David Scarberry and Rose Martin, along with their attorney Richard Ballard, appeared in court Thursday in relation to methamphetamine charges, and requested a motion to suppress. Martin and Scarberry testified that they didn’t explicitly give officers permission to search the bedroom they rented from Amy Ahlenius.
When officers arrived at the residence in Monterey following a tip regarding an active meth lab, Ahlenius, the owner of the residence, said that she did not give officers permission to enter the residence but did tell them that Scarberry and Martin were present in their rented bedroom. However, Ahlenius said that Martin and Scarberry were not the only people that used that room, and there was other stuff in the room that was left by other occupants.
Detective Robert Olejniczak, one of the arresting officers, gave his testimony and said that he was given permission to search the bedroom, found plastic tubing and aluminum foil in plain sight, and turned up a glass plate with residue and blister packs of pseudoephedrine after a light search.
Hall took this request under advisement but did not make a ruling at this time.