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High Utility Bill Sparks TSOG Raid, Grass Stains, Not a Pot Farm, Blamed for Bills

Discussion in 'BBS Hangout: Debate & Discussion' started by GladiatoRowdy, Mar 31, 2004.

  1. GladiatoRowdy

    GladiatoRowdy Member

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    High Utility Bill Sparks TSOG Raid, Grass Stains, Not a Pot Farm, Blamed for Bills

    Carlsbad homeowners say their high use of electricity reflects a busy but boring family life. Police suspected other possibilities.

    http://www.latimes.com/news/local/la-me-electricity28mar28,1,1327034.story?coll

    LA Times, Mar 28, 2004

    By Deborah Schoch, Times Staff Writer

    SAN DIEGO - Dina Dagy says her family is downright boring. She drives a minivan. Her three children play soccer. She also does several loads of laundry a day, pushing her utility bills so high that a police drug team arrived at her home in Carlsbad recently, search warrant in hand.

    The Dagys' electricity bill had caught the attention of investigators who suspected the family of five must be using indoor lights to grow mar1juana.

    Instead, they turned up Dagy, who says her only transgressions were, well, boring: doing laundry, operating a dishwasher, running four ceiling fans and three computers, and trying to keep up with three
    active children who leave the lights on.

    Dagy is asking police for an apology in writing and the assurance that such incidents won't happen again. She wonders what her neighbors think after seeing police climbing a ladder and removing a screen to peer through her windows.

    "It's hard to believe a high utility bill would be enough to issue a state warrant," Dagy said. "In the back of your mind, you've got to be thinking, 'There's got to be something else.' "

    Carlsbad police say that they have apologized verbally several times and that they obtained a search warrant because an initial probe suggested someone in the house might be raising mar1juana.

    "I understand they feel something isn't appropriate here, but it is very much consistent with how search warrants are prepared," said Carlsbad Police Lt. Bill Rowland.

    The practice of tracking drug growers through electricity bills is not unusual, police officials say, because so-called "grow houses" use intense indoor lights to simulate sunlight.

    Utility bills were reviewed during a six-month investigation that resulted in 26 search warrants executed March 19 in San Diego County, concentrated in the Poway area.

    Twenty of those raids turned up mar1juana, said Special Agent Misha Piastro, a spokesman for the U.S. Drug Enforcement Administration, which helped coordinate the effort. Piastro said he was not aware of any complaints from those whose homes were raided, except the Dagys.

    The warrant served on the Dagys was the result of a tip of "activity" on their street, Piastro said. The federal agency asked Carlsbad police to investigate further. When records showed the family spent $250 to $300 a month on utilities, police took a drug-sniffing dog past the property.

    "There was a 'positive alert,' " Rowland said. In law-enforcement circles, that means the dog sits down, allegedly in the area where it smells drugs. A police affidavit notes that the family takes out its refuse on the morning of trash pick-ups, a practice of drug growers trying to conceal evidence.

    So police obtained a search warrant for the Dagys' home, and, on March 19, six Carlsbad police investigators and a uniformed officer arrived at the Dagys' door. When no one answered, they telephoned Dina Dagy's husband, Beryl, at work. In turn, he called his wife at the elementary school where she was volunteering in her son's second-grade classroom. Dina Dagy recalls that her husband told her: "They're police officers. They won't discuss this on the phone, but they're going to knock down the door."

    Dagy rushed to her minivan just as a police car drove up. She is grateful the police did not enter the school and escort her out. "I would have been so embarrassed," she said, "and my son would have died: 'They're taking your mommy away!' "

    Back at their house on Ivy Street, Dagy unlocked her door so that police could search the house. They even inspected her children's Legos and Barbie dolls, she said. No mar1juana was found.

    The Carlsbad Police Department will conduct a review to make sure the investigation was conducted correctly, Rowland said. At the DEA, Piastro said Carlsbad police appeared to have acted appropriately.

    "In my opinion, they did an outstanding job of handling that situation," he said. "They did it in a way that was least intrusive and least inconvenient to that family."

    But Dina Dagy says that, if her family's experience was standard procedure, something needs to change, so that other innocent families are not targeted as hers was. She has written to city officials and to Gov. Arnold Schwarzenegger, hoping to draw their attention to the matter.

    "We don't have a criminal record - I promise, on a stack of Bibles," she said.

    All too often, the homes of innocent people are searched because of faulty investigations, said Mike Marrinan, a San Diego-based attorney who specializes in police-related civil rights cases.

    "It is a very, very traumatic event to have a raid conducted on your home," Marrinan said. "Why are they assuming criminal behavior from facts that are completely innocent?" Even if investigators did get a tip about drug activity on Ivy Street, informants are notoriously unreliable, he said. And if the drug dog really "alerted," he said, "the dog made a mistake, which is far too common."

