Another Search Warrant Case Victory

My office just completed representation of a client who was charged with possession of drugs with the intent to distribute, a felony punishable by up to 20 years in prison.  The State, due to the client's prior record, was seeking a sentence of 8-12 years.  The drugs in this case were found after the police executed a search warrant at the client's home.  The only possible way to win the case, seeing as the drugs were in the client's home, was to somehow challenge the legality of the search warrant.  If the warrant were deemed unlawful, then the drugs seized as a result of an unlawful warrant would be inadmissible in any subsequent trial.

Upon reviewing the warrant, I was able to find what I considered a very serious flaw-the police, in describing certain events that gave rise to probable cause to seek a search warrant, neglected to specify the year these events took place.  Without being able to tell when these events occurred, the warrant, in my estimation, was invalid.  After presenting this position to the State, the prosecutor agreed and dismissed the case.

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