Legal Question in Criminal Law in Kentucky

Drugs

My friend has been arrested for conspiracy to distribute cocaine. The DEA searched his home and place of business (garage) in person and with dogs. They did not find any drugs or any money. Do they have a case?


Asked on 2/05/00, 10:44 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: Drugs

The fact that the DEA's search of your friend's home and

place of business did not reveal any contraband is not the

final word on how strong the DEA's case is. The execution of

a search warrant can come at the beginning of an investigation,

or at the end. If it occurs at the end of the investigation,

then most of the evidence has already been obtained.

One thing that may help is to look at the affidavit that was

presented to the Magistrate Judge when the DEA applied for the

search warrant (unless it is sealed, of course). The affidavit

will give you some idea of the basis for the investigation.

sign me, a former federal prosecutor (in Kentucky)...

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Answered on 2/07/00, 11:37 pm


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