## Facts

- Police obtained information suggesting Leo Richardson Crocker Jr. was growing marijuana in his home.
- Officers detected a strong odor of marijuana at Crocker’s residence.
- Police also relied on information that the home’s electricity usage was higher than average over an extended period.
- A judicial officer issued a search warrant for Crocker’s home.
- Executing the warrant, police found marijuana plants, harvested marijuana, and marijuana-growing equipment.
- The State charged Crocker with fourth-degree controlled substance misconduct.
- The superior court ruled the warrant should not have been issued, suppressed all evidence seized under it, and dismissed the charges.
- The State appealed the suppression order and dismissal.

## Issues

1. Whether a warrant to search a home for marijuana evidence may issue based on probable cause that marijuana is present, without probable cause that the possession is criminal rather than constitutionally protected home possession for personal use.
2. Whether the warrant application here established probable cause that Crocker’s marijuana-related activity exceeded protected limits (e.g., at least four ounces) or involved commercial purposes.

## Decision

- The Court of Appeals affirmed the superior court’s suppression of the evidence and dismissal of the charges.
- The court held that, because some adult possession of marijuana in the home for personal use is constitutionally protected, probable cause of marijuana presence alone is insufficient for a home-search warrant.
- The court concluded the application showed probable cause of cultivation but failed to show probable cause that the amount exceeded the protected threshold or that the activity was commercial.

## Legal Principles

- A search warrant must be supported by probable cause to believe the items sought are connected to a crime; probable cause cannot rest on conduct that may be constitutionally protected.
- Under Alaska’s constitutional privacy doctrine, an adult’s possession of less than four ounces of marijuana in the home for personal use is not criminal.
- A judicial officer should not issue a warrant to search a home for marijuana possession evidence unless the application establishes probable cause that the possession falls outside constitutionally protected conduct (such as possession of four ounces or more, or possession for commercial purposes).
- Evidence obtained under a warrant issued without probable cause of criminal marijuana possession must be suppressed.

## Conclusion

Because the warrant application did not establish probable cause that Crocker’s home marijuana cultivation exceeded constitutionally protected amounts or was for commercial purposes, the warrant was invalid, and suppression and dismissal were properly affirmed.


State v. Crocker, 97 P.3d 93 (Alaska Ct. App. 2004)