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ANCHORAGE, Alaska - Police cannot execute a search warrant in a person's home for possession of less than 4 ounces of marijuana, the Alaska Court of Appeals ruled Friday.
The court ruled in the case of Leo Richardson Crocker Jr., who was charged with controlled substance misconduct after police, acting on a tip, searched his home and found marijuana and growing equipment.
A lower court ruled the search warrant that led to the arrest should have never been issued and suppressed the evidence against Crocker. The appeals court agreed.
To execute a search warrant, police must have reason to believe the amount of marijuana exceeds 4 ounces or is being used in connection with a crime, the appeals court said.
Attorney General Gregg Renkes said the ruling could hamstring police efforts to stop marijuana growers. He planned to appeal to the state Supreme Court.
"It will be rare that there will be someone who can provide eyewitness information to the amount of marijuana in a growing operation," Renkes said. "At this point, the only way to get a search warrant is for someone to testify to the size of the crop."
Prosecutors argued that the earlier decisions did not legalize marijuana possession in the home, insisting a warrant can be issued if there is probable cause to believe there is any marijuana in a residence.
The court dismissed that argument, saying lower-court rulings defined a constitutional limit to the government's ability to prohibit marijuana possession.
The opinion is the latest in a series of decisions that have carved out protections for possessing marijuana in an Alaska home.
The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.
The Appeals Court also struck down a 1990 voter initiative that criminalized possession of any amount of marijuana.
Miami Herald
MATT VOLZ
Aug. 28, 2004
South FL Things To Do, Restaurants & Nightlife | miami.com
The court ruled in the case of Leo Richardson Crocker Jr., who was charged with controlled substance misconduct after police, acting on a tip, searched his home and found marijuana and growing equipment.
A lower court ruled the search warrant that led to the arrest should have never been issued and suppressed the evidence against Crocker. The appeals court agreed.
To execute a search warrant, police must have reason to believe the amount of marijuana exceeds 4 ounces or is being used in connection with a crime, the appeals court said.
Attorney General Gregg Renkes said the ruling could hamstring police efforts to stop marijuana growers. He planned to appeal to the state Supreme Court.
"It will be rare that there will be someone who can provide eyewitness information to the amount of marijuana in a growing operation," Renkes said. "At this point, the only way to get a search warrant is for someone to testify to the size of the crop."
Prosecutors argued that the earlier decisions did not legalize marijuana possession in the home, insisting a warrant can be issued if there is probable cause to believe there is any marijuana in a residence.
The court dismissed that argument, saying lower-court rulings defined a constitutional limit to the government's ability to prohibit marijuana possession.
The opinion is the latest in a series of decisions that have carved out protections for possessing marijuana in an Alaska home.
The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.
The Appeals Court also struck down a 1990 voter initiative that criminalized possession of any amount of marijuana.
Miami Herald
MATT VOLZ
Aug. 28, 2004
South FL Things To Do, Restaurants & Nightlife | miami.com
