[Download] "State v. Mcgrath" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Mcgrath
- Author : Supreme Court of Montana
- Release Date : January 06, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant State of Minnesota challenges the district courts suppression of evidence seized during a search of respondents home. Appellant contends that the district court erred when it determined that the affiants omission from the search-warrant affidavit of an informants extensive criminal history and pending criminal charges, along with the affiants characterization of the informant as a "concerned citizen," constituted reckless misrepresentations of fact that were material to the finding of probable cause. Appellant also challenges the district courts determination that marijuana residue found in plastic bags recovered during three searches through garbage left for pickup at the curb near respondents home failed to establish an independent basis for probable cause because it was merely evidence of the residents personal use of marijuana. We reverse and remand for further proceedings.
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