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dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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I had a search warrat served on my residence for growing illegal

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I had a search warrat served on my residence for growing illegal mushrooms. they'er wee no eye witness's to criminal activity. The DEA said observing manure being brought in in a dump truck (I have 15 acres and a green house) and rye grain was probable cause, along with sell phone calls to another grrower who was arrested 2 days previously. Does this sound like probable cause?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  dkennedy replied 5 years ago.

dkennedy :


dkennedy :

The supplies you purchased, along with the calls to the grower that was arrested would probably be enough. However, I suspect that the "grower" that was arrested also snitched you out, but they didn't put that in the warrant. Just a hunch of course. But, you can fight it, it isn't the strongest case for probable cause I have ever heard.


What if I'm certain the other grower didn't snitch me out? He was the main focus of the investagation, friend for 30 years, he's still in jail for conspiracy(along with 2 others on his warrant).

dkennedy :

Well, as I said you can fight the warrant, but friend for 30 years or not, if he is looking at conspiracy, I would be suspicious. Also, they could have had his house wired if he was the focus of the investigation and heard your calls. That wasn't in the warrant, of course. If you had another legitimate reason for growing things, that's what I would use as the defense. Fighting the warrant never hurts, and you might as well give it a shot.

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