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Federal Judge Tosses Charges In Grow House Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: January 29, 2009

TAMPA - A federal judge has dismissed charges against a Lutz man accused of growing marijuana in his home, finding that state troopers illegally searched the home after a traffic stop.

Ariel Quintana, 33, was stopped for speeding in Collier County on June 6. A trooper reported detecting the strong odor of marijuana in Quintana's car but found none of the drug.

Quintana was charged with driving without a license. During the arrest, Trooper Yoenis Garcia looked in Quintana's cell phone without permission and found intimate photos of Quintana's wife and a photo of what appeared to be a marijuana grow house, according to court records.

Quintana told the trooper the photo was sent to him by someone else. But Trooper John Wilcox radioed investigators in Hillsborough County and told them he suspected a growing operation at Quintana's house.

Trooper Steve Varnell, his son, Trooper Steven E. Varnell and Trooper Justin May went to the home, which was surrounded by a fence with an electronic driveway gate. There was also a latched gate about 30 feet from the driveway gate. From outside the fence, the troopers could detect no evidence of a crime, according to a report by U.S. Magistrate Elizabeth Jenkins.

At his father's instruction, the younger Varnell jumped the fence and unlocked the gate, letting the other troopers inside. As they approached the house, they smelled a strong odor of marijuana, Jenkins wrote. They also heard "mechanical sounds" coming from the garage and saw that windows had been blacked out.

The Varnells entered the garage and concluded the house was the site of a grow operation. They telephoned Wilcox at the scene of the traffic stop. Wilcox read Quintana his rights and told him what the troopers had found at his house.

Quintana then admitted he had about 175 marijuana plants and gave the troopers consent to search his home, Jenkins wrote.

In her report to U.S. District Judge Steven D. Merryday, Jenkins concluded the search of Quintana's cell phone was a violation of his right against unreasonable search. Likewise, the actions of the troopers at Quintana's home were unconstitutional, she concluded.

Merryday adopted Jenkins' report and granted a motion by defense attorney Daniel Castillo to suppress the evidence. He then granted a motion by the prosecution to dismiss the indictment.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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