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Arguements heard in Blaine Co. marijuana grow case

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By Benito Baeza

03/30/10

Daniel Edwin Collins is accused of running an alleged marijuana growing operation in his home north of Ketchum. Police say they recovered several plants and items used for growing marijuana back in 2009.

Tuesday, according to testimony given by one of the detectives with the Blaine County Sheriffs Department, authorities were tipped off by an informant that allegedly new what Collins was doing in his home.

What the prosecutor in the case wants to do is, keep the identity of the informant unknown and prevent the person from testifying, along with keeping a recorded telephone conversation with authorities from being used. But, the issue wasn't argued at this hearing; instead it was decided by the judge to hold off on this argument.

Also, what is called a "franks hearing" may be held, which would determine if statements made by police in the affidavit to obtain a search warrant were false.

However, it’s up to the judge to decide if such a hearing would be held, and the judge wanted more from defense that shows the exact portion of the affidavit that is false.

The majority of the days hearing had to do with an alleged Miranda violation concerning the right to council during police questioning and an alleged search and seizure violation surrounding the time the search warrant was served on Collins residence.

The hearing was extended until earlyMay where the other issues will be argued.


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