When will it be legal? Not soon enough! But for one client of Gallagher Criminal Defense facing marijuana grow charges, the nightmare is finally over.
Marijuana Attorney Thomas Gallagher moved the court to Suppress Evidence based upon an illegal search. And the result? Dismissal of all felony charges related to a “large indoor and outdoor marijuana grow operation.”
A series of unfortunate events
A series of search warrants, initially stemming from an “anonymous tip letter,” eventually led to a home invasion by police with a search warrant.
But prior to the penultimate search warrant, police conducted a helicopter search without a search warrant. The information from that warrantless, daytime flyover was essential “probable cause” for the search warrant for police entry. Subsequently, police found many marijuana plants growing, inside as well as outdoors. This led to filing marijuana grow charges.
The missing piece
Thomas Gallagher argued that the daytime, flyover search was illegal; a violation of the Fourth Amendment protection against warrantless searches, with no applicable exception. And as a result, the subsequent search warrant lacked probable cause.
The evidence resulting from a violation of the highest law of the land, the Constitution, must be suppressed, Gallagher argued.
And? Dismissal of all marijuana grow charges. One less prisoner of Prohibition.
Another lesson from this case was that police can easily see marijuana growing outdoors from helicopters with high-tech tools. But just in case Thomas Gallagher is the defense attorney, police had better get a legit search warrant, first.
Who will enforce the Constitution?
In criminal cases, defense attorneys look for facts to support a legal argument to suppress evidence from an illegal source. In marijuana criminal cases, this is even more important. Sometimes illegal conduct by police results in suppression of all of the evidence. When that happens, the criminal charges must be dismissed for lack of evidence.
Interested in legalization? Check this out from Gallagher’s other blog: Marijuana Legalization in Minnesota: What Should It Look like?
Do you have a question about a marijuana grow charges,or another criminal law question? You can call Marijuana Attorney Thomas Gallagher at 612 333-1500.