warrant, the estimated cost of the paraphernalia was about $6,000. Over 2 pounds of dried marijuana buds were also seized from the search. At the time of the search the paraphernalia was being actively used to grow more. The case was long adjudicated and I told the case agent I was going to destroy the paraphernalia. The case agent told me to return it to the family. I refused. My immediate supervisor told me to destroy it so I did. I was demoted and suspended without pay. I Filed a Whistleblower Act civil suit stating that the case agents order to return the drug paraphernalia was unlawful. I lost.
During the investigation of the complaint two assistant district attorneys were interviewed. Both ADA’s stated that if drug paraphernalia is seized but the owner of the paraphernalia is not charged and if the paraphernalia can be used for a lawful purpose it has to be returned. They also stated that in the underlying case involving the marijuana grow the judge would not allow the paraphernalia to be used as evidence so at that point it was no longer drug paraphernalia. The interview was recorded and I have both the recording and the transcript of the recording.
In the final determination the District Court Judge confirmed this;
“There is no indication in any of the evidence submitted to this Court that the parties to whom the XXXXX property was to be returned to, i.e, the XXXXX family, intended to use the alleged paraphernalia for an unlawful purpose as required under 30-31-25.1 NMSA 1978. 9 (My Name) acknowledged this fact during his testimony.
The order to return the XXXXX property was not unlawful or improper.
Accordingly, (My Name) objection or refusal to return the property was not well founded and is not privileged under the Act.
This is particularly so, given that the chief Law enforcement Official in the county, the District Attorney’s Office, has specifically requested the XXXXX property in issue to be returned. “
So can this be used as a precedent to get my friends drug paraphernalia returned as they were not charged and now want to use it to smoke tobacco, and is it now even classed as drug paraphernalia?
I finally received the determination in my case and I lost. Stuff happens and I’m going to let it go but the case bought up what I believe is a legal precedent, and some friends believe that it can be used in their cases so I thought I would ask the opinion of the legal experts.
The basis of my case has been posted on this forum in the past, but in summary;
I was a cop in charge of the property room. I found a big pile of hydroponic equipment seized as drug paraphernalia from a search warrant, the estimated cost of the paraphernalia was about $6,000. Over 2 pounds of dried marijuana buds were also seized from the search. At the time of the search the paraphernalia was being actively used to grow more. The case was long adjudicated and I told the case agent I was going to destroy the paraphernalia. The case agent told me to return it to the family. I refused. My immediate supervisor told me to destroy it so I did. I was demoted and suspended without pay. I Filed a Whistleblower Act civil suit stating that the case agents order to return the drug paraphernalia was unlawful. I lost.
During the investigation of the complaint two assistant district attorneys were interviewed. Both ADA’s stated that if drug paraphernalia is seized but the owner of the paraphernalia is not charged and if the paraphernalia can be used for a lawful purpose it has to be returned. They also stated that in the underlying case involving the marijuana grow the judge would not allow the paraphernalia to be used as evidence so at that point it was no longer drug paraphernalia. The interview was recorded and I have both the recording and the transcript of the recording.
In the final determination the District Court Judge confirmed this;
“There is no indication in any of the evidence submitted to this Court that the parties to whom the XXXXX property was to be returned to, i.e, the XXXXX family, intended to use the alleged paraphernalia for an unlawful purpose as required under 30-31-25.1 NMSA 1978. 9 (My Name) acknowledged this fact during his testimony.
The order to return the XXXXX property was not unlawful or improper.
Accordingly, (My Name) objection or refusal to return the property was not well founded and is not privileged under the Act.
This is particularly so, given that the chief Law enforcement Official in the county, the District Attorney’s Office, has specifically requested the XXXXX property in issue to be returned. “
So can this be used as a precedent to get my friends drug paraphernalia returned as they were not charged and now want to use it to smoke tobacco, and is it now even classed as drug paraphernalia?
