AM News for Tuesday, 11.12.13
A Mendocino Superior Court judge Friday granted a motion to throw out evidence from a vehicle search done because the driver admitted to having the drug and a county-issued card identifying him as a medical marijuana patient.
Judge Ann Moorman ruled in favor of Mendocino Deputy Public Defender Eric Rennert's motion to suppress the evidence used to charge his client, Kevin Hawkins, 55, of Cloverdale, with possessing methamphetamine when a Ukiah PD officer pulled Hawkins over and searched his vehicle.
The officer had no reason to believe the search would turn up evidence of a crime, so proper grounds hadn't been established for the search Moorman ruled.
"The question is, does admission of the presence of marijuana alone, with a valid recommendation, provide law enforcement with probable cause to search," Rennert said.
The ruling is significant, he said, because no case law currently exists regarding that question.
"This Court is not suggesting that the presentation of the 215 card was a means of immunization from the search," Moorman wrote. "But, the totality of the circumstances included a voluntary statement coupled with the county issued card AND a complete absence of odor or impaired driving, or evidence of a larger amount of marijuana in the car." (The emphasis is Moorman's.)
The DA's Office has two weeks to appeal the ruling. If an appeal is filed, the case would go before the state Court of Appeals.
On the agenda at the bos meeting 9 am today is a verbal report by Sups Hamburg and McCowen on whether the county should adopt a clean energy financing Pace type program. Since the last board meeting, the ad hoc committee met twice with representatives of the clean energy industry in addition to local bankers, political leaders, and agency representatives. GSA Director Kristin McMenomey and CEO Carmel Angelo were also in attendance.
The Board will take public comment of up to 3 minutes each person, before deciding whether to move forward towards establishing a PACE-like program. A key issue is whether residential property loans will be included in the local program, or just commercial loans, as some have proposed. Property Assessed Clean Energy (or PACE) financing has worked in other areas, including Sonoma County, where more than 2,000 PACE-funded projects have been completed, most of them for residential housing.
PACE allows “ property owners to finance energy efficiency, water conservation and renewable energy generation improvements through a voluntary assessment which is attached to the property and paid back through the property tax system over time.
The Lake Area Planning Council (APC) and Caltrans on Wednesday, Nov. 13, are hosting the third community meeting on a project to identify potential transportation improvements on State Route 29 from the Napa County line to State Route 53.
The meeting will be held from 6 p.m. to 8 p.m. at the Middletown High School Multi-Use Facility.
The project is scheduled for completion late this year.
Today at 1:30 pm, in Sacramento, members of the Assembly and Senate Labor Committees will hold a joint hearing to begin investigating the hefty bill that California taxpayers foot each year in public assistance costs as a result of the fast-food industry’s low wages. The hearing comes just weeks after researchers at UC Berkeley released a report showing that low-wage, fast-food jobs cost California tax payers at least $717 million each year. The families of more than half of the fast-food workers employed 40 or more hours a week are enrolled in public assistance programs.
Stay tuned for Mind Body Health @ 9:00 AM
Marvin Trotter talks with Brenda Hoek, a nurse who teaches diabetics how to eat well and control their diet.