HUTCHINSON, Kan. — The Kansas Court of Appeals has ruled against the state in its appeal of the decision by Judge Trish Rose to suppress evidence in the case against Darla Conners.

Conners and John Galestine are 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 last year to going to the home with three federal marshals 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 allegedly 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, stated 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 admitted in her 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.

But, the Court Of Appeals ruled against the state in the appeal, meaning that the ruling by Judge Rose stands.