Elected Official Sues Township, Claims Harassment Over Medical Marijuana

[bobandtorey]

THETFORD TOWNSHIP, MI -- A Thetford Township trustee has filed a federal lawsuit claiming a township building inspector and police illegally searched his house after 

 

they suspected he was in possession of marijuana.

 

Eric Gunnels filed a lawsuit in June in Detroit U.S. District Court alleging that township officials violated his constitutional rights when they searched his Lewis Road

 

property roughly 18 months ago.

 

However, attorney G. Gus Morris, who is representing the four officers and building inspector named in the suit, claimed the search was legal because Gunnels was allegedly renovating the house without a building permit.

 

Morris denied the search was in any way connected to marijuana. 

 

 

Gunnels and his Detroit-based attorney, Ben Gonek, could not be reached for comment.

 

The lawsuit claims Gunnels, who purchased the 14007 N. Lewis Road property in December 2013, was removing snow from his driveway Feb. 12, 2014, when he was

 

approached by township building inspector Stuart Worthing.

 

Worthing demanded to search the property, but Gunnels, 35, denied him access because he had not yet begun any construction on the home, according to the lawsuit.

 

The lawsuit claims Worthing left, but he soon returned with a Thetford Township police officer. He again demanded to search the property, but Gunnels refused, according to the lawsuit.

Gunnels' lawsuit claims the officer parked his car outside the property and observed him after Worthing left. The lawsuit claims the officer read Gunnels a text message the

 

officer received that stated Gunnels was "being harassed because 'they suspect marijuana,'" according to the lawsuit.

 

Gunnels has been an outspoken supporter of marijuana law reform and is a scheduled panelist for High Times magazine's Cannabis Cup, which is scheduled later this month for Auto City Speedway.  

 

More police officers, including Chief Robert Kenny, arrived at the home later that evening and demanded to search the home, according to the lawsuit. Gunnels again denied the officers access, the lawsuit says.

 

However, the lawsuit claims that officers held Gunnels at his property for three hours as they obtained a warrant to search the home.

 

Officers obtained a warrant and searched the home. In an interview with The Flint Journal, Morris said officers discovered evidence of unpermitted construction in the home, including plumbing, mechanical and electrical materials.

 

A jar of marijuana was also discovered in the search. Gunnels claims in the lawsuit that the marijuana was legally obtained through the state's medical marijuana law. Morris said the marijuana was not seized by officers.

 

No criminal charges related to the marijuana were ever filed, and Morris said it was ignored by officers.

 

Gunnels, who worked as a construction foreman, was cited for the construction items. The lawsuit claims the citations were falsified, and authorities violated his Fourth Amendment rights by searching the home.

 

Morris denied the allegations, saying state law gives building inspectors the right to search properties where they believe construction is taking place. Police officers were used and a warrant was secured after Gunnels denied the inspector access to ensure that the search was conducted legally, Morris said.

 

"His Fourth Amendment rights were not violated," Morris said.  

Morris added that Gunnels has still not filed a building permit for the property.

Gunnels was elected to the township board in 2012.

 

http://www.mlive.com/news/flint/index.ssf/2015/08/trustee_sues_own_township_clai.html

[ilynnboy]

I swear that we do not Own Anything.

Just pay taxes for it and rent it out from the government coffers.. I mean after all the mortgages were supplied through banks that were bought off by the Federal reserve..

We live in a make believe world,

Almost akin to unreal world?

How is it that you cannot deny people access to your property??

This whole systems stinks like Love canal..

It is All a farce...

WTF is wrong with this world??

Are we all slaves to the systems that we live under/through?

I mean they tried to take my grandmothers property from her because of unpaid property taxes.

That property was staked out when Tennessee was still part of Virginia, for God sKes.

And they claimed sovereign rights ?

How by saying it?

This property has been in our family for over 200 years.. Really?

Edited August 7, 2015 by ilynnboy

[ilynnboy]

How are we to be safe in Our Person our belongings and our Papers?

We had devolved into Animal farm..

So sad

[t-pain]

we must inspect your papers. now we must inspect your house.

 

they found ... building materials?! in a building?! owned by a construction worker?!

thats unheard of! it must be illegal!

[garyfisher]

i'd like to see the warrant affidavit.  FOIA?