For a New Jersey man, an evening of loud sex has resulted in a 10-year prison sentence for growing marijuana.
On February 17, 2007, New Jersey state troopers arrived at the home of Brian McGacken of Farmingdale, N.J., responding to an anonymous 911 call complaining of screams coming from McGacken’s home, reports Daniel Tencer at
The Raw Story.
McGacken answered the door and explained that he’d just been having loud sex; his girlfriend appeared at the front door and backed up his claim.
But officers searched the home anyway, and found enough marijuana — including growing plants — to put McGacken away for 10 years on charges of producing a controlled substance.
McGacken appealed the conviction, arguing that once police officers knew the noise was due to consensual sex, they no longer had reason to search his home or to even be there.
But the appellate panel at Superior Court of New Jersey didn’t see it that way.