Felony pot-growing charge dropped over search issue

[Silent_Bob]

http://www.unionleader.com/Felony-pot-growing-charge-dropped-over-search-issue_

MANCHESTER — A Bennington man accused of operating a marijuana grow operation in three empty apartments in downtown Hillsborough will not serve a day in prison after felony charges were dropped.

Assistant Hillsborough County Attorney Brett J. Harpster said he dismissed felony charges of manufacturing and possessing a controlled drug with intent to distribute against Dana Grano, 53.

"They were going to fight that police violated his Fourth Amendment right (which covers unreasonable searches and seizures)," Harpster said of Grano's attorney. "I was very concerned about that and we, quite frankly, thought they would prevail on it."

On Wednesday, the Bennington man pleaded guilty in Hillsborough County Superior Court to a Class A misdemeanor charge of possession of a controlled drug and received a 12-month suspended sentence and a $350 fine, plus 24 percent penalty plea.

When Grano was arrested, Hillsborough police said they were tipped to the marijuana grow operation by a Deering police officer who went to an apartment on an unrelated matter, saw a marijuana plant and informed Hillsborough police.

Harpster said in reducing the charges, it was a case of getting some sort of conviction or going ahead with the suppression hearing and getting nothing if the evidence was tossed.

"Was he totally held accountable? Absolutely not, but that's our Constitution and that's what you have to follow," Harpster said.

He explained prosecutors have to decide when to fight and when not to fight and ultimately coming to a sound decision, which he believes happened in this case.

"It can be frustrating at times, but it is a reality," he said.

Grano did not have a prior record, he said.

When Grano was arrested last April, Hillsborough police said they seized 85 pot plants as well as processed marijuana from three empty apartments at 15 Bridge St.

Capt. Ian Donovan at the time described the operation as being "a pretty big, massive indoor-grow operation. This was a professional operation."

Grano's attorney, Olivier Sakellarios of Sakellarios and Associates in Manchester, did not return calls requesting a comment.

[Jay]

Sounds like the kind of thing that might happen if you find a grow op from the people that are paying off the cops.

[Jim Johnson]

"....plus 24 percent penalty plea"

......the fuck is that?

[Jay]

"....plus 24 percent penalty plea"

......the fuck is that?

NH tacks on a 24% increase to all fines.

[blackie]

It was a magic trick.

From when this dude was originally arrested:

http://www.unionleader.com/article/20150430/NEWS03/150439931

The building has a small magic shop on the ground level. At this time, police are not sure the magic business was operating but did notice products and a cash register.

Hillsborough police were tipped off by a Deering police officer who went to the apartment on an unrelated matter and noticed a plant.

"When Grano opened the door the Deering police officer observed a marijuana plant out of the corner of his eye and came to us to say what he found in our town," said Donovan.

"It's hard to crack down on drug dealers or manufacturers in town. Drug users are a lot easier because they are more careless and we find them in cars at stops."

"Dealers and manufacturers are a lot more difficult to come across unless you have someone giving you information. If they are smart enough, they will keep a low profile," said Donovan.

[MaineShark]

"....plus 24 percent penalty plea"

......the fuck is that?

Rather than go through and raise each fine separately to account for inflation, they just added a percentage increase on all fines.  Because the fact that they could not reasonably form a bill to cover all fines separately did not clue them in to the fact that maybe there are too many separate laws...

They periodically raise the percentage.

Interestingly, the penalty assessment used to be 20%.  And, as noted the fine for simply possession of marijuana is typically $350.  Plus 20%.  So, get out your calculators and find out why defendants were laughing when they were being sentenced...

[blackie]

It only raises the fines if the courts are involved. If you get a speeding ticket and just pay it, there is no penalty assesment.

http://www.gencourt.state.nh.us/rsa/html/xv/188-f/188-f-31.htm

The state treasurer shall deposit 66.66 percent of the amount collected in the police standards and training council training fund, 16.67 percent of the amount collected in the victims' assistance fund, and 16.67 percent of the amount collected in the judicial branch information technology fund.

[Jim Johnson]

.....explain Penalty Plea

[MaineShark]

.....explain Penalty Plea

Poor grammar.

They meant, "12-month suspended sentence and a $350 fine, plus 24 percent penalty" as the plea.

There was no grammatical reason for them to add the word "plea" at the end.  Probably a case of someone starting a sentence, getting up, then coming back to finish it and not remembering that the beginning already said that it was a plea deal.  Either that, or they were visited by the department of redundancy department and tried to put on a good show...

[Free libertarian]

  Live free or die.   

[Free libertarian]

.....explain Penalty Plea

The justification for this is also coincidentally the reason a dog licks his balls. 

[Jim Johnson]

.....explain Penalty Plea

The justification for this is also coincidentally the reason a dog licks his balls.

...because he doesn't have a girlfriend?

[WithoutAPaddle]

...Probably a case of someone starting a sentence, getting up, then coming back to finish it and not remembering that the beginning already said ...

We're all susceptible to doing that...    That and making the wrong click when the spell-check ingestions suggestions drop box opens.

[MaineShark]

...Probably a case of someone starting a sentence, getting up, then coming back to finish it and not remembering that the beginning already said ...

We're all susceptible to doing that...

Indeed, but if someone is a professional writer, they should be utilizing a proofreader/editor.

[WithoutAPaddle]

Last time I checked, the State of Tennessee's statutes actually had a section regarding, "On Premise Liquor Licenses".   If I ever open a bar there, I'm going to name it "Aristotle's".

And then there was the Virginia statute that said that when a car approached a School Bus that had it's red flashing lights on, the driver had to, "stop the bus", rather than "stop at the bus".  That error did not relieve that driver or any other driver from his being required to stop that or any other bus whose red flashers were on, and thereby being in violation of that statute when having failed to do so.  He was found not guilty at trial because the state offered no evidence that he had not stopped the bus, as required,  but if it had..." ,