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Honest Mistake: Sheriff Destroys Pot Look-Alike

By The Associated Press

A federal appeals court says it will not hold a former Gulf Coast sheriff liable for an honest mistake in destroying plants that resembled marijuana but were found to be deer bait. Honest Mistake: Sheriff Destroys Pot Look-Alike

Published: Mon, July 14, 2008 - 5:19 pm

GULFPORT, Miss. (AP) - A federal appeals court says it will not
hold a former Gulf Coast sheriff liable for an honest mistake in
destroying plants that resembled marijuana but were found to be
deer bait.

The 5th U.S. Circuit Court of Appeals sided with a federal judge
in Mississippi who in 2005 threw out property owner Marion
Waltman's lawsuit against then-Harrison County Sheriff George H.
Payne Junior.

Waltman sought damages from Payne for the destruction of 500
kenaf plants grown as deer food on land he leased for a hunting
club.

Payne says it was an honest mistake when he and other law
officers destroyed what they thought were marijuana plants.

A federal judge ruled Payne was acting within his official
capacity and within the scope of discretionary authority.

The 5th Circuit agreed, also saying Payne's search was legal
under the "open fields" doctrine, which allows officers, under
certain circumstances, to seize evidence in plain view without a
warrant.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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Honest Mistake: Sheriff Destroys Pot Look-Alike

Photo Courtesy: Sun Herald

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meluck Says:

Fri, Aug 01, 2008 at 9:32 pm

This story just proves where their priorities are, burning deer food, wow, isn’t their crime to fight LOL, isn’t that what we pay them for LOL? I bet they where mad when they figured out they had nothing to smoke LMAO

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DEW26M Says:

Tue, Jul 15, 2008 at 5:37 pm

HAHAHHAA, I’m loving the comments. I think it was more like “There’s NO WAY those high school kids are gonna buy this stuff. That commercial weed we usually confiscate from people is WAYYYYYYYY better!!!” LMMFAO!!!!! This story cracks me up, I hope like hell these are not the same cops you need to come aid you in an EMERGENCY situation!!!! They might arrest you thinking you the crook!!!

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carl Says:

Tue, Jul 15, 2008 at 4:46 pm

I guess now the owner will get a bill for bush hogging.

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Opinionwriter Says:

Tue, Jul 15, 2008 at 4:01 pm

Next time I get caught speeding I’ll claim the now court proven “honest mistake” clause. They’ll let me go too, right?
Seriously though, I thought if the government seizes your (legal) property it is the law that they have to give you a fair price for it.

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carl Says:

Tue, Jul 15, 2008 at 11:36 am

SHEEZAM, Jest me and Barney and goober, sheriff Taylor was getting his hair cut over to Floyd’s.

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BamaBob Says:

Tue, Jul 15, 2008 at 9:35 am

Was Barney and Gomer in any way a part of this bust?

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BamaBob Says:

Tue, Jul 15, 2008 at 9:34 am

The more I think about this the stranger it seems. If this sheriff found this field of dreams, wouldn’t he first check to see who owned the property and then maybe stake the place out? Wouldn’t busting the pot farmer be better than just hauling in the crop?
__
Maybe this sheriff wasn’t invited to join the hunting club....

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MeAmerican Says:

Tue, Jul 15, 2008 at 9:18 am

Why? I’m not a doughnut.

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carl Says:

Tue, Jul 15, 2008 at 9:12 am

Don’t you say the doughnut word, they’ll be looking for you.

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MeAmerican Says:

Tue, Jul 15, 2008 at 9:09 am

Out in the middle of those weeds, you could tell them hidden is box of...oh never mind.