Latest Case: United States v. Blomquist (Criminal Law)

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United States v. Blomquist

Dockets: 19-2112, 19-2111

Opinion Date: October 7, 2020

Judge: Thapar

Areas of Law: Criminal Law

The warrant to search Blomquist's father's property permitted a full search of the property, including outbuildings. Officers encountered Blomquist walking out of a chicken coop. He waived his rights, took the officers to the garage, and gave them paperwork, which he said authorized a medical-marijuana operation. They returned to the chicken coop. Blomquist took them inside and showed them several rooms full of marijuana plants, explaining that he moved the plants to nearby greenhouses in warmer weather, then took the officers there. Blomquist never suggested that the structures were on someone else’s property, nor was there any visible evidence indicating as much. Blomquist took the officers back to his father’s garage and let them into a locked attic room that contained 37 pounds of pre-packaged marijuana. Blomquist’s medical-marijuana operation was not legal because he had a federal drug felony on his record and he stored more marijuana than distributors were allowed to possess. He admitted to selling marijuana to a drug dealer (who lacked a medical marijuana card). Blomquist had also broken several federal laws. Charged with manufacturing, possessing, distributing, and conspiring to distribute marijuana. 21 U.S.C. 841, 846. Blomquist moved to suppress the evidence. Blomquist established that the chicken coop and greenhouses were on his cousin’s property, which was not covered by the search warrant. The Sixth Circuit affirmed the denial of the motion. Blomquist consented to the more expansive search.