The lawyer for a man accused of growing $400,000 worth of marijuana at a Gardnerville Ranchos residence is expected to file a motion Monday to suppress a search warrant and the 50 pounds of evidence seized that led to the arrest.
A hearing to determine whether there was enough evidence to proceed with the case was postponed Thursday when lawyer Derrick Lopez said he intended to file the motion on behalf of client James Gilbert, 41.
"Our motion to suppress is based on the fact that the affidavit for the search warrant doesn't contain evidence that it was unlawful for the resident to grow marijuana," Lopez said.
"Therefore, if there is no valid warrant, the evidence is suppressed," he said.
The state will have an opportunity to respond to the motion and East Fork Justice Jim EnEarl is to hear arguments on Nov. 22.
Gilbert, 41, was arrested after a drug raid at the home he shared with Teresa Jo Ortega.
The suspects maintained they had medical marijuana permits from the Nevada Department of Agriculture.
Gilbert and Ortega were accused of having 11 mature plants growing in their back yard. The medical marijuana permit he held reportedly allowed Gilbert to have three mature plants and four immature plants.
Lopez said at an earlier hearing the home's previous tenant also had a permit, which would have allowed the pair to have 14 plants in all.
Ortega bailed out of jail and Gilbert was released on his own recognizance and placed on house arrest under the supervision of the alternative sentencing department.
EnEarl modified a previous order Wednesday and allowed Ortega to return to the residence.
Both suspects are forbidden to use drugs, alcohol or cultivate marijuana.
EnEarl said if Ortega needed to use marijuana medically, she had to do it at a different residence and was not allowed to drive.
