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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 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.

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