Within minutes, he said a swarm of officers dressed in fatigues showed up at his driveway.
“Police officers were moving very quickly towards me with rifles pointed at my direction,” he said.
Without a warrant, they walked across the yard and found the two small plants near the fence line.
“That was a direct violation of my civil liberties,” said Cobb.
But a judge said investigators had the right to cross the yard without a warrant in order to reach the fence line where the plants were on Cobbs’ 39-acre-farm.
The 54-year-old man was charged with possession and he hired attorneys from the Rutherford Institute. A general district court judge found him guilty in October 2011.
Yet, Cobbs insisted he did not know about the plants, so he appealed. And, Wednesday, a circuit court jury agreed and acquitted him.
Despite his victory, Cobbs, a retired U.S. Navy meteorologist, said he has concerns. “I don't believe, as a gardener, anyone could identify a plant from 500 feet,” he said.
He also said he’s terrified by recent talk of more surveillance drones being used by law enforcement in Virginia.
“As a man who has been in the service and has defended my country, I really feel this is an invasion of my person rights,” Cobb said.
Virginia State Police, who lead the investigation refused to comment, but Albemarle police did, saying in part: I think we operated under the guidelines set forth by state police and Albemarle police as it relates to this type of operation.