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City man nabbed on growhouse charge says search illegal

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David Brock

DOVER, N.H. - A Rochester man is fighting the legality of a January police search at his home that netted more than 100 pot plants.

David Brock, 52, of 25 Anita St., was charged with felony manufacturing of a controlled drug on Jan. 12.

Rochester Police were called to the house around 7:30 p.m. that night after New Hampshire Probation and Parole Officers called them after seeing evidence of marijuana in the home while visiting the residence to check up on one of their clients.

The home was immediately secured as officers applied for a search warrant which was granted.

However, defense lawyer Stephen Brown of Rochester filed a motion to suppress all evidence from the search saying it was unconstitutional.

Probation and Parole officers had asked Brock if they could search the house after smelling marijuana, which Brock reportedly agreed to.

The large growing operation was found soon after.

Brown in his motion argued the smell of marijuana only showed the marijuana had been used in the residence in the past and not that an immediate crime had been committed.

Prosecutors in their filings regarding the motion said the search was legal since Brock agreed to it.

Brock's next court hearing is set for February.

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