Pubdate: Thu, 28 Oct 2010
Source: Billings Gazette, The (MT)
Copyright: 2010 The Billings Gazette
Contact: http://billingsgazette.com/app/contact/?contact=letter
Website: http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Zach Benoit

JUDGE: SEARCH VIOLATED CHIEF'S RIGHTS

A District Court judge said Wednesday that a search warrant served on 
the Poplar police chief's home that led to his arrest on 
marijuana-related charges violated his constitutional rights and 
ordered all evidence seized using the warrant suppressed.

In a court order signed Wednesday, 15th Judicial District Judge 
Richard Cybulski said the warrant violated Poplar Police Chief Chad 
Hilde's Fourth Amendment rights, which guards against unlawful 
searches and seizures.

"It is ordered the search warrant dated July 30, 2010, is quashed, 
all evidence seized pursuant to the warrant is suppressed and all 
items seized must be returned," Cybulski wrote.

The Roosevelt County Attorney's Office turned over prosecution of the 
case to the Montana Attorney General's Office. The attorney working 
on the case was not available for comment Thursday, but Department of 
Justice spokeswoman Judy Beck said no new action had been taken as of 
Thursday regarding the charges against Hilde in light of Cybulski's order.

She said prosecutors would have to further examine the order before 
making a decision.

According to the Roosevelt County Clerk of Court's office, no new 
hearing dates for Hilde have been scheduled. Neither Hilde nor his 
attorney could not be reached for comment.

On Aug. 3, Hilde was arrested on charges of production or manufacture 
of dangerous drugs and criminal possession of dangerous drugs.

Using a search warrant, a county sheriff's deputy found eight 
marijuana plants growing in a barn on Hilde's property north of 
Culbertson after a runaway juvenile told law enforcement about them, 
according to charging documents. Hilde showed officers a medical 
marijuana card for Kristofer Boyd and a state form requesting that 
Terry Boyd be named Kristofer Boyd's caregiver.

In an Aug. 2 e-mail sent to The Gazette, Hilde said he was allowing a 
friend to use the building to legally grow marijuana under the 
state's medical marijuana program.

"The use was in compliance with the State of Montana Medical 
Marijuana Program and the qualified patient was entitled to possess 
the amount that was seized from the building," he said in the e-mail.

Hilde made his initial court appearance in early August and was 
released after posting a $10,000 bail.

In his order, Cybulski said there is no definition of where a 
licensed medical marijuana patient or caregiver can grow the plants. 
He went on to say that the information in the warrant was incomplete 
and a further review of what was known to law enforcement when the 
warrant was issued does not show likely criminal activity on Hilde's part.

"The omitted exculpatory facts are important and clearly would have 
significantly impacted the Justice of the Peace's decision," Cybulski 
wrote. "Public policy cannot allow the police to edit exculpatory 
facts when applying for a warrant as it undermines due process."
- ---
MAP posted-by: Keith Brilhart