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Criminal Law

: Fourth Amendment

adn.com: Sherry Johnston case sets stranger

By John Wesley Hall, Jr.

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Was obtaining and executing the Sherry Johnson search warrant delayed because of the Presidential election? See Anchorage Daily News today: Trooper, union say politics delayed Johnston drug case. The principals in this controversy contend that obtaining the search warrant was either delayed because of politics or because they wanted to make another Oxy buy before getting the warrant. So much for her right to a fair trial. They blame her in the press for the delay. There is even a claim that the Secret Service was present so she wasn't dealing drugs then. Bizarre. So, can she claim the delay in executing the search warrant made the probable cause stale? The state will contend that this was (apparently) an ongoing drug operation. Even three months would not be stale...continue to full post

Full post as published by Fourth Amendment on January 05, 2009 (boomark / email).

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