    Finally, too many judges rubber-stamp investigators' requests for warrants, Marrinan said. "Judges need to be asking more questions and insisting on thorough investigations before they issue search warrants."

    Dina Dagy still does not understand why her family was targeted. Yes, she admitted, she has two daisy plants in her house, an azalea plant and cut flowers in the living room. She likes to grow things.

    She paused.

    "When you say 'growing things,' it sounds so ominous," she said.
     
  2. mrpaige

    mrpaige Member

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    A police affidavit notes that the family takes out its refuse on the morning of trash pick-ups, a practice of drug growers trying to conceal evidence.

    I like this part.

    My last apartment complex must've been full of drug growers since everyone took their trash out on the morning of trash pick-up.

    And my GF does this, too. Drags the can to the curb when leaving for work in the morning. I didn't realize she was growing drugs.
     
  3. GreenVegan76

    GreenVegan76 Member

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    They spent six months on this? Aren't there *real* criminals they could be investigating?

    Of course, maybe the cops are pissed that stoners are eating too many donuts.

    (rimshot)
     
  4. JuanValdez

    JuanValdez Member

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    20 arrests on 26 warrants is a pretty decent ratio.
     
  5. Deckard

    Deckard Blade Runner
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    Absurd. Ridiculous. Lunacy.
    Why aren't these stupid "police officers" out looking for real criminals and patrolling unsafe neighborhoods so that maybe, just maybe, they become safer. Either this police department is too large and they have nothing else to do, or they are criminally negligent. And lets not even get into what an invasion of privacy this was. Oh, and they found weed at 20 of the 26 houses? Big ****ing deal. If they had been looking for liqour during Prohibition, they would have found it in an even higher % of houses.

    Did I say this was stupid? Wanted to be sure I got that in there.
    Hell, you can grow your own legally in Alaska, unless they changed the law.



    edit: misspelled ridiculous everywhere! :(
     
    #5 Deckard, Mar 31, 2004
    Last edited: Mar 31, 2004
  6. mrpaige

    mrpaige Member

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    To me, anything less than 100% is failure since it means whatever they're using to determine probable cause is relatively unreliable (over 20% of the warrants didn't lead to anything. And who's to know if even all the warrants applied for were issued). They should especially do better after a six month investigation.
     
  7. mrpaige

    mrpaige Member

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    Oh, and the warrants were apparently based on the idea that these houses were growing mar1juana. The Drug Enforcement guy says 20 of those warrants turned up mar1juana, but he doesn't say how many turned up growing operations. For all we know, those 20 "successful" warrants turned up misdemeanor amounts of mar1juana and no growing operation at all.

    So it could be that even their claimed less-than-80% success rate was actually lower than that.
     
  8. GladiatoRowdy

    GladiatoRowdy Member

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    Fantastic point. I missed that in my initial once-over.
     
  9. GreenVegan76

    GreenVegan76 Member

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    Good point. This six-month "investigation" no doubt cost hundreds of thousands of dollars in man hours. And for what? Nailing 20 people with possession? What a waste of resources.
     
  10. mrpaige

    mrpaige Member

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    A local story with a little more (and different) information.

    In the story, the police claim they had an informant who told them there "might" be mar1juana grown in the house. After the whole Dallas drug scandal, I'm especially wary of informants. Since the source apparently lied, he shouldn't be allowed to continue to be anonymous.

    Carlsbad family seeks apology in fruitless pot raid

    By Shannon Tangonan
    UNION-TRIBUNE STAFF WRITER

    March 26, 2004

    CARLSBAD – Dina Dagy admits her family could do better when it comes to conserving energy.

    Her children don't always shut off the computers when they're done. The family of five leaves its outside lights on so that their runaway boxer might find its way home. And it's not uncommon for them to do two or three loads of laundry each day.

    But it never occurred to Beryl and Dina Dagy that their high electric bills – which run from $200 to $300 a month – would cause them problems with the law.

    The Dagys' home was one of 25 raided Friday as part of a six-month investigation into a countywide ring that was growing mar1juana inside rental homes. Homes were targeted largely based on unusually high utility bills, which often result from the 24-hour use of grow lights, according to court records.

    No pot was found in the Dagys' home.

    Dina Dagy was volunteering in her son's second-grade classroom when police arrived at her Ivy Street home.

    "Their investigation was just so flawed," Dina Dagy said yesterday as she sat in the two-story home the family bought a year ago.

    The Dagys want a written apology from the Carlsbad Police Department, which conducted the search, and have sent letters to city, county and state officials in hopes that other families won't go through the same ordeal.

    Carlsbad police Lt. Bill Rowland said he planned to speak with the Dagys, and his investigators apologized to the Dagys the day of the search, but he did not commit to a written apology.

    That's because the Dagys' high electricity bill was not the sole reason for the search, Rowland said. He noted a drug-sniffing dog showed interest in the home when it was taken there before Friday's search. A search warrant affidavit was reviewed by the District Attorney's Office and a judge signed the warrant.

