HUTCHINSON, Kan. — After Judge Trish Rose suppressed evidence in the case against Darla Conners accused of cultivation of marijuana, the state will present their argument for an appeal of that decision.

Conners and John Galestine are both charged with the cultivation of marijuana for having 100 or more plants as well as being in possession of drug paraphernalia with intent to distribute a controlled substance. The alleged crimes occurred in Buhler between Jan. 30 and Feb. 3, 2014.

Buhler Police Chief William Tracy testified during a hearing back in March 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 argued that the owner had a right to check his property once he learned that Conners had been arrested.

That case will be before the Court Of Appeals who are holding hearings this week in Great Bend.