The drug case against a former WPSD-TV meteorologist and her husband has been dismissed, after a judge ordered the suppression of evidence obtained during a search of their home.
Commonwealth Attorney David Hargrove dropped the charges against Victoria “Tori” Shaw Smoyer and her husband, Tyler Smoyer Monday morning in Graves County Circuit Court, citing a lack of admissible evidence in the case. Judge Tim Stark gave the order Friday to suppress evidence obtained during a Feb. 16 search at the Smoyers' Mayfield home that resulted in their arrest on charges of firearm enhanced cultivation of marijuana, possession of marijuana, and possession of drug paraphernalia after the search reportedly revealed several marijuana plants and firearms.
Hargrove said Kentucky State Police officers went to the home after receiving an anonymous tip about a possible marijuana grow operation there. He said no one answered the door when officers knocked, and they could reportedly smell marijuana. Hargrove said the officers then walked around the back of the property onto some landscaping and looked inside a window, where they reported seeing marijuana growing inside a closet. It was this evidence that was used to obtain a search warrant for the property.
Hargrove said the evidence was thrown out because the court determined that the original search was not legal.
"Basically the court said that when [the officers] went into the landscaping, that went too far and made it an illegal search. Everything that was obtained as a result of that search was inadmissible. Everything that I have, evidence wise, came through that search warrant, so once that is suppressed I don't have any evidence that is usable. I have to dismiss it." Hargrove said.
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