Re: Challenging Illegal Search and Seizure: Grow-Op Busted
Great info guys, the arrest warrent was for a very petty charge (missing DWI class). and I understand about the search warrents for people. Great info guys!
And I think I got a good shot at getting the evedince tossed, The cop figured he could just walk in my apartment arrest my roommate and he would never have to worry about the search being challenged.... Until he finds my plants. I mean if my door was ajar him BANGING on it would have been enough to open it.
Re: Challenging Illegal Search and Seizure: Grow-Op Busted
Petty charge or not, it may be enough to allow him to make entry. I'm not sure of the law in MN so I can't say that with certainty, but under the federal standard all he needs is reason to believe the defendant is inside and then entry can be made. If the officer then saw the dope or smelled it, then that could be sufficient to justify a further search.
Talk to your attorney - he'll know the particulars of MN law.
- Carl