Charles E. Marquart, III - Page 5

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            While one of the officers was detaining petitioner, other                                   
            officers made a protective sweep of the house.  In the course of                            
            the sweep, the officers saw evidence that marijuana was being                               
            cultivated.  As a result, they secured from a local judicial                                
            officer by telephone a search warrant that empowered them to                                
            seize evidence of marijuana cultivation, documents showing who                              
            exercised dominion and control of the premises, and documents                               
            indicating sales or distribution of controlled substances.                                  
                  Among the items the arresting officers seized were receipts                           
            that showed petitioner had spent substantial amounts of cash                                
            buying auto parts.  These receipts demonstrated that petitioner,                            
            whom they knew to be unemployed, nevertheless had plentiful cash                            
            resources.  This corroborated other evidence that petitioner was                            
            making extensive marijuana sales for cash.  In addition to the                              
            seized documents, the officers seized a large number of live                                
            marijuana plants and a motorcycle.  They carried much of the                                
            evidence back to headquarters in a van which they had brought                               
            with them when they set out to make the arrest.                                             
                  On September 25, 1997, petitioner pled guilty to marijuana                            
            possession.                                                                                 
                  Respondent obtained copies of documents the officers had                              
            seized when they arrested petitioner and ascertained that                                   
            petitioner had not filed 1991 through 1995 Federal income tax                               







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