Investigation was being conducted on defendant who was allegedly selling heroin in a school zone. Elementary school is located across the street from defendant. Video of alleged transactions were taken. No formal exchanges are shown just a lot of traffic, meaning people walking up to defendant i.e. talking and then walking away. No physical evidence such as controlled buys or actual heroin was ever seen or taken into evidence. Defendant moved about a month later. Put in a change of address. No sign that he was running from the law. Seems like it was just a regular move. Apparently, detectives had already issued an arrest warrant for defendant but, was hoping to get more evidence and so they held off with arresting the defendant until he moved. Within days swat invaded defendants home, arresting him and his girlfriend. They entered the home with only an arrest warrant. No search warrant was issued at the time.
Defendant and girlfriend were taken to the station for questioning within 30minutes. Police remained in the home. Hours later, a search warrant was issued stating that there was heroin on the table in plain view, which probable cause gave reason for the search warrant. Mind you, defendants were already gone and no one was in home when this evidence was found in plain view. With that being said, enough heroin was found in the home to charge defendant with trafficking in heroin, intent to sell/deliver in a school zone, and possession in a school zone. New residence is not in a school zone. Charges against the girlfriend were later dropped. No information was given to police and both defendants asked for lawyers.
Just a little background...defendant lived a few houses down from a known drug dealer(this is the home where the initial investigation began i.e.across the street from school) This drug dealer is an associate of defendant as is much others in this close knit neighborhood. Drug dealer was being federally investigated and watch. It is suspected this is how investigation on defendant began, due to his association and traffic moving in and around his home. This neighborhood is a very busy and is a citylike area. Lots of people and lots of movement. Defendant believes that because of his association with drug dealer down the street, he was targeted. Police were in hopes he would snitch on drug dealer. Or the police may have jumped to the worng conclusion. Defendant did not have a 9-5. He sold cars by owner. Would buy preowned or auctioned cars. Fix them and sell them for cash. He did have prior arrests but, nothing significant to say he was a violent person or was a habitual offender.
What is your take on this? Was the search plausible? What is your advice on what steps the defendant should take or motions to file to defend himself? Heroin was found in second home but, who is to say this is what defendant was selling in first home across from school. He could have been selling marijuana for all we know maybe even gambling? There is no physical evidence to support that he was indeed selling heroin. What gives?
Defendant and girlfriend were taken to the station for questioning within 30minutes. Police remained in the home. Hours later, a search warrant was issued stating that there was heroin on the table in plain view, which probable cause gave reason for the search warrant. Mind you, defendants were already gone and no one was in home when this evidence was found in plain view. With that being said, enough heroin was found in the home to charge defendant with trafficking in heroin, intent to sell/deliver in a school zone, and possession in a school zone. New residence is not in a school zone. Charges against the girlfriend were later dropped. No information was given to police and both defendants asked for lawyers.
Just a little background...defendant lived a few houses down from a known drug dealer(this is the home where the initial investigation began i.e.across the street from school) This drug dealer is an associate of defendant as is much others in this close knit neighborhood. Drug dealer was being federally investigated and watch. It is suspected this is how investigation on defendant began, due to his association and traffic moving in and around his home. This neighborhood is a very busy and is a citylike area. Lots of people and lots of movement. Defendant believes that because of his association with drug dealer down the street, he was targeted. Police were in hopes he would snitch on drug dealer. Or the police may have jumped to the worng conclusion. Defendant did not have a 9-5. He sold cars by owner. Would buy preowned or auctioned cars. Fix them and sell them for cash. He did have prior arrests but, nothing significant to say he was a violent person or was a habitual offender.
What is your take on this? Was the search plausible? What is your advice on what steps the defendant should take or motions to file to defend himself? Heroin was found in second home but, who is to say this is what defendant was selling in first home across from school. He could have been selling marijuana for all we know maybe even gambling? There is no physical evidence to support that he was indeed selling heroin. What gives?
