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Judge Rules Mushroom Search Legal
    #2532434 - 04/06/04 07:07 PM (13 years, 20 days ago)

http://www.swtimes.com/archive/2004/April/06/news/mushroom_search.html

Judge Rules Mushroom Search Legal
By Marcus Blair
TIMES RECORD ? MBLAIR@SWTIMES.COM

POTEAU ? Two Bokoshe residents will stand trial on charges of illegally growing psychedelic mushrooms, a LeFlore County judge has determined.

Associate District Judge Ted Knight overruled a motion to suppress evidence in the case against [name redacted], 24, and [name redacted], 40, according to a ruling filed Monday.

[Defendants claim] they were unlawfully arrested by police who had an invalid search warrant, according to their motion. The warrant was obtained by Pocola Police Chief Eric Helms after he said a confidential informant bought narcotics from the pair.
Police followed the law when they raided the alleged mushroom lab in Bokoshe, Knight ruled.

Knight found that Helms was acting as a member of the District 16 Drug Task Force when he obtained the warrant and was not outside his jurisdiction, as [the defendants] claimed.

When the task force raided [the defendant's] home in 2002, it found psychedelic mushrooms growing, drying and being processed, court records state. Investigators said the suspects added the mushrooms to their marijuana to produce a heightened sense of euphoria.

The mushrooms were growing in a 50-gallon drum rigged with a watering system and a timer, court records state. The suspects used a dehydrator and coffee grinder to pulverize the mushrooms into a hallucinogenic powder.

Investigators found a book, ?The Mushroom Cultivator,? in a desk drawer, court records state.

The task force also seized marijuana, methamphetamine, a loaded shotgun and weighing scales, court records state.

[The defendants] are charged with cultivating mushrooms containing a controlled substance, possession of marijuana with intent to distribute, possession of methamphetamine and possession of a firearm while committing a felony.

Both face up to life imprisonment if convicted.


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