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Friday, December 3, 2010

Court uproots farmer’s marijuana conviction

Online Comment of the Day

HEADLINE: Court uproots farmer’s marijuana conviction

SUMMARY: The state Supreme Court effectively reversed Lull Farm owner David Orde’s marijuana conviction Tuesday, finding that a Hollis police officer violated his privacy while trying to serve notice of a lapsed dog license. Chief justice nominee Linda Dalianis dissented from Judge Gary Hicks’ ruling, arguing that Orde had no reasonable expectation that the deck alongside his house was a private space.

COMMENT: Great news for Dave! But my question is this – if the police obviously knew he was at the farm, why didn’t they just go there to serve the late dog license violation notice? After they trespassed on his personal property, they called him at the farm and told him to come home. (122658)