January 24, 2007

A man was arrested yesterday after Key West Police officers observed that he was growing marijuana plants in plain sight in his backyard.

Thomas Merrick, 67, was charged with possession of marijuana
with intent to distribute within 1,000 feet of a church, possession of
more than 20 grams of marijuana and cultivating marijuana for his
illegal gardening.

Officer Brian Leahy was first alerted to Merrick's illegal
activity after a citizen complained that Merrick was growing marijuana
outside his house in the 1200 block of Washington Street. Without
entering the property, Officer Leahy confirmed that there were several
marijuana plants growing in the yard.

Officers then talked to Merrick, who was in his yard. When
asked if he had any illegal plants growing in his back yard, Merrick
initially said no and asked officers if they had a warrant to search his
property. When asked to step outside of his fence so that they could
secure the area while they obtained a warrant, Merrick told them not to
bother with the warrant.

"There's no need for that, I have marijuana plants in the yard," he
allegedly told officers. "There are only a few plants and I use them for
personal use only."

Officers seized 24 marijuana plants from the yard and after getting
Merrick's consent to search his residence, officers seized an aggregate
123.2 grams of bagged marijuana from the house.

In addition, a K-9 search by Officer Keith Rendueles and his dog Daxo
alerted officers to a hidden cabinet in the bedroom where a paper bag
containing five plastic baggies of marijuana was found.

Merrick was transported to the Monroe County Detention Center without
incident.

In the attached picture, Officer Keith Rendueles and his K-9 Daxo, left,
pose with Officer Brian Leahy and the marijuana plants seized from
Thomas Merrick's yard.


[#07-443, Marijuana cultivation]


Christie Phillips

Public Information Officer

Key West Police Department