Man found with 132 pot plants wants evidence suppressed

[Silent_Bob]

http://www.unionleader.com/article/20151123/NEWS03/151129791

ROCHESTER — A Rochester man who was arrested after a large-scale marijuana growing operation was discovered in his home says law enforcement violated his constitutional rights when they seized 132 pot plants and other equipment from the Anita Street residence.

David Brock, 53, was arrested on Jan. 12, after probation and parole officers with the New Hampshire Department of Corrections reported finding marijuana plants in his home to Rochester police.

Officers Jason Wirth, Ben Densmore and John Boisselle went to Brock's house to check on Steven Langlois, who was living there. Court paperwork says the officers had reason to believe Langlois was using illegal drugs, and was not participating in a court-ordered treatment program.

Once Shawn Hutchins, who was also living at the house, opened the door, the officers could smell the odor of marijuana, court paperwork says.

Hutchins told the officers Langlois was not home, and they asked if they could enter the residence. Hutchins allowed them in.

Brock told the officers Langlois was at an AA meeting, and they asked him to show them around the house. Inside a computer room closet they found a gallon-sized bag of marijuana.

There was a curtain in the closet, and when Wirth moved it out of the way, he found several rows of marijuana plants, court paperwork says.

The officers contacted Rochester police, who obtained a warrant. Brock was arrested, and the plants, lights and other growing equipment was collected as evidence.

Through his private defense attorney, Stephen Brown, Brock recently submitted a motion to suppress all of the evidence found inside his home.

"The odor of marijuana only established that at some point in time in the past, an unknown individual possessed, or used marijuana. It does not establish a reasonable suspicion to believe that a crime had recently been committed, was being committed, or was about to be committed," Brown said.

Brown went on to argue that probation and parole officers have limited authority.

"Even assuming a police officer might have grounds for a search based upon the smell of marijuana under certain conditions, a probation and parole officer has such limited authority relative to search and seizure that the odor of marijuana could not justify the search of dwelling rooms in a dwelling controlled by a non-probationer," Brown said.

Prosecutors argue the search and seizure was constitutional because Brock voluntarily showed the officers around his house.

Brock was indicted in May on a special felony charge for knowingly growing up to 91 marijuana plants. He could face 10 to 20 years in prison, and a fine of $300,000, if convicted.

Jury selection in Brock's trial is scheduled for Feb. 23.

[Free libertarian]

  Good thing they didn't find the Jews hiding in the attic.

[Riddler]

Room mate is a moron...never should have let 'em in....

[WithoutAPaddle]

Rochester must be trying to diversify its economy.  Based on what I see on the front pages of Foster's, the business that employs the most people there is heroin dealer, with armed drug store robber a distant second.