Costa Mesa Attorneys for the Costa Mesa Police Department filed a motion Monday seeking to move from state to federal court a lawsuit alleging officers exceeded their legal authority when they raided a former medical marijuana dispensary.
Lawyers Dennis M. Cota and Daniel S. Roberts, who represent the Police Department and city of Costa Mesa, did not return phone calls and emails Tuesday seeking comment on the motion request filed in U.S. District Court.
The motion is a strategic move, said attorney Matthew Pappas, who is suing the city of Costa Mesa and its Police Department on behalf of Costa Mesa Collective.
Costa Mesas effort to move the case to federal court is meant to prevent any recovery for their illegal actions because marijuana is prohibited under federal law, Pappas said. However, the lawsuit filed is based on state law in an area that should be decided by state courts.
Pappas said he intends to file a motion to keep the lawsuit in state court.
The lawsuit filed last month in Orange County Superior Court seeks unspecified damages and the return of marijuana, money, confidential patient records and other property seized Jan. 27 at the now-closed Costa Mesa Collective on Harbor Boulevard.
Costa Mesa police Chief Rob Sharpnack has declined to release details of the incident because of an ongoing criminal investigation.
He also has refused the Registers requests to produce a copy of the warrant used to authorize the raid.
The Register has been unable to locate any type of warrant covering the operation in the Orange County court system, where such documents typically would be filed.
Medical marijuana dispensaries are illegal in Costa Mesa.
Five people were arrested during the raid on suspicion of possession with intent to distribute marijuana, a felony, Pappas said. They spent four days in Orange County Jail before being released without any charges filed, he added.
Prosecutors have referred the case to Costa Mesa police for investigation.
After entering Costa Mesa Collective with guns drawn, police confiscated a digital video recorder but didnt find four hidden cameras and another recorder that captured their actions.
Pappas provided the Register with two hours of video from the cameras showing officers searching the collective, seizing items and questioning employees and customers.
The lawsuit alleges Costa Mesa police violated the constitutional rights of those in the dispensary because they entered and seized items without proper warrants.
Sharpnack said police obtained an inspection warrant, which is used to enter a premises to investigate whether it is complying with building, fire, zoning and civil codes.
If a business refuses access, a city can obtain an inspection warrant and seek a judges permission to make forcible entry, but investigators cant seize evidence for a criminal case, said Jen McGrath, another attorney representing Costa Mesa Collective.
News Moderator: Katelyn Baker
Full Article: Costa Mesa Wants To Move Marijuana Dispensary Lawsuit To Federal Court
Author: Scott Schwebke
Contact: The Orange County Register
Photo Credit: Law Office Of Matthew Pappas
Website: The Orange County Register
