RULING IN DRUG-NUISANCE CASE COULD AFFECT SARASOTA'S DRUG ENFORCEMENT

SARASOTA -- The city's practice of filing nuisance abatement cases
against landlords when their tenants are arrested in drug
investigations has been called into question by a recent court ruling.

Sarasota Circuit Judge Bob McDonald concluded Jan. 9 that the city
tried to penalize Beresford Powell, the owner of a North Sarasota
apartment building, for illegal activity that he was not aware of.

The ruling focuses on the city's use of drug operations in which
undercover police officers or informants try to buy drugs from
suspected drug dealers inside their homes.

The judge explained that these sting operations are a legitimate
method when used to go after drug dealers.

However, McDonald questioned the use of such methods to build a case
against the property owner of an apartment complex in which the drug
dealer lives.

The city did not notify Powell of the confidential drug buys before
filing a nuisance abatement case against him.

City Attorney Bob Fournier has asked the judge for clarification on
whether his ruling applies to other nuisance abatement cases the city
has filed.

Fournier did not know how many cases could potentially be
overturned.

The part of the ruling that questions the use of undercover
operations raises a flag because the police department "commonly
uses" that method in nuisance abatement cases.

"Is this permissible under the law?" Fournier said about using
undercover operations in nuisance abatement cases. "We've been
working under the assumption that it has been, and we believe it is."

McDonald pointed out several weak points in the city's case against
Powell.

In all three instances at the 2700 Palmadelia Avenue apartment, there
was no evidence that Powell knew of any drug activity going on in the
apartment units. The landlord conducted background checks before
renting any of the units.

During the Jan. 3, 2007 drug bust, several people were charged with
selling or buying drugs, but Powell's tenant was not present at the
time of the arrests, and was not charged.

The tenant was evicted -- for stealing electricity from a neighbor --
before the police department notified Powell of the drug bust, the
judge's ruling says.

After a second undercover operation in another unit in the same
building, the police department did not inform Powell of drug activity.

Powell's attorney, Gwendolyn Powell Braswell, who is also his
daughter, said Powell has evicted tenants in the past after
detectives told him of suspected drug activity.

She also said her father would have preferred working with police to
being penalized for drug sales he did not know about.

"If he had to, he would have taken prompt action," she said. "But he
was never notified."