State v. Mr. and Mrs. S (DMC No. 17496)

State v. Mr. and Mrs. S (DMC No. 17496) – Felony Cultivation of Marijuana (235 Plants), Felony Possession of Marijuana For Sale, Felony Possession of Dangerous Drugs (Mushrooms), and Felony Possession of Drug Paraphernalia – Not Charged/Forfeiture Action Dismissed – Arizona Department of Public Safety Investigated (DR No. AZ1XXXXXXXX9), and Yavapai County Superior Court (Case No. P1300 CV 20XX-XXXX8):

A detective for Arizona Department of Public Safety received a tip that there was a possible outdoor “Marijuana Grow” in Seligman, Arizona. Two Detectives then went out, and claimed that they could see plants clearly visible from the roadway. They then secured a Search Warrant, alleged in the Search Warrant that they believed there were 50 plants, and maybe 20 more that they couldn’t see. They also had indicated they flew a DPS Air Rescue helicopter over the area, and took photos of the property in which some plants can be seen, and other plants cannot. They alleged that there was a large amount of trees and the use of camouflage netting which obscured their view.

Also in the Search Warrant Affidavit, the Detectives claimed that there was five people living at that address with AMMA Marijuana Program Cards, which would allow for legal growing for personal use only. He also stated that each person could possess 12 plants (for a total of 60), and it appeared there was many more plants in that area than 60. They estimated at least 105 plants.

The Arizona Department of Public Safety then executed the Search Warrant, and found a total of 235 plants. When the took Mr. and Mrs. S into custody to question them, they Invoked their Rights to Remain Silent. It was at that time the services of DM Cantor were secured.

We became involved and immediately obtained copies of all the Search Warrants, and also the photos of the area. In addition, we sent one of our Attorney’s out for a “Scene Visit”, and they stated that you could not see any grow areas from the roadway. In fact, they had to get out a ladder and climb to a height of approximately nine to ten feet, before they could see where the grow areas were. Lastly, we had Mr. and Mrs. S take polygraphs regarding that they had never sold any of their plants to anyone. They both “passed” the polygraphs.

We then put all of the information together, and contacted the Yavapai County Attorney’s Office. When we contacted them, they ultimately made the decision to “Turn Down” charges. However, they already started a Forfeiture Action and had seized an ATV vehicle; a generator, a water pump; a rifle; and an additional generator with grow lights and grow ballasts. Because Charges were no longer going to be brought against Mr. and Mrs. S, we also convinced the Yavapai County Attorney’s Office to Dismiss their Forfeiture Action. Mr. and Mrs. S received all of their property back, and they were Not Charged. Had they had been Charged and Convicted, they could have spent Time in Prison. Instead, they have No Criminal History and Clean Records.

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