Lawyer On Medical Marijuana Raid & Seizure: 'Totally Based On Lies'
By Tom Mustin
DENVER (CBS4) - Police raided a marijuana operation in the foothills, but the people running it say they didn't break any laws, and now they're suing the Denver Police Department.
"Totally based on lies; everything in the affidavit is a flat out falsehood," attorney Matthew Buck said.
Buck says Denver police need to pay after what he calls a "reckless" marijuana raid at a rural home in Conifer.
"It was pretty fishy when you looked at the affidavit for search," Buck told CBS4's Tom Mustin.
According to Buck, Derek Smith ran a legal medical marijuana operation from his home. In January 2015 Denver police and Jefferson County SWAT officers, acting on a tip, raided the home. Smith, his fiancé, and their roommate were inside.
"They kicked the door in, they threw flash grenades, they had machine guns, they were in gasmasks. They had everyone at gunpoint, on their faces, in handcuffs, while they ransacked the house," said Buck.
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Pictures show the ransacked home after the raid. Buck says officers had been told Smith had been dealing cocaine from the home, but no traces of the drug were found.
"What they found was a lot of medical marijuana paperwork for a lot of sick people, and they found medicine for those sick people and they took and destroyed all of it," Buck said.
Smith and the others are now suing the Denver Police Department and the Jefferson County officers.
Buck says officers seized $70,000 in cash, several guns, and computer equipment -- all still in police possession. The guns were used by Smith to protect his livestock from bears, mountain lions and other predators. He says the suit is about accountability.
"We don't think it's right that police can kick a door down with a warrant based on false allegations, take someone's property, do nothing with it, and walk off with it," Buck said.
Denver police told CBS4 in a statement, "We can't comment on ongoing criminal investigations, and cases where there are pending lawsuits."
No court date has been set.
LINK: Read The Affidavit In Support Of Search Warrant
Tom Mustin is CBS4's Weekend Anchor. He has been with CBS4 since 2002, and is always looking for great story ideas. Connect with Tom on Facebook or follow him on Twitter @TomCBS4.
