Pelfrey said prosecutors were forced to take a dismissal in the Kristopher Patterson and Jennifer Leigh Johnson case after the court granted motions to suppress all the evidence in the case.
The defense, Pelfrey said, felt officers in the January case didn't have sufficient reason to enter Patterson's house, located in the 800 block of Carolina Street.
Pelfrey said the state believed the officers had good intentions and acted on good faith in looking for a potential domestic violence victim. Current laws, however, do not recognize the good faith effort. Upcoming legislation will allow that.
Johnson, 24, at the time, was charged with possession with intent to sell and deliver marijuana, manufacturing schedule VI, felony possession of marijuana, maintaining a dwelling and misdemeanor possession of drug paraphernalia.
Johnson was not at home when her boyfriend was arrested, Captain Andy Jackson of the Roanoke Rapids Police Department said at the time of her arrest.
Jackson said the charges against Johnson reflected she allegedly knew there was an indoor growing operation in the house on Carolina Street.
Patterson. 27, was arrested two days before his girlfriend.
Officers seized 11 plants valued at $10,000 each, watering and ventilation systems and lighting and planting materials.
Officers from A Squad were following up on the domestic violence call when they discovered the operation in about a 10 by 12 back room of the house.
Patterson faced charges of possession with intent to sell and deliver marijuana, manufacturing schedule VI, felony possession of schedule VI, maintaining a dwelling and possession of paraphernalia.
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