Sunday, October 15, 2006

Club patrons' rights violated, judge rules - Flint JOURNAL

In March 2005, I posted about the police raid of Club What's Next in Flint, Michigan. I consulted on 4th Amendment issues on behalf of the defense team. Click here, here and here for details. Earlier this week Genesee County Circuit Court Judge Joseph Farah found the the Flint police did not have probable cause to arrest the 94 people who were cited as patrons of a disorderly house. The police tactic was similar to that use by law enforcement in a raid of a Racine, WI electronic music event in 2002. For details about the 2002 raid click here.

THE FLINT JOURNAL FIRST EDITION
Saturday, October 14, 2006

JOURNAL STAFF WRITER

FLINT - A Genesee County Circuit Court judge on Friday ruled that Flint police violated the rights of 94 people who were arrested during a March 20, 2005 raid at a Flint night club, according to a statement from the ACLU of Michigan.

The ACLU said Circuit Judge Joseph Farah determined that police did not have probable cause to arrest the 94 people after officers busted an alleged rave party at Club What's Next, 2511 W. Pasadena Ave.

Police officers testified that people were openly using and selling drugs in the club before the raid.

Ecstasy, LSD and a psychedelic mushroom were found inside the club, police said.

People at the club were charged with frequenting a drug house, but Farah said allowing the arrests to stand would lump together people who had been at the club "for five minutes or five hours," said the ACLU.

The misdemeanor charge carried a maximum penalty of 90 days in jail.

Farah's decision did not affect the cases against 23 people who were arrested for drug or paraphernalia violations.

City officials could not be reached for comment late Friday.

1 Comments:

Anonymous Anonymous said...

my heart goes out to the 23 that the aclu did not represent. I personally witnessed genesse county deputies planting evidence on people that were not fully cooperating.

10:05 PM  

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