Karma

BACKGROUND

The marijuana at issue was seized in January of 1999 while the Police Bureau investigated a reported marijuana grow at the residence of Richard LeBus and Maria Jackson. While the police were still searching for the grow, Kama arrived at the LeBus-Jackson residence in a pick-up truck, and after being questioned, he admitted to an officer that he had marijuana on his person. Kama voluntarily surrendered the marijuana to the officer and told the officers that he smoked marijuana only for medicinal purposes. Kama admitted also to being involved in the marijuana grow.

Although Kama was never prosecuted, the City of Portland (“Portland”) did not return the marijuana seized from him by the Police Bureau and now held by Portland. In August of 1999, Kama filed a motion for return of property in the Cir- cuit Court for the State of Oregon for Multnomah County, requesting return from Portland of the 2.49 grams of mari- juana and the marijuana confiscated from the grow. The state court granted the motion as to the 2.49 grams but denied it as to the other marijuana. The state appellate court affirmed the decision.

Unhappy with the state court’s order to return the mari- juana to…