Charles E. Marquart, III - Page 4

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                  Sheriff's deputies first entered petitioner's house on                                
            March 6, 1995.  A female member of petitioner's household had                               
            called 911, then hung up without identifying herself.  The                                  
            deputies who responded to the call found indications that someone                           
            might be inside, but they were unable to contact anyone by                                  
            telephone.  They secured from a local judicial officer by                                   
            telephone a search warrant that empowered them to go into the                               
            house and check on the welfare of whoever might be inside.                                  
                  No one was home when the deputies entered petitioner's house                          
            for the first time.  While checking the house to make sure no one                           
            was in danger, the deputies saw and seized a number of suspicious                           
            items including apparatus for growing marijuana indoors, a gun,                             
            and some explosives.  The evidence seized and the officers'                                 
            personal observations of the premises strongly suggested that                               
            petitioner's house had been used at some time to raise commercial                           
            quantities of marijuana.                                                                    
                  On February 22, 1996, members of a local drug task force,                             
            including some officers who had been present at the time of the                             
            first entry, returned to petitioner's house.  On this occasion,                             
            the deputies were there to execute a warrant for petitioner's                               
            arrest, based on narcotic charges related to the first search of                            
            petitioner's house.                                                                         
                  When the deputies entered petitioner's home to arrest him,                            
            they had reason to believe more than one person might be present.                           





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