U.S. v. Kelley
6 F.Supp.2d 1168
D.Kan.,1998.

50 Fed. R. Evid. Serv. 321

Defendant who was charged with possession of marijuana with intent to distribute, and conspiracy to possess marijuana with intent to distribute, moved to suppress evidence, and government moved in limine to exclude testimony of defendant's proffered expert. The District Court, Crow, Senior District Judge, held that: (1) officers had probable cause to arrest defendant, who was seen driving vehicle which had earlier dropped off individual who went to tend hidden marijuana plants; (2) warrantless search of vehicle was justified; (3) government failed to show that it had obtained consent for warrantless search of defendant's residence from his wife; but (4) probable cause existed for issuance of search warrant for residence; and (5) witness who was co-founder of magazine advocating marijuana legalization and use was not qualified to testify as defense expert.
Granted in part and denied in part.