Mark Giancola Convinces Court to Dismiss Felony Drug Case

On October 30, 2013, Judge Pendleton of Anoka County dismissed a two-count felony complaint against Mr. Giancola’s client for: 1) possession of a controlled substance, and 2) illegal possession of a firearm. Mr. Giancola secured this dismissal by convincing Judge Pendleton the warrant officers used to gather evidence against his client was illegally obtained. More specifically, in his legal memorandum to the judge, Mr. Giancola argued the information contained in the officers’ warrant application was stale (old), and the warrant failed to demonstrate a sufficient nexus between what the officers wanted and the crime Mr. Giancola’s client allegedly committed. Because Mr. Giancola convinced the judge officers obtained the evidence pursuant to a defective warrant, the judge suppressed all evidence and dismissed the case for lack of probable cause.

 

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