An Ogle County judge will decide in December if a 2024 search of a Woosung man’s home should have been allowed.

Joshua T. Anderson, 40, appeared in court Wednesday, Nov. 5, with his attorney, Mitchell Johnston of Sterling, for a “Franks hearing” to determine the legality of the search warrant that allowed police to search his home in April 2024.

Anderson was arrested April 10, 2024, after the Ogle County Sheriff’s Office Special Operations Unit executed a search warrant at his home in the 700 block of South Central Street in Woosung.

Police said they seized more than 46 pounds of cannabis with an estimated street value of more than $200,000 after what they described as a lengthy investigation.

Anderson is charged with unlawful possession with the intent to deliver more than 5,000 grams of cannabis, possession of 20 to 50 cannabis plants, and possession of less than 15 grams of a substance containing the painkiller tramadol.

He has pleaded not guilty to all of the charges and testified he has a medical marijuana card and was growing the plants for his own use.

A Franks hearing is held to determine if a search warrant was issued based on a false statement made by officers who requested the warrant.

Johnston argued that the warrant did not meet legal standards because the judge who issued it – Ogle County Judge Clayton Lindsay – was not told that Anderson was a Medical Cannabis Qualifying Patient, which allows him to grow plants for his own personal use in his own residence.

Johnston questioned if the search warrant would have been issued if Lindsay had been aware of Anderson’s medical card that allows him to legally cultivate cannabis. Johnston argued that police had “improperly omitted information” when securing the warrant.

On Wednesday, Ogle County Judge John “Ben” Roe heard testimony from two Ogle County sheriff’s deputies and arguments from Johnston and Assistant State’s Attorney Matthew Leisten regarding the information given to Judge Lindsay.

Deputy Joshua Lee and Lt. Michael Halfman - members of the Special Operations Unit - testified that the warrant was requested based, in part, on information from a confidential informant who said they smelled cannabis outside the home.

Halfman said that information, coupled with several weeks of surveillance by officers who observed a silver tent and bright light in the home and fans in the windows in addition to Facebook posts they say Anderson made regarding growing cannabis plants, prompted the request for the warrant.

Halfman testified that police learned Anderson had a valid medical marijuana card during the investigation, but was unsure when they learned that detail.

“We knew he had a medical marijuana card but I don’t know when we had that information,” Halfman said.

“You went before a judge and did not include that information on the affidavit?,” asked Johnston.

“Like I said,” replied Halfman, “I don’t know when I was advised of that information.”

Halfman said he would have put that detail in the affidavit if he had known about it before the search warrant was signed.

“Had I known it at the time of writing the search warrant I would have put it in,” Halfman said. “It may have been after the search warrant was signed. I don’t know.”

Under questioning by Leisten, Halfman said there was an “abundant smell of cannabis” coming from the home. He said police had also compared Anderson’s electric bill with other nearby homes.

“The amount of electric the home used went beyond what he would need to have five plants,” Halfman said.

Johnston said Anderson could possess up to five plants and product from those plants and accused Halfman of “speculating” that Anderson was in violation of the cannabis control act prior to the search warrant being issued.

“It’s pure speculation at this point that there were more than five plants at this point, correct?,” asked Johnston.

Halfman said he believed it was “probable” that Anderson was growing more plants than allowed.

In his closing argument, Johnston said the fact that Anderson had a medical card should have been provided to the judge before the warrant was approved.

“It was improperly omitted information on the affidavit,” Johnston argued. “This important fact was known to these officers and not put on the affidavit to the judge.”

Johnston argued that the omission of the information was done “recklessly or knowingly”.

“I think my client has met his burden,” Johnston told Roe. “I don’t believe our constitution allows police to enter citizens’ homes based on Facebook posts.”

Leisten argued that all the other information gathered by officers was enough probable cause to justify the warrant. He said the omission of the medical card was not “reckless in regard to the truth”.

“A medical marijuana card does not allow the defendant to grow an unlimited amount of plants,” said Leisten. “All the other information gathered shows a pattern of likely violations of the cannabis control act.”

Leisten said Anderson’s medical card only allows him to grow cannabis in his home for his own consumption.

Roe said he will review all evidence and arguments presented at the hearing and would issue his decision at 11 a.m. Dec. 5.

During Anderson’s April 24, 2024, preliminary hearing, Deputy John Shippert, a member of the Special Operations Unit for the Ogle County Sheriff’s Office, said 27 cannabis plants taller than 6 inches were seized during the search, as were vacuum bags, a bag sealer and scales. He said those items indicated to him that there was an intent to deliver the cannabis. He said ledgers also were found but not investigated.

Anderson testified at that hearing that he has had a medical marijuana card for at least eight years, and some of the plants were slated to be destroyed after the strongest ones were selected to complete their growing cycle.

Anderson said the ledgers kept track of his “cannabis-consulting clients” and all of the cannabis found was slated for his personal use.