Posted on 03/27/2004 6:59:48 AM PST by dread78645
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 marijuana 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 marijuana 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.
Riiiight.
Why is that a big deal? (Putting garbage cans out at the last minute) 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.
Duh. This is also done to keep stray creatures from raiding the garbage cans & spreading the contents around the neighborhood.
The police need to apologize in writing in the local newspaper for the neighbors to read. Local news on TV would be good, too. Some nosy, disgruntled neighbor probably turned them in.
The warrant was issued because of the dog's interest.
The dog was taken there because of the electric bill.
Probable cause, indeed. It's a house of cards.
Chance of that happening (in writing): zero. These scumwads never apologize for anything. Remember the one kid in California (?) they blew away with a shotgun while he was down on the floor? Heck, they might even congratulate themselves and hand out medals and tee-shirts to themselves as rewards (like they did after the Elian Gonzalez debacle). Constitution? What Constitution?
Maybe the drug sniffing dog was showing interest in something else - like the family boxer.
Shouldn't the judge's identity be public domain information? Shouldn't the newspaper publish it? After all, the voters could use this information come election time.
-Eric
Maybe this family
should thank the police for trying
so hard to maintain
a community
geared toward drug-free decent folks
and not criminals.
You don't thank someone for abusing their power. You sue them.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.