ANCHORAGE, Alaska (AP - ABC News)Police cannot execute a search warrant in a person's home for possession of less than 4 ounces of marijuana, the Alaska Court of Appeals ruled Friday.
The court ruled in the case of Leo Richardson Crocker Jr., who was charged with controlled substance misconduct after police, acting on a tip, searched his home and found marijuana and growing equipment.
A lower court ruled the search warrant that led to the arrest should have never been issued and suppressed the evidence against Crocker. The appeals court agreed. ..
The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.
The Appeals Court also struck down a 1990 voter initiative that criminalized possession of any amount of marijuana.