Should The Greenhouse Where Defendant Was Seen Growing Marijuana?

2052 WordsApr 17, 20169 Pages
ISSUE PRESENTED FOR REVIEW Whether the greenhouse where defendant was seen growing marijuana was outside the curtilage of defendant’s home, when the greenhouse was twenty-five yards from the home, was not within the home’s enclosure, and its door had been left open? STATEMENT OF THE CASE On April 2, 2015, Sergeant Alfred Mabely (“Mabely”), a twenty-five year veteran of the Cornwall County police department, observed Grace Trevethyn (“defendant”) growing marijuana in her greenhouse. R.9, 15. Mabely went to defendant’s home to apprise her of poachers in the neighborhood and to follow-up on rumors that defendant was growing marijuana in her greenhouse. R.10, 20. Defendant was in debt, and had half of her furniture repossessed. R.12. Despite this, she had recently upgraded her greenhouse and the new lights illuminated the night sky. R.12. Earlier, two women, giggling and acting strangely, told Mabely that defendant was growing a new tea in her greenhouse. R.11. Mabely thought it was odd to grow tea in a greenhouse, as it was usually grown on open lands. R.12. Although Mabely knew that defendant grew orchids and hosted tea parties in the greenhouse, he suspected that she was growing marijuana in the greenhouse. R.12, 18-19. The front of defendant’s property has waist-high stone walls separating the backyard from the driveway area, while the back of the property abuts state parklands and has no separating wall. R.13, 10, 16. A gravel path leads from the driveway to the

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