Bartow County police said they arrested more than 60 people after finding stolen guns and drugs during a house party. But the Georgia chapter of the NAACP said Friday most of the drug charges should be dropped because officers didn't have the right to search the home, which had been rented for the party.
“We believe, based on what we know from the police report and independent witnesses and video, that there was a violation of people’s Fourth Amendment rights,” Attorney Gerald Griggs told The Atlanta Journal-Constitution on Friday. The Fourth Amendment protects citizens from unreasonable searches and seizures of property.
News of the arrests spread quickly online and through social media, where the group arrested was dubbed the “Cartersville70.” A GoFundMe fundraising page was created to help with legal costs. The page’s creator said the party-goers were college students, held down jobs or were in the military.
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In addition to the 65 adults arrested and charged with misdemeanor marijuana possession, several minors were also arrested. Those arrested range in age from 15 to 31, according to police. No details were released on whether anyone faced additional charges.
The NAACP contends that the house and those attending the party were unlawfully searched. Griggs said citations could have been issued, rather than arresting the party-goers.
“It’s simply not possible for 70 people to possess the same alleged small amount of marijuana,” Griggs said.
The Bartow-Cartersville Drug Task Force said officers obtained a search warrant before entering the Cain Drive home, where they allegedly found the drugs.
“All the subjects at the residence were placed under arrest for the possession of the suspected marijuana which was within everyone’s reach or control,” Major Mark Mayton, commander of the joint drug task force, said in an emailed statement.
Bartow County District Attorney Rosemary Greene, who has met several times with Griggs and other NAACP leaders, said her office will review each case file before making a decision on prosecution.
“We will evaluate the merits of each case once we have reviewed all the reports and evidence,” Greene said in an emailed statement. “Based on that review, a decision will be made on the prosecution of those individuals. We are working to expedite this process and render a decision as soon as possible.”
At 2:30 a.m. Sunday, Cartersville officers were called to a home on Cain Drive on a report of shots being fired in the area, according to a press released from Mayton.
“Responding officers observed marijuana in plain view and initially recovered a semi-automatic handgun,” Mayton said.
The Cartersville officers the drug task force officers to assist in the investigator, and the home was searched after a magistrate judge signed a search warrant, Mayton said. Mayton declined to comment on the ongoing investigation Friday.
“There will be a point when we are ready to lay it all out there,” Mayton said. “It’s just not at this time.”
Griggs said he has been in contact with other civil rights group and has 35 lawyers on standby to represent those arrested, if needed.
“Our hope right now is that Bartow County will make the right decision in this case,” he said.
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