Liberty4All
05-01-2007, 11:13 AM
"As may be seen, there are only two relevant factual allegations in the affidavit [for a search warrant]: (1) the sheriff and others had seen marijuana growing in defendant's corral; and (2) marijuana had recently been harvested by someone in the area near defendant's farm home. From these two facts the magistrate was asked to draw the inference that marijuana was 'probably stored in one of the buildings on the farmstead.' We agree with the trial court that the inference may not properly be drawn...
See the rest of this article here: Where marijuana grows wild, a search warrant is harder to obtain. - UNDERDOG BLOG - by M&K's Criminal Defense and Individual Rights Lawyers (http://markskatz.com/justiceblog/archives/426-Where-marijuana-grows-wild,-a-search-warrant-is-harder-to-obtain..html)
See the rest of this article here: Where marijuana grows wild, a search warrant is harder to obtain. - UNDERDOG BLOG - by M&K's Criminal Defense and Individual Rights Lawyers (http://markskatz.com/justiceblog/archives/426-Where-marijuana-grows-wild,-a-search-warrant-is-harder-to-obtain..html)