Morley man asks judge to throw out drug evidence, marijuana and various grow supplies, found in his storage unit

A police drug dog 'alerted” for narcotics on a Morley man's storage unit in Cedar Rapids and a search by investigators, who received a Crime stopper's tip, turned up over 1,100 grams of marijuana, grow or plant lights and other drug-related items.

Halsey Lee Hunt, 35, the renter of the storage unit, asked 6th Judicial District Judge Chad Kepros Tuesday to toss out evidence from the search because there was no probable cause to search and it violated his constitutional rights of privacy and from unreasonable search and seizures.

First Assistant Linn County Attorney Nick Maybanks argued the dog alert on its own is enough to get a search warrant and the renter didn't have the 'expectation to privacy” because there are 120 units at the keyless entry storage facility, which was accessible any time of day by other renters.

Kepros took the motion under advisement and said he would get a ruling out before the end of the month. Hunt's trial is set for Oct. 12.

Hunt, was charged in April following the March 12 search of his storage unit with possession with intent to deliver a controlled substance-marijuana and drug tax stamp violation. According to testimony Tuesday, officers found duffel bags of marijuana, weighing about 1,141 grams, along with grow or plant lights, aluminum foil, fertilizer and other paraphernalia.

James Mohni, owner of Cedar Storage Southeast at 808 Vernon Valley Drive SE, testified all the units in the gated and locked storage facility share a common driveway and area outside each unit. There's no private common area.

The renters can assess the units 24 hours a day, seven days a week and Mohni and his wife could be showing units or working at facility at any time, Mohni said. Law enforcement and fire officials also can access the facility and units.

Mohni said the renters, including Hunt, are required to sign a rental agreement, which says the owner may enter the units for inspection without prior notice and certain items are not allowed to be stored, including 'unlawful” items, such as narcotics.

Mohni said he received a call from a Linn County Sheriff's deputy, saying they suspected there was drugs in Hunt's unit, 1115.

Al Willett, Hunt's attorney, asked if there had been problems with Mohni before March.

Mohni said no.

Linn County Sheriff's Dep. Chad LeMense, a K-9 officer, testified he was told by a supervisor or detective to take his partner Gucci, trained to detect various narcotics including marijuana, to check out a specific area in the storage facility. He said the investigators got a tip from Crime stoppers, an anonymous caller, reporting a unit in that area had a large amount of marijuana.

LeMense said he and Gucci walked around about 20-25 units before Gucci started pulling him, almost to the ground, when they got about three to four units away from Hunt's. Gucci then alerted on unit 1115.