PROJECT ONE: Search Warrant Draft
You are Officer Jones. Using the following fact pattern
1) Draft an application/affidavit for a search warrant, search warrant and return for any applicable place, person or motor vehicle. For purposes of the exercise assume the application/affidavit will be presented to me, Judge Barry Moredock, Judge of the District Court of Maryland for Chesapeake County.
2) Submit a 2-3 page paper answering the following questions and citing applicable case law to support your opinions.
a. Assuming Officer Jones only had the information set forth in paragraphs #1 through #4 below, would he have probable cause for a the search warrant? Why or why not?
b. Assuming the warrant was signed by the Judge and it was later determined that probable cause was lacking, would the evidence that was seized be suppressed by the court? Why or why not?
c. What, if any, issues do you see regarding the credibility of the informant?
d. Assuming Officer Jones now has the information set forth in paragraphs #1 through #5 below, would he have probable cause for a the search warrant? Why or why not?
Fact Pattern
1. On 18 February 2017, Officer Steve Jones received an anonymous tip that Mr. James Farmer lived in a house at 6823 Nashville Road and is growing marijuana in the basement - at least 400 plants.
2. Officer Jones completed the 26 week Police Academy. During the academy, he had 40 hours of instruction specifically related to identification, detection and manufacturing of controlled dangerous substances, including marijuana. He has been an officer for over 20 years and has been assigned as an investigator in the Drug Enforcement Division for the last 15 years. Over the last 15 years, he has received additional training with regard to controlled dangerous substances, including NIK Polytesting System on narcotics identification; Counterdrug Training Center Basic Drug Identification Course; the "Top Gun" basic drug investigators school hosted by the National Drug Training Center and the State Police; the Aerial Marijuana Observation course hosted by the Department of Justice and Drug Enforcement Division; and the MAGLOCLEN Drug Investigation Seminars in 2014, 2015 and 2016. He has made hundreds of arrests for controlled dangerous substances and has written numerous drug-related search and seizure warrants and participated in the execution of many, including those related to the manufacturing and distribution of marijuana.
3. Officer Jones enlisted an informant to check out the house and try to buy some marijuana. The informant has no track record working for the police but the prosecutor referred him to Jones because the informant wanted to help reduce a possible drug distribution sentence.
4. The informant came back a few days later and told Jones that on 20 February he saw Farmer and another man carry a carbon dioxide tank and other equipment into the house and drag two laundry bags to a Ford Mustang parked on the street in front of the house. (Officer Jones later runs the tag and the car is registered to James Farmer). The informant tried to buy marijuana that evening and as soon as he entered the house the informant could smell the odor of marijuana. Farmer bragged he had an unlimited supply of marijuana so he could do business with the informant, but begged off selling any marijuana that evening. Farmer excused himself and went to the basement door. When the door was open the informant saw extremely bright light emanating from the basement.
5. Based on this informant on 21 February, Officer Jones pulled Farmer's electric bills. Farmer's average kilowatt usage was more than three times the normal usage as verified by the electric company's manager, Joe Thornton. Officer Jones then drove to Farmer's house saw the Mustang parked on the street. Officer Jones looked through his binoculars while standing on the street and observed very bright glowing lights and the top of marijuana plants.
6. Officer Jones reviews all the evidence and decides to get a warrant. Today is 22 February and a check of Farmer's bank accounts show deposits in cash weekly from $1000 to $5000. Mr. Farmer does not appear to have other employment as confirmed by the State Unemployment Office. Mr. Farmer gets from the State $1500 a month which matches deposits made into Mr. Farmer's account.
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