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the morning of July 14 he drove past the house and saw what he suspected were marijuana plants growing in an area between two rows of com. He knocked on the door of the house to request permission to look at the plants, but there was no answer, he said.
Capt. Streapy then went to the magistrate’s office in Washington and requested a search warrant, which was issued.
When he returned to the house with several other deputies, however, the suspected marijuana was gone.
Capt. Streapy did discover plant material in the dirt in the area where the plants had been growing and recovered additional plant material from Mrs. Swift’s bedroom. Both samples were analyzed by the state laboratory and identified as marijuana.
In a statement taken the day after her arrest, Mrs. Swift admitted to caring for the garden, including the alleged marijuana plants, but denied any knowledge of what they were or who had planted them. She said she had begun to grow suspicious of the unknown plants but had not thought of calling the sheriffs department to report them.
The morning of the search, she told Capt. Streapy, she had left the house early to mend fencing in a field away from the house and did not
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