CLARION, Pa. (EYT) — Charges were recently dropped in the case against a Strattanville man accused of operating a marijuana grow in Shippenville.
Brian R. Spence, 54, of Strattanville, faced a felony count and two misdemeanors after Punxsutawney-based State Police served a search warrant on October 26, 2015, at a trailer located at 2411 East End Road in Shippenville.
State Police officers found 104 live marijuana plants as well as numerous bags of potting soil, marijuana grow lights, timers, electric ballasts, and hydroponic water tube in the trailer Spence had been renting for more than two years.
Spence faced the following charges:
- Manufacture, Delivery, or Possession With Intent to Manufacture or Deliver, Felony
- Use/Possession Of Drug Paraphernalia, Misdemeanor
- Intentional Possession of Controlled Substance By Person Not Registered, Misdemeanor
But, on March 17, attorney Blair Hindman filed a motion on Spence’s behalf to suppress the evidence based on an improper traffic stop that led to the search warrant for the trailer.
“The Trooper testified that he stopped my client’s truck because the rear bumper was too high, but they offered no supporting evidence for that,” Hindman said. “After that, it was an easy decision for the judge to rule any evidence found after the traffic stop inadmissible. And, without their evidence, they had nothing left.”
“They could appeal, but it’s not very likely,” Hindman added.
Clarion County District Attorney Mark Aaron said his office is reviewing the case to see what, if any, options they may have.
The original complaint stated that Spence had been the focus of an investigation into a possible marijuana grow operation at 2411 East End Road, Shippenville.
Punxsutawney-based State Police received information that Spence had allegedly been operating a marijuana grow and on October 21, 2015, investigators began conducting surveillance on the trailer.
The windows were covered with black material but there was artificial light seen around the windows and out of the vent above the stove, the complaint continues.
Spence’s truck was seen at the trailer by police on October 21, 2015, and again October 26, 2015, the complaint states.
On October 26, 2015, an interview was conducted with the landowner, and at approximately 11:35 a.m., he stated that Spence had been renting the trailer from him for $300.00 a month, and this was always paid in cash, the complaint indicates.
Spence had been renting for approximately 2 to 2 1/2 years. Approximately a month and a half ago, the landowner was at the door and was able to observe approximately 20 to 30 live marijuana plants growing inside the trailer. There was also grow lights hooked up, according to the complaint.
