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IN: Defendant's substantial drug operation using his business gave PC to believe record of operation would be in his house

By John Wesley Hall, Jr.

Police tailed a drug mule who had already been busted on I-70 in Indiana. He had instructions to drive to Richmond, Indiana and make a call. An officer rode with him, and he made the call and was told to go to a muffler shop and park in a service bay. When he arrived, the defendant showed up. The vehicle was taken into the service bay and money was removed while officers were listening by a planted wireless device. Defendant was arrested. Based on the affidavit's assertions that those involved in substantial drug movement likely would have drug records at home, the search warrant affidavit showed probable cause for a search warrant of defendant's house. Eaton v. State, 2008 Ind. LEXIS 497 (June 30, 2008): The defendant's argument is that these facts fail to establish probable cause for the issuance of the warrant authorizing police to search his residence...continue to full post

Full post as published by Fourth Amendment on July 07, 2008 (boomark / email).