A neighbour called the Police on September 21, 2020 to report a strong smell of marijuana coming from the farm. Officers raided the property, dismantled the plantation, arrested six people and seized 724 marijuana plants, 30 kilos of dried buds, 2,360 euros in cash, a machete and drug paraphernalia.
Defence Lawyers, Joana Maria Pol and Josep Miquel Villalonga claimed that the right to the inviolability of the home, with respect to the garden, had been violated, because it was part of the property of the detainees.
Prosecutor's argued that the garden could not be considered part of the home, stressing that “it was dedicated exclusively to the cultivation, drying and preparation of marijuana."
The Court ruled in favour of the lawyers and threw the case out.
"The consent given by the residents of the house was flawed because they were already detained and no lawyer was present, which necessarily leads to the declaration of invalidity of that registry,” the ruling states. “The property is perimeter closed, with the front door closed, without being able to see what is inside, as can be seen in the photographic report of the police statement.”
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