Felony Drug Charges Dismissed Because of Faulty Search Warrant
Felony charges were dismissed against an Andover, MN man after a judge declared the search warrant invalid. During the summer of 2010, the Anoka-Hennepin Drug Task Force enlisted the aid of the Minnesota Air National Guard to conduct a fly-over (Blackhawk Helicopter) of some farmland in Anoka County, MN. As a result of the fly-over, law enforcement officials obtained a search warrant and ultimately charged an Andover man with several felony level crimes.
Rory P. Durkin was retained to represent the man (who wishes to remain anonymous). Durkin requested/demanded information related to the fly-over, its crew, and the subsequent search warrant from the prosecution. However, state, federal, and military officials refused to comply with Durkin's request for information. At a preliminary hearing, Durkin claimed that the search violated both the United States and Minnesota Constitutions because it was based on "secret/undiscoverable" information.
An Anoka County District Court judge agreed, declaring the original warrant invalid. Shortly thereafter, the prosecution dismissed the case (See accompanying Order).
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