Suppression motion pending in pot case

SANDPOINT — A motion to suppress is pending in a case in which sheriff’s deputies stumbled upon an indoor marijuana growing operation while hunting for a fugitive.

Defense counsel for George Allen Kapelle contends evidence in the case should be thrown out of court because deputies did not have a search warrant and did not allow him to contact an attorney.

First District Judge Benjamin Simpson heard arguments on the motion on Monday, but the hearing was continued due to time constraints. Another hearing date is pending.

Kapelle, 34, was charged with trafficking marijuana and unlawful possession of a firearm after plain-clothed detectives went to his Samuels home in search of Steven Michael Gervasi, who was wanted on a felony warrant.

Detectives were acting on a tip that Gervasi might be lamming it at an abandoned trailer in the 700 block of Artisan Way, according to court documents.

The trailer turned out to be occupied by Kapelle, who denied Gervasi was there but allowed the investigators to conduct a cursory search to verify the claim. Gervasi was not in the trailer, but the overwhelming odor of marijuana was.

The detectives confronted Kapelle about the odor and he allegedly admitted there was pot growing in the home. Kapelle, according to the police report, offered to destroy the plants, but the deputies advised him they could not overlook the criminal activity.

The deputies counter-offered not to arrest him on the spot if he gave up the plants, but they would have no choice but to seek criminal charges. Kapelle signed a search consent form and 39 plants were discovered in the home, the report said.

Kappelle was further charged with unlawful possession of a firearm because of a burglary conviction in California in 1997.