HUTCHINSON, Kan. – Judge Trish Rose after hearing arguments and testimony in a marijuana cultivation case Thursday took the motion to suppress in the case under advisement.

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

Buhler Police Chief William Tracy took the stand and told of him 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 and one contained what the officer believed to be marijuana.

They then went inside the home in the basement, they found the roughly 131 marijuana plants.

Defense Attorney Lynn Burke argues that the search was done without a warrant by Buhler Police Officer William Tracy and the owner of the property. Tracy apparently obtained a search warrant and then confiscated the drugs plants. The defense contends that they wouldn’t have discovered the marijuana it wasn’t for what they say was a warrantless search.

Deputy District Attorney Tom Stanton argued that the owner had a right to check his property once he learned that Conners had been arrested.

Again Judge Rose took the matter under advisement.