Family wrongfully raided by DEA - for wasting electricity

SilverFeniks

SilverFeniks

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As a preface, this article relates to this thread ...
This happens to be my hometown - a very wealthy place - so needless to say I am quite amused.

By Shannon Tangonan
UNION-TRIBUNE STAFF WRITER
story

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 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.
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This would be hilarious if it wasn't so sad and pathetic. Law enforcement should be held accountable when they are negligent and make mistakes like this. Somebody's rights were violated.
 
ditto on all fruitfly's comments. This is so retarded. "Dog showed interest" ? Hmm Maybe it coulkd smell some sausages from the BBQ. Trash being left late ? In my city it is urged not to put the trash out until as late as possible to prevent loitering and spread of food lurking animals, so my city council is also involved ? And lfinally , WTF, $300 bill qualifies you as suspect grower ? I'd imagine grower's bill's would run easily over $500-600.

I'd sue cop's asses if I was in their place, they raided the house without proper cause or evidence is total bullshit, don't worry kids, the Big Brother is watching you, your every step...

:p
 
Well im gonna play devil's advocate here.......

They say they raided 25 homes and busted 24........Thats a high success rate.....theyre doing something right.......

The Dagys' home was one of 25 raided Friday
Click to expand...

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.
Click to expand...
 
Note to self: In the future, do not consciously decide to make useless drunken posts ;)

fruitfly pretty much nailed all the ridiculous aspects of this story. You have to wonder how often this sort of "evidence" is used to make busts ... if this had happened in a poor community, it might not make any news; but when they raid a La Costa house, the police better watch out.
 
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^^ Well, if the family is indeed rich as SF indicates most of the area is, they probably have some friends in high places, wouldn't surpirse me if they took some indirect retaliation at the people responsible. I know I would.

;)
 
JTNOLA5211 said:
Well im gonna play devil's advocate here.......

They say they raided 25 homes and busted 24........Thats a high success rate.....theyre doing something right.......
Click to expand...

24 arrest does not mean 24 houses were found with drugs. In fact, it probably means the exact opposite. I reckon that each house busted would probably net about 1.5-2 arrests each... thats 12-18 out of 25, not 24...
 
Personally, I think people should be raided for having high electricity bills, society needs to put more pressure on to stop people wasting energy. To me it is mind-boggling that people can be charged for a bit of pot but are able to waste energy willy-nilly at an incalcuabale cost...
 
I love how this story made front page of Yahoo in the news section. Will bring it to more light in the public. Its funny, the cops only hurt themselves here.
 
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