hotrodharley
Well-Known Member
http://www.lcsun-news.com/ci_21462272/mans-drug-case-drags-into-6th-year?source=most_viewed
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SANTA FE -- With a military helicopter and their own semiautomatic weapons, New Mexico State Police officers supposedly were looking for operators of marijuana plantations.
But on a summer day in 2006, they instead locked their sights on a 71-year-old man named Norman Elwood Davis.
He heard the thunderous sound of the helicopter above his home in Taos County. At least six armed officers entered his property. One, Sgt. William Merrell, wanted permission from Davis to search it.
Davis asked what would happen if he refused. Merrell said, "Well, then we will secure the residence. That's up to you."
Pressed about allowing a search, Davis said, "Sure. Looks like they're searching anyway."
Merrell asked Davis if any marijuana plants were in his greenhouse. David admitted there were, 14 to be exact.
Then Davis signed a consent form for the search, even though he said, "I don't know if it is in my best interest."
The search turned up the marijuana plants and drug paraphernalia. Prosecutors subsequently obtained an indictment against Davis.
His lawyer fought back, filing motions to suppress the evidence on grounds that helicopter surveillance of Davis' property was illegal.
More important, Davis said he did not voluntarily consent to the search.
State District Judge John M. Paternoster ruled that the helicopter flyover was "just barely permissible." The chopper belonged to the National Guard, but was used by police on their surveillance for "marijuana plantations".
Paternoster rejected Davis' other argument, finding that the search was valid and not a product of police coercion.
Davis entered a conditional guilty plea, then appealed the judge's ruling.
After six years and many legal twists and turns, the case is heading to the New Mexico Supreme Court for oral arguments on Sept. 10.
At this stage, Davis may have the upper hand, having won the most recent legal battle.
A three-judge panel of the state Court of Appeals ruled last year that Davis faced extraordinary police pressure and therefore the search was not voluntary.
"In our view, the district court failed to consider the totality of the coercive circumstances brought to bear on defendant. The obtrusive presence of officers, vehicles and a helicopter was at least one factor supporting a finding of coercion, and the officers were heavily armed, carrying both their service handguns as well as AR-15 semiautomatic weapons," the appellate court judges stated.
They ruled that Paternoster erred in denying Davis' motion to suppress the evidence.
The state attorney general's staff is challenging that decision in its appeal to the New Mexico Supreme Court.
Davis said he used marijuana to ease the pain of osteoarthritis. Now 77 years old, he will be represented at the hearing by a state public defender.
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SANTA FE -- With a military helicopter and their own semiautomatic weapons, New Mexico State Police officers supposedly were looking for operators of marijuana plantations.
But on a summer day in 2006, they instead locked their sights on a 71-year-old man named Norman Elwood Davis.
He heard the thunderous sound of the helicopter above his home in Taos County. At least six armed officers entered his property. One, Sgt. William Merrell, wanted permission from Davis to search it.
Davis asked what would happen if he refused. Merrell said, "Well, then we will secure the residence. That's up to you."
Pressed about allowing a search, Davis said, "Sure. Looks like they're searching anyway."
Merrell asked Davis if any marijuana plants were in his greenhouse. David admitted there were, 14 to be exact.
Then Davis signed a consent form for the search, even though he said, "I don't know if it is in my best interest."
The search turned up the marijuana plants and drug paraphernalia. Prosecutors subsequently obtained an indictment against Davis.
His lawyer fought back, filing motions to suppress the evidence on grounds that helicopter surveillance of Davis' property was illegal.
More important, Davis said he did not voluntarily consent to the search.
State District Judge John M. Paternoster ruled that the helicopter flyover was "just barely permissible." The chopper belonged to the National Guard, but was used by police on their surveillance for "marijuana plantations".
Paternoster rejected Davis' other argument, finding that the search was valid and not a product of police coercion.
Davis entered a conditional guilty plea, then appealed the judge's ruling.
After six years and many legal twists and turns, the case is heading to the New Mexico Supreme Court for oral arguments on Sept. 10.
At this stage, Davis may have the upper hand, having won the most recent legal battle.
A three-judge panel of the state Court of Appeals ruled last year that Davis faced extraordinary police pressure and therefore the search was not voluntary.
"In our view, the district court failed to consider the totality of the coercive circumstances brought to bear on defendant. The obtrusive presence of officers, vehicles and a helicopter was at least one factor supporting a finding of coercion, and the officers were heavily armed, carrying both their service handguns as well as AR-15 semiautomatic weapons," the appellate court judges stated.
They ruled that Paternoster erred in denying Davis' motion to suppress the evidence.
The state attorney general's staff is challenging that decision in its appeal to the New Mexico Supreme Court.
Davis said he used marijuana to ease the pain of osteoarthritis. Now 77 years old, he will be represented at the hearing by a state public defender.