Pubdate: Thu, 19 Jun 2008
Source: Fort Collins Coloradoan (CO)
Copyright: 2008 The Fort Collins Coloradoan
Contact: http://www.coloradoan.com/customerservice/contactus.html
Website: http://www.coloradoan.com/
Details: http://www.mapinc.org/media/1580
Author: Hallie Woods
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

JUDGE WANTS MORE BRIEFINGS ON POT CULTIVATION CASE

A Fort Collins couple cited an illegal search and their  medical
marijuana registration as reasons a judge  should dismiss charges
against them for marijuana cultivation.

Nicole and Alexander Baatsen said Larimer County  Sheriff's Office
investigators illegally searched their  south Fort Collins home in
2007 when they ignored  Nicole Baatsen's comments denying them access
to the  home.

Sheriff's investigators searched the home Sept. 21  after surveying
the home several times, sheriff's  investigator Josh Sheldon said in
court Wednesday.

Investigators said they had probable cause to search  the house when
the couple opened the door and the smell  of raw marijuana wafted out.

Sheriff's investigators said they did not have a search  warrant but
had received written and verbal consent to  search the house from
Alexander Baatsen upon their  arrival at the Baatsens' home. They said
they received  no verbal refusal from Nicole Baatsen.

"At no point did Miss Baatsen say 'don't search my  house,' " Sheldon
testified in court.

Nicole Baatsen did not sign a consent form and did not  give her
husband consent to speak for her, the defense  argued.

"A woman's home is her castle, too," the couple's  attorney Robert
Corry Jr. said after the hearing. "All  the occupants have
constitutional rights."

Corry said the case could be dismissed on grounds of  illegal search
or because the Baatsens are registered  medical marijuana patients -
though they did not get  their registration card until a few months
after  charges were filed.

"The judge has two ways out of this," he said.

Judge James Hiatt asked for further briefings on the  case before a
decision would be made.

"I think this is an important issue," he said.
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MAP posted-by: Steve Heath