Judge Trish Rose Wednesday took under advisement whether to suppress the evidence seized in a marijuana case against a 30-year-old man accused of being a distributor.

Thomas Delvalle is accused of having over 40-pounds of marijuana in his home in brick form that officials say was a distribution amount.

But, his attorney Dan Monatt claims the affidavits that former Drug Unit Detective Nic Smith filed to get a search warrant are tainted by false of misleading statements and omissions. He claims that Smith himself didn’t personally witness the events he purports to describe. He used records that show that Smith worked basically from 8 a-m to 4 p-m, which means that he couldn’t have been at locations where he claims to have witnessed drug transactions.

But, Deputy District Attorney Tom Stanton argued Wednesday that this is merely a record they file for his pay check, and says it makes no difference what the records show. That form wasn’t filled out by the detective, and says the drug unit detectives rarely work an 8 to 4 shift because that’s not when drug transactions are made.

Wednesday’s hearing for what is called a Franks hearing. This is based on a case where a defendant in a Delaware case with similar arguments. The Supreme Court ruled that the defendant in that case had a constitutional right to test the veracity of a search warrant affidavit by considering evidence outside the affidavit itself.

Monatt in an earlier hearing claimed that Smith didn’t state anywhere in his affidavit for the search warrant that he was relying on other officers or a non-human GPS device when he described the alleged activities of Delvalle. He accused Smith of intentionally or recklessly implying that he personally witnesses all of the events he described.

Charges against Delvalle include possession of marijuana with intent to sell or distribute, possession of cocaine, possession of drug paraphernalia with intent to package for distribution, and no drug tax stamp. This after a search of his home at 3321 Farmington back on March 25 of last year.

Judge Rose said she would issue a written opinion sometime within the next week or so. Stanton says if the judge rules against the state, he most likely would appeal.

Delvalle does have a previous convicted for having a distribution quantity of marijuana in a case that goes back in 2006, around 7 or 8 pounds.