HOUGHTON - The case of a Hancock man charged with possessing marijuana with intent to distribute was bound over Monday to Houghton County Circuit Court.

But the lawyer for Jeffery Ploskonka said in 97th District Court Monday he hopes to have the case thrown out because of what he called improperly obtained evidence.

Ploskonka, 37, is charged with possession of marijuana with intent to distribute, a four-year felony. The charge was reduced from a seven-year delivery-manufacture of 5 to 45 kilograms of marijuana after the recovered marijuana was weighed at 7 pounds (about 3.2 kilograms).

In a affidavit for a search warrant, Hancock Police Lt. Randy Mayra said he had been contacted by Sgt. Det. Adam Rajala of the Houghton County Sheriff's Department, who said he received a tip from an Upper Peninsula Substance Enforcement Team officer that Ploskonka's sister would be driving from lower Michigan to her brother's house in Hancock with the intent of purchasing 3 or 4 pounds of marijuana.

After spotting the car at Ploskonka's house, the next day Rajala stopped Ploskonka and his sister in the vehicle at a Michigan Technological University parking lot.

"By the time I pulled up, he was already out of the car and talking to (the sister)," Donnelly said during Ploskonka's preliminary hearing Monday.

Donnelly said he had discussed probable cause with Rajala, who determined there was enough to search the car.

"He was of the understanding that it looked like they were spooked," Donnelly said.

Rajala told Mayra he had seen a picture of marijuana plants on Ploskonka's cell phone, as well as a vacuum sealer and bags, Mayra stated in the affidavit. Donnelly said the sister told Donnelly she had seen marijuana in the living room of Ploskonka's house.

Mayra listed 43 items found in Ploskonka's home, including seeds, plants believed to be marijuana, smoking materials and an organizer with names and money amounts.

George Hyde, Ploskonka's lawyer, questioned the legality of the search, saying Rajala had looked at pictures on Ploskonka's cell phone during the stop without a warrant, and citing discrepancies between the police report submitted to the prosecutor and a version updated by Donnelly. Donnelly said he had sent the corrected version to the prosecutor on the same day.

Hyde asked Wisti to dismiss the case.

"I'm amazed at this report, I'm amazed at this conflicting testimony," he said.

Wisti agreed with Hyde that there appeared to be cause for concern, but bound the case over to Circuit Court.

"I do not believe I have enough evidence in front of me to dismiss without talking to Rajala," he said.

Ploskonka is scheduled to be arraigned in Circuit Court on Nov. 12.

Garrett Neese can be reached at gneese@mininggazette.com.