Legal Question in Criminal Law in Virginia

I was in a house in Virginia that had a search warrant for possession of marijuana with intent to distribute. The police obtained the search warrant by recieving an anonymous tip and then searching thru the tenants trash while it was awaiting pickup. They claim they found a little bag with marijuana residue in it and that was enough for probable cause and the search warrant. Is this enough evidence to obtain a search warrant for a distribution charge? The police did not find a growhouse or distribution which is what was told to them by the anonymous tip. All they found was less than half an ounce which was being used for personal use. Is the search warrant even valid considering they acted on a false anonymous tip and very little, if any at all, evidence they obtained from the trash?


Asked on 1/09/10, 1:42 pm

1 Answer from Attorneys
sheryl shane sheryl shane, attorney at law

You need to wait to go to court or hire an attorney and get all the information prior to making a determination. You do not yet know all the facts. It is up to a magistrate and/or judge whether search warrant good. One may say that the tip and the marijuana in the trash can is enough.

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Answered on 1/14/10, 3:51 pm


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