TRI In The News

Judge: Warrantless Search of Albemarle Man's Property for Marijuana OK

From The Daily Progress

Original article available here

Albemarle County Circuit Judge Cheryl Higgins ruled Wednesday that law enforcement officials did not violate the Fourth Amendment by searching county resident Philip Cobbs’ 39-acre home without a warrant.

Officers said they spotted two marijuana plants growing on the property during a helicopter scan of the area.

Cobbs, a 53-year-old former schoolteacher, said he was unaware of the plants seen growing on his property. When police searched Cobbs’ greenhouse, all they found were tomato plants.

“We’ve never seen the marijuana plants. They’ve never presented any marijuana plant in court,” said John W. Whitehead, president of the Rutherford Institute, a local nonprofit organization that is representing Cobbs in the matter.

Attorneys from the Rutherford Institute filed a motion to suppress evidence gathered during the search, but Higgins denied the motion.

“We see these cases all over the country. The Fourth Amendment is in great danger,” Whitehead said. “Police can do whatever they want,” he added. Without protection against unreasonable search and seizure, Whitehead said that the right to private property is also in jeopardy.

Cobbs is scheduled to appear in court July 18 to answer to one charge of misdemeanor marijuana possession. He could face as much as 30 days in jail and a $500 fine if convicted.

“Is the Fourth Amendment alive and well in Albemarle? That’s the question. And we’re hoping a jury is going to say yes,” Whitehead said.