Judge will allow marijuana evidence at Morley man’s trial

A judge ruled Thursday a Morley man had no expectation to privacy when a search of his storage unit by authorities turned up 1,141 grams of marijuana and other drug paraphernalia.

Halsey Lee Hunt, 35, asked the court to toss out evidence found in his rented storage unit at Cedar Storage Southeast, 808 Vernon Valley Drive SE, on March 12, because he argued there was no probable cause to search and it violated his constitutional rights of privacy and from unreasonable search.

Hunt didn't want the evidence of the marijuana and other drug related items to be submitted at his trial. Hunt is charged with possession with intent to deliver a controlled substance-marijuana and drug tax stamp violation. According to testimony from a previous hearing, officers found duffel bags of marijuana, along with grow or plant lights, aluminum foil, fertilizer and other paraphernalia in the unit.

Sixth Judicial District Judge Chad Kepros said in his ruling Cedar Storage owner James Mohni had authority to allow a sheriff's K-9 officer entry into the common area of the facility to investigate an anonymous tip from Crime Stoppers. Hunt didn't have an expectation of privacy in the common area surrounding his unit because the areas are accessible to tenants of the 125 units. The landlord also had access and law enforcement had its own access code for security purposes.

Kepros pointed out the lease also informed the tenants he and other authorities could enter the facility for inspections. It also stated the units couldn't be used for illegal goods.

Kepros also ruled the K-9 officer's dog sniff wasn't an unreasonable invasion of Hunt's privacy. He found the dog's sniff of the exterior of the storage unit wasn't an unreasonable search because the 'scent of contraband is detected” but the content of the unit remains private.