Paul Jessen lived off a rural road east of Republic–a small town in the Northeast corner of the state. His unpaved driveway had a gate and was lined with “No Trespassing” and “Keep Out” signs. On June 29, 2006, a 20 foot extension ladder, aluminum scrap, gas cans and a screen door frame was stolen from a neighbor, according to court records. Ferry County Sheriff Deputy William Huntley was investigating the robbery. Planning to ask Jessen about it, he drove up the driveway, unlatched Jessen’s gate–it wasn’t locked–and pulled up to the house. He never reached Jessen to ask about the stolen door frame or ladder, but the deputy could clearly see into a greenhouse on the property. Inside were a handful of pot plants. Huntley picked up a search warrant and returned, seizing the plants and several firearms. Jessen was eventually convicted only on a single firearm charge. Today the state Court of Appeals ruled no dice on all charges finding that while Huntley was conducting legitimate police business (not related to drugs or guns), he was not on the property with Jessen’s consent, nor could Jessen’s property be construed as accessible to the public by virtue of the gate, remote location and “No Trespassing” signs.
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