The search warrant for defendant\u2019s house was issued without probable cause. The fact somebody worked in a medical marijuana operation in a state recognizing it is hardly indicative of criminality at his home. When undercover officers tried to buy from the dispensary, they were turned down because their \u201crecommendations\u201d could not be verified. United States v. Franklin, 2012 U.S. Dist. LEXIS 172808 (E.D. Cal. December 4, 2012).<\/p>\n
The affidavit for search warrant was not based on stale information. While part of it was years old, it contained current information which showed it to be an ongoing drug operation. State v. Thomas<\/a>, 2012 Ohio 5577, 2012 Ohio App. LEXIS 4855 (3d Dist. December 3, 2012).*<\/p>\n The search of defendant\u2019s house was not incident to the arrest warrant; it was based on defendant\u2019s parole agreement. United States v. Johnson, 2012 U.S. Dist. LEXIS 172163 (N.D. Ga. April 24, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading