Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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Police allegedly find meth and heroin while executing warrants

It seems like as state and federal law enforcement officials lessen their focus on one drug, marijuana, they have set their sights on another: methamphetamine, or "meth." There is likely isn't anyone who would argue that meth is not the more dangerous drug, but that fact, combined with meth's rapid spreading across the country, may have the authorities too focused on one particular drug.

According to a recent report, a 27-year-old man was arrested in Roseville on Jan. 3 for three outstanding warrants. However, the man will end up facing even more criminal charges after the authorities who arrested him allege that they found drug-related items at the man's location at the time of the arrest. The police reported that they found both heroin and meth, along with paraphernalia commonly used to ingest the drugs. After the arrest the man was being held in the Placer County Jail.

It is not uncommon for the police to tack on extra charges when they allege that they have found illegal items while executing a warrant. However, it is the manner in which the alleged items are located that may be the key in the criminal courts. For instance, in this case it appears that the 27-year-old suspect was wanted on three arrest warrants. An arrest warrant is not the same as a search warrant, so the police must have found these items in this man's possession or at least close by. An arrest warrant usually would not grant the police authority to conduct a search of a suspect's residence.

The conduct of law enforcement officials during the execution of a warrant is always something to be analyzed in crafting a criminal defense. If the alleged illegal materials where uncovered through an unlawful search, the evidence could be suppressed.

Source: The Sacramento Bee, "Multiple drug-related counts in Roseville arrest," Mark Glover, Jan. 4, 2014

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