Judge Trish Rose
HUTCHINSON, Kan. — After hearing arguments and testimony in a marijuana cultivation case and taking the motion to suppress under advisement, Judge Trish Rose has issued her opinion in the case against Darla Conners.
Although she denied the defense request to drop the charges, she granted the defense request to suppress the evidence.
Conners and John Galestine are both charged with the cultivation of marijuana, that being 100 or more plants as well as being in possession of drug paraphernalia with intent to distribute a controlled substance for sale. The alleged crimes occurred in Buhler between Jan. 30 and Feb. 3, 2014.
Buhler Police Chief William Tracy took the stand and told of going to the home with three federal marshals prior to all of this occurring where Conners was arrested on a warrant out of Pennsylvania.
Later, the owner of the property asked Tracy to come to the home because he thought it strange that they were growing flowers in the basement. While walking around the back of the home, they discovered some black bags. One bag contained what the officer believed to be marijuana.
The owner of the property gave Tracy a key and the officer went inside the home and into the basement where he found the roughly 131 marijuana plants. He then came back out and obtained a search warrant, which led to the seizure of the plants.
Judge Rose, in her opinion, says that the record is devoid of an explanation as to why Tracy concluded he had the right to go inside and search without a warrant, even though the owner of the property gave that consent. She admits in that opinion that the owner had assumed possession of the property after Conners was arrested on the Pennsylvania warrant.
Deputy District Attorney Tom Stanton argues that the owner had a right to check his property once he learned that Conners had been arrested. He told us Friday afternoon that he will appeal the decision by Judge Rose, which means the case will be on hold, pending the outcome of that appeal.