Key Takeaways
- A client faced grow charges but had them dismissed due to an illegal search by police.
- Attorney Thomas Gallagher won because the warrantless search by helicopter violated the Fourth Amendment.
- This case highlights the importance of lawful evidence gathering.
- Defense attorneys can ask a judge to suppress illegal evidence, leading to dismissal.
When will it be fully 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.”
Series of unfortunate events
A series of search warrants, initially stemmed from a police “anonymous tip letter.” And this eventually led to a police home invasion, with a search warrant.
… leads to marijuana grow charges
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 authorizing police entry. Subsequently, police found many marijuana plants growing, inside as well as outdoors. This led to filing marijuana grow charges.
The missing piece
Attorney 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, Attorney Gallagher argued.
And? Dismissal of all marijuana grow charges. One less prisoner of Prohibition.
Another lesson from this case was that police can 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, if the defense attorney can prepare a compelling pretrial motion, the criminal charges must be dismissed for lack of evidence, including marijuana grow charges. More:
Marijuana Charges and Defense Guide.
Question? Call Marijuana Attorney Thomas Gallagher, 612 333-1500
Interested in legalization? Check these out from Thomas Gallagher.
More: grow charges
Marijuana Cultivation Crimes and Defenses in Minnesota
Illegal Search
Marijuana in a Motor Vehicle
How to Assert Your Rights: Protect Yourself from Police
Odor of Marijuana: Probable Cause to Suspect a Crime?