July 19, 2007, 16:15
East Texas AttorneyOut of County Warrant
I have a motion to suppress a search warrant in which the probable cause for the search warrant is based partially on the home owner's electrical records. His usage was was up as he had a marijuana grow going. However, the subpoena was not a grand jury subpoena (done wrong) and was not issued by a judge. Does the defense win?
Is there sufficient information in the affidavit, independent of the electrical records, to establish probable cause to believe the MJ was there?
July 20, 2007, 13:58
East Texas AttorneyThe PC without the records would not be sufficient. It is an anonymous caller whose only credibility is location of house, description of house and ownership. Does say seen MJ in out building and defendant said is harvesting within 24 hours. However, have found a case that says defendant has no standing to challenge subpoena for electric records.