JUDGE: SEARCH VIOLATED CHIEF'S RIGHTS

A District Court judge said Wednesday that a search warrant served on
the Poplar police chief's home that led to his arrest on
marijuana-related charges violated his constitutional rights and
ordered all evidence seized using the warrant suppressed.

In a court order signed Wednesday, 15th Judicial District Judge
Richard Cybulski said the warrant violated Poplar Police Chief Chad
Hilde's Fourth Amendment rights, which guards against unlawful
searches and seizures.

"It is ordered the search warrant dated July 30, 2010, is quashed,
all evidence seized pursuant to the warrant is suppressed and all
items seized must be returned," Cybulski wrote.

The Roosevelt County Attorney's Office turned over prosecution of the
case to the Montana Attorney General's Office. The attorney working
on the case was not available for comment Thursday, but Department of
Justice spokeswoman Judy Beck said no new action had been taken as of
Thursday regarding the charges against Hilde in light of Cybulski's order.

She said prosecutors would have to further examine the order before
making a decision.

According to the Roosevelt County Clerk of Court's office, no new
hearing dates for Hilde have been scheduled. Neither Hilde nor his
attorney could not be reached for comment.

On Aug. 3, Hilde was arrested on charges of production or manufacture
of dangerous drugs and criminal possession of dangerous drugs.

Using a search warrant, a county sheriff's deputy found eight
marijuana plants growing in a barn on Hilde's property north of
Culbertson after a runaway juvenile told law enforcement about them,
according to charging documents. Hilde showed officers a medical
marijuana card for Kristofer Boyd and a state form requesting that
Terry Boyd be named Kristofer Boyd's caregiver.

In an Aug. 2 e-mail sent to The Gazette, Hilde said he was allowing a
friend to use the building to legally grow marijuana under the
state's medical marijuana program.

"The use was in compliance with the State of Montana Medical
Marijuana Program and the qualified patient was entitled to possess
the amount that was seized from the building," he said in the e-mail.

Hilde made his initial court appearance in early August and was
released after posting a $10,000 bail.

In his order, Cybulski said there is no definition of where a
licensed medical marijuana patient or caregiver can grow the plants.
He went on to say that the information in the warrant was incomplete
and a further review of what was known to law enforcement when the
warrant was issued does not show likely criminal activity on Hilde's part.

"The omitted exculpatory facts are important and clearly would have
significantly impacted the Justice of the Peace's decision," Cybulski
wrote. "Public policy cannot allow the police to edit exculpatory
facts when applying for a warrant as it undermines due process."