Hollis Police Officer Angelo Corrado went to Lull Farm owner David H. Orde home to serve him with a complaint for failing to register his dog.  Officer Corrado went to the front door and found only the screen door shut and a car in the driveway.  The Officer assumed that someone must be at home.  When no one answered the front door, he went around to the deck, to serve the complaint.

Officer Corrado found 16 marijuana plants growing in pots on the deck.  The police then called Orde to meet them at his home.  When he arrived Sgt. Richard Mello asked Order to explain the plants found growing on the deck.  Orde didn't deny growing the marijuana and stated he smoked a little pot, and that it was for his own use and that he never sold it.

Hillsborough County Superior Court Judge James Barry heard testimony from the Hollis Police Officers, mainly concerning the lapsed dog license that brought them to the Orde home.

Animal Control Officer Jane Belanger testified that Orde was 1 of 49 dog owners the police had to serve notice to.  ACO Belanger stated the violation that carries a maximum fine of $50.  It costs $6.50 a year to license a dog in New Hampshire, $9 if the dog isn't neutered or spayed and the deadline for renewal is April 30th.  The town sends out reminders by mail but when the dog is not registered by the due date, the town selectmen sign off on a "civil forfeiture" complaint.  The authorized fine is $25, but the state allows a maximum fine of $50 if the town has to bring the dog owner to court to collect.

Officer Corrado testified that he typically gets 15 to 20 complaints to serve each year and that the sooner he can deliver those complaints he could get pack to more pressing police work.  His only intent was to serve the notice.

Sgt. Richard Mello testified that Order admitted to growing the marijuana plants.  Now the judge must decide whether police had any business going around to the side of the house.

Orde's, 54 lawyers argued that the search of the property was illegal and that all the evidence against them should be suppressed.  If the judge rules against the Orde's they could be convicted on felony marijuana growing charges.

Judge Barry did not make any immediate ruling.

Update 8/6/08:  Andrew H. Orde, 18 was arrested and charged with manufacturing and possession of a controlled drug.

Andrew Orde was released on $5000 personal recognizance bail.  His arraignment will be on August 27th in Nashua District Court.

Update 4/8/09:  Judge James Barry ruled that David Orde had no reason to expect that visitors would not walk around to the deck of his home after getting no answer at the main door to his home at 2 Blood Rd.

Steve Maynard and William Christie, Orde's lawyers argued that the police had no legal basis to be at the home because town officials failed to follow the correct process and the complaint was technically defective.

Judge Barry also ruled that the validity of the complaint has nothing to do with serving it.  The judge stated that "Service of process is undoubtedly a legitimate reason for entry onto someone's property".  Further the judge stated that Mr. Orde erected no gates, fences or other impediment to access and there were no signs posed to warn people away.

Update 4/21/09:  Andrew Orde now 19 began serving his 30 days in jail sentence.  Andrew Orde plead guilty to a misdemeanor marijuana possession charge.  Orde was originally charged with a felony charge of growing marijuana.

Orde was also fined $2000 and will be on probation for 1 year.

Update 5/5/09:  Judge Barry ruled Orde's admission to the police can be used as evidence against him.

The ruling leaves Orde with 2 options; he could plead guilty and reserve his right to appeal or he could go to trial and hope the jurors would clear him of the charges.

Update 5/20/09:  After Judge Barry ruled that the evidence police seized at Orde's home was legal, Orde now hopes to persuade the judge that his statements to the police should not be used against him.

A hearing on this motion is scheduled for May 28th.  Orde is now scheduled to stand trial in June on the felony marijuana growing charge, which carries a maximum of 3 1/2 to 7 years in prison.

Orde argued that because police asked him to meet them at his home, he was thought he was in custody and that he was not given his Miranda rights before speaking to the officers.

The prosecutor, Assistant County Attorney David Tencza counters that Orde was not in custody and that he also made additional and similar incriminating statements after his arrest which were unprompted by any police questioning.

The motion to suppress was filed by Orde's lawyer.

On April 13th, Judge Barry refused to reconsider Orde's suppression order as well as his request to appeal the ruling before the trial, a process known as an "interlocutory" appeal.  This decision means that in order to appeal the judge's decision to the state Supreme Court, the Orde's would first have to stand trial and be convicted.  You cannot appeal if you plead guilty or are acquitted.

Update 6/6/09:  Orde will stand trial on June 22nd.  Jeffrey Denner of Boston, Orde's new lawyer plans to contest every aspect of the case.  Denner was one of the lawyers in the Clark Rockefeller kidnapping trial.

Orde has been free on bail since his arrest.

To date Orde has lost 2 legal challenges, giving him potential issues for appeal if he is convicted.  Denner plans to contest many aspects of the case, but will not urge jurors to acquit Orde despite the evidence, a strategy known as jury nullification.

New Hampshire juries are instructed to acquit defendants if they have reasonable doubt, and that they should convict if the evidence establishes a person's guilt beyond a reasonable doubt.  Judges can overrule a jury's conviction but not an acquittal.

Gary Pelletier, another of Orde's lawyers stated his job is to force them to their proof.

Orde's lawyers also plan on hiring a marijuana expert to testify about the useable amount of the drug that the plants produce as possession of less than an ounce of marijuana is a misdemeanor offense.

Update 6/25/09:  Orde's trial has been postponed.  A shortage of Hillsborough County Superior Court judges has caused the postponement.

Update 9/15/09:  Orde was convicted and sentenced to 12 months in jail with all but 60 days to be suspended on felony marijuana growing charges.  However Orde will remain fee on bail while he appeals his case.  Orde is seeking an appeal on the legality of the search of his home and admissibility of his statements.

Update 12/2/10:  The state Supreme Court reversed Orde's marijuana conviction finding that he police violated his privacy while trying to serve a notice.

The court ruled that Orde had a reasonable expectation that the deck alongside his house was a private space.

Orde spent $150,000 to fight the felony charges.

Reference:

The Nashua Telegraph