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The Colorado Supreme Court on Monday ruled that law enforcement officers cannot be forced to return marijuana to defendants even after they are acquitted of pot crimes because doing so would force officers to be marijuana “distributors” and violate federal law. The ruling overturns a decision by the Colorado Court of Appeals, which ruled that police officers must return marijuana to defendants who win court decisions related to illegal marijuana possession in Colorado. Forcing Colorado law enforcement officials to return marijuana to defendants after they win a court case would cause them to break the federal Controlled Substances Act, said the ruling written by Colorado Supreme Court Judge Allison Eid. Eid has been mentioned as a possible U.S. Supreme Court nominee by President Donald Trump. “The return provision requires law enforcement officers to return, or distribute, marijuana,” the decision says.  “Thus compliance with the return provision necessarily requires law … [Read more...] about Cops can’t be forced to return marijuana in failed drug cases, Colorado Supreme Court says

The Colorado Supreme Court on Monday ruled in a split decision that police officers can testify about how they interpret body language without first being classified as expert witnesses in a case that will have practical implications across the state court system. The decision reverses a 2019 Colorado Court of Appeals ruling and reinstates a woman’s conviction and eight-year prison sentence for selling methamphetamine to her 15-year-old stepbrother. “This opinion is very common-sensical, it’s very much based on the real world,” former Boulder County district attorney Stan Garnett said. “…It’s an opinion that will be helpful to trial lawyers on both sides because it makes clear what the rules are.” Five justices joined the majority opinion, which was written by the court’s newest justice, Maria Berkenkotter . Chief Justice Brian Boatright concurred in the judgment only, and Justice Richard Gabriel dissented. The case springs from a 2016 incident in which a 15-year-old … [Read more...] about Shrugs, nods and a look down: Police can interpret body language on the stand, Colorado Supreme Court rules

DENVER—The Colorado Court of Appeals has ruled that a judge was correct when he ordered Colorado Springs police to return more than 60 pounds of marijuana to a cancer patient who was acquitted of drug charges. Attorneys for Robert Crouse say the victory adds clout to a pending lawsuit against the city over the destruction of Crouse’s marijuana, which they say spoiled while in police custody. According to the Colorado Springs Gazette ( http://tinyurl.com/n7q8prw ), Crouse wants to be reimbursed for up to $300,000. At issue is a provision in the state constitution requiring that police properly care for any pot seized during medical marijuana investigations and that it be returned should the owner be acquitted of wrongdoing. Authorities said returning the marijuana could violate federal law. ——— Information from: The Gazette, http://www.gazette.com Policies Report an Error Contact Us Submit a News Tip … [Read more...] about Colorado Springs cancer patient wins pot appeal

Free speech advocacy organization Speech First has filed a lawsuit against Virginia Polytechnic Institute and State University — better known as Virginia Tech — over its campus censorship protocols, including ‘bias-response teams’ and ‘speech codes,’ both of which play roles in the management of speech outlined by Virginia Tech’s broader discourse-regulating framework. The lawsuit’s section on “bias-response teams” appears to be the primary focus of the organization, and is also an area where Speech First has found legal success at other colleges. According to the organization, the “Orwellian” teams “encourage students to monitor each others’ speech and report incidents of ‘bias.'” Thereafter, the “bias-response teams” will “log the incident, investigate it… attempt to reeducate the ‘offender,’ and can recommend formal or informal discipline.” One of the foremost concerns with disciplining “bias” is that the label can be used “based solely on the listener’s subjective reaction” … [Read more...] about ‘Bias-Response Teams,’ ‘Speech Codes’ at the Center of First Amendment Lawsuit Filed Against Virginia Tech

A class-action lawsuit is not the best way for the thousands of families across Canada affected by Motherisk’s flawed drug and alcohol testing to fight for compensation in court, a Toronto judge has ruled. In his decision not to certify a proposed national class-action lawsuit related to the litany of problems uncovered at the Hospital for Sick Children’s Motherisk lab, Superior Court Justice Paul Perell said that because of the “intensely individualistic” nature of the claims, individual lawsuits would be more “efficient and expeditious.” “The significant damages are caused not by the common unreliability of the tests, but by an individual’s test being wrong with sometimes tragic consequences,” he said. “Class members should not suffer the disappointment of a class action that will not take them far enough on the path to substantive justice.” Read more: Fallout from Motherisk’s flawed tests a national tragedy What’s ailing SickKids? How Toronto’s world-class … [Read more...] about Judge rejects proposed class-action over Motherisk drug-testing scandal