[DOWNLOAD] "Garza v. State" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: Garza v. State
• Author : Supreme Court of Montana
• Release Date : January 16, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Following a controlled buy of marijuana by Fargo, North Dakota police, the trail of supply led to the home of Xavier Garza, Sr., his son, Xavier Garza, Jr. (collectively respondents) and Dora Garza, the wife of Xavier Garza, Sr., in Dilworth, Minnesota. A Clay County Sheriffs Office detective executed a search of the residence and storage shed. The warrant included a provision for an unannounced entry and was issued by a magistrate based upon the detectives affidavit that recited numerous incidences of prior drug dealing, possession and usage by Xavier Garza, Jr. but was not specific as to the need for an unannounced entry. When the warrant was executed, only Dora Garza was home. Based upon evidence seized in the raids, including currency used by Fargo police for the controlled buy of narcotics, respondents were arrested and charged with one count each of a fourth-degree controlled substance crime in violation of Minn. Stat. § 152.024, subd. 1(4) (2000). Respondents pretrial motion to suppress the seized evidence based on the failure of the warrant to furnish particularized reasons for the need for an unannounced entry was rejected, and respondents were tried on stipulated facts and found guilty as charged. Respondents initially filed notices of appeal, but then instead pursued state post-conviction relief. After the trial court denied post-conviction relief, respondents appealed and the court of appeals reversed the convictions on the ground that the search warrant was issued without a showing of particularized circumstances justifying the need for an unannounced entry. We affirm in part and reverse in part.

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