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Has Sheriff in Phelps Pot Case Gone Too Far?

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Old Feb 12, 2009 | 10:53 AM
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http://www.abcnews.go.com/TheLaw/sto...6862261&page=1

Two South Carolina defense attorneys are questioning the motives of Richland County Sheriff Leon Lott, who is pursuing criminal charges against eight people who allegedly smoked marijuana with Olympian Michael Phelps.

"It is a fascination if not an effort to destroy a public hero," said Joe McCulloch, an attorney for one of the suspects, today on "Good Morning America." "He's the sheriff, not the Terminator!"

Authorities recently executed search warrants at two private homes in Columbia, S.C., and arrested eight people for marijuana possession in connection with an investigation into the photo of Olympic swimmer Phelps holding a bong. Less than an ounce of marijuana was confiscated by sheriff's deputies, sources told ABC News.

"This is ridiculous. This is about college kids smoking pot and in no way justifies 12 officers entering a house with guns drawn to terrorize college kids," said attorney Dick Harpootlian, who is representing another suspect.

The lawyers would not name their clients, who each face up to 30 days in jail and a $200 fine if convicted on the pending charges, according to The Associated Press.

Lott would not comment today to "GMA," but said earlier in the week that Phelps should not get a free pass because he is a celebrity.

"The sheriff has a responsibility to not turn a blind eye because someone is a celebrity," Lott told ABC affiliate WIS-TV. "I just don't think you can have something like this done and publicized and say, 'I'm sorry and we're supposed to forgive you.'"

But even South Carolina Gov. Mark Sanford questioned Lott's judgment. "I don't see what it gets at this point," Sanford said on Fox News's "Geraldo at Large."

McCulloch and Harpootlian believe Lott may want to bring charges against Phelps himself. Harpootlian said that his client and others were "extensively interrogated" about Phelps.

"What they are trying to do is get somebody to say, 'I was there, that was Michael Phelps, he was smoking marijuana,' so maybe they can charge him," McCulloch said.

Bong, Partially Smoked Joint Confiscated

One of the properties was identified by the sheriff's department as a location where marijuana was "frequently stored and consumed," according to the search warrant affidavit, which also said police searched trash from the property that had been left by the road for collection.

Sgt. M.A. Poole of the Richland County Sheriff's Department appeared before a judge Feb. 6 to request the search warrants.

Sheriff's spokesman Lt. Chris Cowan would not confirm the arrests, but said there is an ongoing investigation into whether Phelps or others broke the law during a party -- allegedly held in November 2008 -- where Phelps was photographed with a bong in his hands.

Property taken during one of the raids included computers, marijuana -- including a partially smoked joint -- a bong, a cell phone, a portable drive and a camera, according to the sheriff's inventory from the search.

Phelps' Bong On eBay?

Legal sources close to the men arrested denied reports that the bong allegedly used by Phelps was put up for sale on eBay. The exact whereabouts of that bong, or whether it was the one seized in the raid, could not be confirmed.

The legal sources also questioned why the sheriff has focused resources on a raid to arrest marijuana users when the city has experienced a spate of violent crime, including several armed robberies at ATM machines in recent weeks. According to The State newspaper, there was a fatal shooting at a Bank of America ATM on Jan. 21.
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Old Feb 12, 2009 | 11:06 AM
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So, now 13 people want to kill the jerk who took and posted that photo.
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Old Feb 12, 2009 | 11:28 AM
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-dude who took the photo needs to be beaten with something blunt and heavy
-local sheriff needs to be beaten with something blunt and heavy
-anyone who dropped phelps from ad campaigns for this crap needs to be beaten with something blunt and heavy
-phelps should have shrugged his shoulders and ignored this instead of apologizing. no denial, no admission, nothing, just ignore it.
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Old Feb 12, 2009 | 11:34 AM
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Originally Posted by thebig33tuna,Feb 12 2009, 02:28 PM
-dude who took the photo needs to be beaten with something blunt and heavy
-local sheriff needs to be beaten with something blunt and heavy
-anyone who dropped phelps from ad campaigns for this crap needs to be beaten with something blunt and heavy
-phelps should have shrugged his shoulders and ignored this instead of apologizing. no denial, no admission, nothing, just ignore it.
haha, you said 'blunt'
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Old Feb 12, 2009 | 11:39 AM
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F that. phelps is great. The sherriff is jealous.
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Old Feb 12, 2009 | 11:45 AM
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Hahaha all that man power and UNDER an ounce.

We got raided by about 10 narc officers...

The lead sherrif had to leave the house since there were so many plants in it and his allergies were getting the best of him. I think we had about 36 going at that time and i had a half lb of smokable goodies in a glass jar. Ahhhh being a teenager was fun

They had to leave empty handed, good ol' cannabis cards...It was awesome, aside from the fact they kicked in our door
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Old Feb 12, 2009 | 11:46 AM
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Law enforcement is almost always going too far just because they have a badge!! Most don't use common sense and most are bullies that think they know everything there is to know about the law but yet they don't.
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Old Feb 12, 2009 | 11:47 AM
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Sooo when are we going to kick in the doors of every rapper in america?
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Old Feb 12, 2009 | 11:55 AM
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Originally Posted by KeithMajkasays,Feb 12 2009, 12:47 PM
Sooo when are we going to kick in the doors of every rapper in america?
exactly! how many times have you seen videos of Snoop Dogg or any random Joe Schmoe with a bong or joint or something.

i think this is ridiculous. it needs to get dropped because no one gives a shit except that dumbass fuk'n sheriff. he's going too far.
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Old Feb 12, 2009 | 12:26 PM
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Wow what a great use of tax money! Because I'm sure the $200 fines will cover all the resources used for this stunt... ****ing idiots.

Is this going to send a message to young kids not to smoke pot? No, it will just alienate them from law enforcement even more.

...and I've never touched pot.
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