    Misha Piastro, spokesman for the federal Drug Enforcement Administration in San Diego, said that although the DEA headed the investigation that led to 24 county arrests and the seizure of thousands of high-grade pot plants, the Carlsbad search was more of an offshoot of the larger investigation.

    Before the raid, investigators reached Beryl Dagy on his cellular phone to ask if someone would let them inside to avoid knocking down the door, Rowland said. He then called his wife at the school.

    Dina Dagy arrived to find police surrounding the home. Neighbors watched as she stood outside and detectives combed through the house.

    They found plenty of toys, but no pot.

    So how did police zero in on the home?

    In his sworn affidavit, Carlsbad Detective Mark Reyes states an unidentified, confidential source told a county Narcotics Task Force agent that someone might be growing pot in the house.

    Investigators subpoenaed utility records, which showed the Dagys used 1,584 kilowatts of electricity in February, and 1,616 kilowatts in January, the affidavit states. That's three to four times the amount used in neighboring homes during the same period, according to the affidavit.

    Also, surveillance of the home showed that the Dagys placed their trash cans on the curb outside their home the morning of the Thursday pickups.

    Why is that a big deal? Some narcotics offenders wait until the last possible moment to put their trash on the curb because they know that investigators retrieve evidence from trash, the affidavit says.

    Dina Dagy admits that their San Diego Gas & Electric bills are high, but "I didn't realize it would target us as mar1juana growers."

    Rowland said detectives maintain there was probable cause to search the home.

    Dina Dagy isn't convinced.

    "They were wrong and I want them to say they were wrong," she said.
     
  11. Rockets2K

    Rockets2K Clutch Crew

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    WOW....You mean I'm growing pot??

    Why didnt someone tell me? :eek: :eek:

    I take my trash out the mornings of trash pickup
    and if my electricity bill ever got under 200, I would jump for joy!

    geez...is that all it takes to be under suspicion as a pot grower?

    methinks some people got entirely too much time on their hands.:rolleyes:
     
  12. GladiatoRowdy

    GladiatoRowdy Member

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    Yeah, and many of them work for the DEA.
     
  13. StupidMoniker

    StupidMoniker I lost a bet

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    Geez, you people act like they bulldozed her house and killed her family. They received a tip, which was backed up by evidence of suspicious behavior, and that was enough for a search. Of the 26 searches they made, 20 led to arrests. Not every search warrant is going to lead to an arrest. If they magically knew beforehand who was going to be guilty, then there would be no need for a search warrant, they would just issue an arrest warrant. Now, it is perfectly reasonable to think that drug laws are stupid and unnecessary, but as long as they are on the books, they need to be enforced, and there is nothing wrong with the way they were enforced in this case. Rediculous? That applies more to the b****ing and moaning coming from the posters here and the Dagys than the police department's behavior.

    As for "real criminals", I'm not sure how many "real criminals" there are in Carlsbad, CA. Last year there were 3 murders, the year before that, zero murders. There are 2.9 violent crimes per 1000 people. link
     
  14. outlaw

    outlaw Member

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    so you think it's OK for the electric company to share your usage records with the police without your authorization?
     
  15. GladiatoRowdy

    GladiatoRowdy Member

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    We ARE talking about how stupid and unnecessary the drug laws are. They are so stupid and wasteful that 6 months of police investigation time was wasted on this family, a family that appears by the accounts to be one of the most Cleaver-like in history.

    It is stupid (not as stupid as your moniker, but stupid nonetheless ;) j/k) that the police are supposed to try to enforce these laws. Prohibition is absolutely unenforceable, completely counterproductive, and causes more harm than drugs ever have. It is time for America and Americans to wake up and see how much damage has been wrought on our society by this misguided policy and this situation is yet one more that shows how misguided this policy is.
     
  16. StupidMoniker

    StupidMoniker I lost a bet

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    Yes. Who cares?
     
  17. GladiatoRowdy

    GladiatoRowdy Member

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    I DO!!!

    It is none of the police's business how much money I spend on electricity. If I want to cool my house into the 50s in the summer while running 80 computers, 20 TVs, and leave every light in the house on, that is my perogative and the police have no valid reason to invade my privacy regarding my utility bills.
     
  18. outlaw

    outlaw Member

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    what about phone records? phone conversations? websites visited? e-mails? when does it end?

    at least you are consistent SM, you really do support a police-state.
     
  19. 4chuckie

    4chuckie Member

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    If you have nothing to hide what are you worried about?

    20/26 is good in my book. If I'm one of the 6 who gets searched I don't care as long as they don't break anything, disturb me (meaning come busting in at 3am to serve the warant), or embarrass me (you know have the 6pm news following them around).
     
  20. mc mark

    mc mark Member

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    "Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”

    -- Benjamin Franklin
     

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