Acquitted on a Technicality | Costa Tropical Gazette News

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A man who was caught with an indoor plantation in his house and taken before the court, has been acquitted over whether the police obtained clear permission to enter.

The incident took place on the 5th of October, 2020 in the metropolitan area of Granada. On that day a fire broke out in the man’s house where he had hidden away 114 marihuana plants. The Policia Nacional, together with the fire service were called out. However when they arrived the owner said that he had put it out and that there was no problem.

The officers, to make sure that there was no chance of the fire breaking out again, asked permission to enter and check for themselves. The plantation was discovered and the man sent to court. However, the judge considered that the consent given by the owner was not sufficiently clear, so what the police discovered could not be taken as evidence.

This is not how the Public Prosecutor saw it, who had recommended 2-years’ imprisonment and a fine of 8,000 euros. The defence lawyer, on the other hand, had called for the case against his client to be dismissed over the legality of the officers gaining access to the dwelling.

“It cannot be understood at all that the consent given by the owner was given in full consideration of its transcendence, ” explained the judge, adding that the police had asked permission to enter to check that the fire was out and not to search for evidence of a possible crime.

Editorial comment: go figure.

(News: City & Metropolitan Area, Granada, Andalucia)

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