Marijuana Policy Project

ST. JOHNSBURY Caledonia County State's Attorney Robert Butterfield defended state police handling of a Lyndon pot bust last summer in documents filed in Vermont District Court on Monday.

Before a short motion hearing continued from last Friday, both sides filed arguments in writing asserting their positions in a felony pot cultivation case involving Robert Elmes, a Lyndon businessman and former selectman. Judge Thomas Zonay on Friday questioned whether Elmes was legally in police custody during an initial search for marijuana and should have been read Miranda rights or whether police should legally have started searching Elmes' residence before handing him a warrant.

The case arose in August after a state trooper spotted by helicopter what he believed were marijuana plants growing on what turned out to be Elmes' property. Three armed officers reported to the scene about 20 minutes later just as Elmes was attempting to drive away, according to court testimony. Police arrested Elmes for felony cultivation and misdemeanor possession after questioning Elmes and searching the residence and grounds.

Police testified they obtained a judge's signature for a search warrant before the full search began, but started gathering evidence before handing the warrant to Elmes. Butterfield said in documents filed Monday that the law does not require police to serve a warrant to the owner of the premises before the search begins.

Defense attorney David Sleigh filed three motions to suppress evidence and a motion to dismiss the felony cultivation charge because, Sleigh wrote, untrained people are not able to spot pot growing from the air. Sleigh also wrote police searched Elmes' property without a warrant and without consent.

Butterfield countered Sleigh's assertions in writing, saying Elmes responded "yeah" when State Police Sgt. Brian May asked to search the property. Butterfield also noted Elmes was an "active participant" in the initial backyard search, and even suggested "other possibilities (i.e. neighbors, kids, other trails) for growing marijuana on his property."

Before seeking a warrant, police found two marijuana stems and several freshly dug holes near a well-worn trail leading from Elmes' mowed lawn into a more densely vegetated area. Marijuana seeds, instructions for growing marijuana, maps, a pipe and a trash bag of freshly cut marijuana were found after police obtained a search warrant.

Zonay met with Sleigh and Butterfield privately in chambers Monday after hearing additional testimony from Trooper Matt Amadon and May, comparing sworn testimony to information contained in the affidavit. A written decision is forthcoming, according to a court clerk.