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Marijuana Law – Keyed to Mikos
Massachusetts v. Camerano
Facts
Drug task force officers engaged in a fly over surveillance over Defendant’s house, Antonio Camerano. The officers saw a green-colored, roofless structure where vegetation appeared to be growing. When the officers returned to the base, some of the officers obtained a warrant to search the open structure. Upon execution of the warrant, the officers learned that the residence belonged to Defendant and his wife. Approximately sixty feet behind the residence, the officers found the roofless structure that they saw when conducting the fly over surveillance. Additionally, approximately one hundred feet behind the roofless structure was a trailer. Behind the trailer, the officers found a blue utility trailer. There were no neighbors within one hundred yards of Defendant’s property. The officers noted that the aroma of marijuana was so strong that they could smell it from a distance of about sixty feet. Defendant’s wife denied knowledge of what was going on in the roofless enclosure. Robert Howell, a tenant of the Defendant that lived in the trailer, was also present was found to be the owner of the marijuana found on the premises. Thereafter, the officers searched Defendant’s residence and found no drugs or drug paraphernalia, no key to the roofless enclosure, or anything to connect Defendant to the marijuana. Nevertheless, the jury found Defendant guilty of conspiracy to possess marijuana with the intent to distribute it.
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