Man wins hearing in pot bust appeal
FAIRBANKS - A North Pole man in federal prison could be freed if his attorney can prove drug agents never showed him a complete search warrant before raiding his home and discovering marijuana plants.
In a decision released Thursday, the 9th U.S. Circuit Court of Appeals ruled that a U.S. District Court judge must reconsider the case of Darrell Ridgway, sentenced to five years in prison nearly a year ago after he was convicted of manufacturing a controlled substance.
At issue is whether Drug Enforcement Agency officers provided Ridgway with paperwork specifically outlining what they would be looking for before they entered his house in January 2001 and found 135 marijuana plants, root systems and a small amount of loose marijuana.
"It's important to citizens that (authorities) can't just rummage, they have to be limited to something specific," said federal public defender Sue Ellen Tatter.
Drug Enforcement Agency agent Cary Freeman testified at Ridgway's preliminary hearing that when he approached Ridgway's house, he had only a general search warrant form, according the Appeals Court ruling.
However, during a later hearing on Ridgway's motion to dismiss evidence against him, Freeman testified he did bring the document into Ridgway's home and showed it to him.
The District Court judge refused to bar the evidence. The Appeals Court ruling Thursday states the judge erred by not conducting another hearing before making the decision.