KEYC - Defense Questions Search Warrant Used in New Ulm Marijuana Case

Defense Questions Search Warrant Used in New Ulm Marijuana Case

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NEW ULM, Minn. -

New Ulm Police officers were cross-examined on the witness stand Wednesday in Brown County Court.

The matter at hand surrounds Jon Hansen, II.

Hansen is facing multiple felonies after authorities say they found several grams of marijuana last winter. But Hansen's defense is questioning whether the search was even legal.

At issue in today's court hearing in Brown County, was whether a search warrant for John Hansen's home had enough probable cause. And to that question, the prosecutor declined KEYC News 12's request for an on-camera interview, but the defense argues 'no.'

Local authorities drafted a search warrant after receiving a tip call from a person who wished to remain anonymous.

"It's our position that the information provided to the New Ulm Police Department was insufficient," said Calvin Johnson, defense attorney for Jon Hansen. "The individual was not identified and they wished to remain anonymous."

The application portion of the warrant says a New Ulm Police Officer received a call from a female who wanted to reporting an active marijuana grow. The caller stated a friend of hers said she can smell a strong odor of marijuana coming from Hansen's mobile home. The document goes on to say the friend mentioned four or five large plants.

Prior to the law enforcement search, two officers were sent to the mobile home and smelled marijuana. The officers themselves did not report actually seeing any of it. However, the search warrant used was signed by Judge Robert Docherty.

"So the question here is whether the court has enough information to issue a warrant based on the smell of marijuana itself," said Johnson.

A future court date in the matter has been set for October 30.

Hansen's defense team has filed a motions seeking to have evidence suppressed and the charges dismissed.