“This girl isn’t dangerous for a joint.” The police chief’s newspaper was canceled by the TAR

ANCONA She is found with a joint of hashish, the police commissioner exiles her from Ancona for a year. You, resident in Liguria, appeal to the TAR against the expulsion order and win: the prevention measure must be cancelled. «She is not a dangerous person», is the summary with which the judges of the Marche Administrative Court accepted the appellant’s complaints. The woman was stopped by the police on November 14, 2023. She was found in possession of a joint containing tobacco and hashish with a total gross weight of 0.54 grams. The seizure of the substance was followed by the notification of the expulsion order on 31 January 2024.

The Iron Fist

A measure taken by the police commissioner Cesare Capocasa on the basis of various elements: the woman had been stopped in an “area notoriously frequented by drug addicts and people involved in the illegal activity of buying and selling drugs”; the “cautious modes of behavior, combined with the attempt to escape the sight of the operators” were also considered. Last but not least, their presence in the city had been linked, by virtue of the frequented area, “to the sale of narcotic substances”. All this had led to the Ligurian being classified as a “socially dangerous person”. The appellant, supported by the lawyer Daniele Labbate, argued that the measure ordered by the police commissioner was excessively serious compared to the tenuousness of the disputed fact, i.e. the possession of the joint.

«In the case under examination – explain the TAR judges – from the evidentiary evidence it does not emerge in any way that the appellant is dedicated to criminal trafficking, habitually lives, even in part, on the proceeds of criminal activities, is dedicated to the commission of crimes which offend or endanger the physical or moral integrity of minors, health, safety or public tranquility”. Conversely, it emerged that the woman was in Ancona “for reasons related to her professional activity”. And again: «Not even the requirement of social danger can be traced back to the only disputed episode, from which a particular tenuousness emerges given that the gross weight of the cigarette containing cannabis was just over half a gram».

Not even the condition of the neighborhood where the check took place (presumably on the Piano), «subject of assiduous (and praiseworthy) checks by the police due to the drug dealing phenomena widespread there or the accompaniment, in this potentially occasional case, with “compromised” subject, can objectively attribute to the appellant the condition of dangerousness, which, conversely, has a necessarily subjective character”. For all these reasons, the Ligurian’s appeal was accepted.

© ALL RIGHTS RESERVED

Read the full article at
Adriatic Courier