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Old 03-29-2006, 06:35 PM
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Join Date: Mar 2006
Posts: 1
Default Sufficient Probable Cause?

About a month ago our home (in MN) was raided by gunpoint for marijuana. They found nothing on myself or my fiance (we do not touch drugs). A call was placed by a neighbor who is nosy and can't mind her own business.

We obtained the search warrant and the affadavit and were presented with the following three reasons for the search:

1) Person who resides at said address never leaves the house.


(I leave the house daily, my fiance who is self-employed and works when he wants to and doesn't leave the house daily).

2) Short stop and go traffic on weekends.

(Untrue. Can be proven. We do have company but it is not short stays.)

3) Garbage search by police turned up .03 ounces of marijuana.

(Garbage can sits at the end of the driveway. Anyone could have put it there.)

Is this enough probable cause? We have spoken to two lawyers who won't give us a straight answer. The cops in this case are/were over-zealous. The cop who presented the search warrant is "wet behind the ears". He's been a cop for 5 years or less and not to make judgements but possibly pushed the limit on getting this signed.

Basically we're getting the "don't worry you weren't charged" answer.

I have sent a letter to the ACLU requesting feedback on the Fourth Amendment and see if there is a "magic number" on what is considered sufficient probable cause, or what reasons are legal and what ones are not.

So far I am hearing that there is no magic number.

Anyone have any thoughts on this? Do we have a valid issue to pursue?
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