Marijuana case crumbling

CEDAR CITY — Felony drug charges against three California men carrying medical marijuana prescriptions at the time of their arrest could be dismissed now that a judge has ruled police illegally obtained the evidence against them.

"We are very happy this is over. It's been an interesting 35,000-mile journey," said Dennis Peron, 57, from his home in California on Thursday. "This case was about the Fourth and Sixth Amendments. The Fourth Amendment is put there to protect us from police coming into our homes or private rooms and conducting illegal searches. They had plenty of time to get a warrant and they didn't do it."

Peron was arrested at a Cedar City hotel in November 2001 and charged with a third-degree felony count of engaging in a criminal enterprise and a misdemeanor possession of drug paraphernalia. John Entwistle Jr., 38, and Kasey Conder, 19, also were arrested on charges of third-degree felony possession with intent to distribute and misdemeanor possession of drug paraphernalia. If convicted, the men could have been sentenced up to five years in prison.

Fifth District Judge J. Philip Eves ruled Monday that since police did not have a search warrant when they entered the men's hotel room all evidence obtained during the search was inadmissible. Evidence obtained later from the men's vehicle must also be tossed, even though police had a warrant for that search, the judge ruled.

The three men were on an extended road trip and planned to see Zion National Park and other Utah sites when they stopped in Cedar City for the night, said Peron. All three were carrying medical prescriptions for marijuana written by California doctors. That state's Compassionate Use Act, passed in 1996, allows the possession of marijuana for medical use, although Eves earlier ruled the prescriptions were invalid in Utah. Peron and Entwistle say they use marijuana to treat alcoholism, while Conder uses it to treat depression.

Iron County Attorney Scott Garrett said when officers arrived at the hotel they smelled marijuana coming from the room and knocked on the door. Once the door was opened, officers asked to enter and one officer put his foot in the door. Police found marijuana, brownies laced with pot, and cash in the room and car.