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Warrant Draft Essay

1804 words - 8 pages

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IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD
APPLICATION AND AFFIDAVIT FOR SEARCH AND SEIZURE WARRANT
I, Officer Steve Jones, of the Metropolis Police Department, the Affiant, being duly sworn, request the issuance of a Search and Seizure Warrant and states as follows:
1. APPLICATION AND VIOLATIONS OF LAW:
The Affiant hereby makes application to Judge Barry Moredock, a judge of the Circuit/District Court for Chesapeake County, MD for a Search and Seizure Warrant on the grounds that there is probable cause, the basis of which is set forth in the following affidavit which is attached hereto ...view middle of the document...

In support of this application for a search and seizure warrant your Affiant Detective being duly sworn attests to the following: On 18 Sept 09, Officer Steve Jones received an anonymous tip that Mr. James Fox lived in a house at 120 Verlinden Drive and is growing marijuana in the basement, at least 400 plants. An informant stated he saw James Fox and another man carry a carbon dioxide tank and other equipment into the house at 120 Verlinden Dr. and “dragged” two laundry bags from the home to a 1990 Chevrolet Malibu parked on the street in front of the said house. Informant stated that he attempted to buy marijuana from the James Fox. Upon entering the home of James Fox, the informant claimed to smell the odor of marijuana. The informant also claimed that James Fox “bragged” that he had unlimited supply of marijuana.
4. PROBABLE CAUSE (FACTUAL BASIS):
The facts that establish probable cause for the issuance of a Search and Seizure Warrant are as follows: On 21 September, Officer Jones obtained the electric bills of the home located at 120 Verlinden Dr. lived in by James Fox. As verified by the electric company’s manager, Joe Thornton, the average kilowatt usage for the residence was more than three times the normal usage. Officer Jones went to the residence and while standing on the street, looking through binoculars, saw very bright glowing lights and the top of marijuana plants.
5. JUSTIFICATION FOR THE PLACE TO BE SEARCHED AND ITEMS TO BE SEIZED: MD. CODE ANN. §5-607(a) In possession of more than 50 lbs. of marijuana with intent to distribute.
Based on the aforementioned information, your Affiant prays a search and seizure warrant to be issued for the residence of 120 Verlinden Dr. Chesapeake County, Maryland and a 1990 Chevrolet Malibu registered to James Fox.
6. DESCRIPTION OF THE ITEMS TO BE SEIZED: Marijuana plants, equipment used for the growth and maintenance of marijuana plants.
For all of the forgoing reasons, I respectfully request that you issue a Search and Seizure Warrant for the above-described place authorizing the opening and searching of any safes, boxes, bags, compartments, or things in the nature thereof, found in or upon said location.
AND IF THE PROPERTY BE FOUND THERE, TO SEIZE ANY PROPERTY FOUND LIABLE TO SEIZURE UNDER THE LAWS OF THIS STATE.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER PENALTIES OF PERJURY, THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF.
_________________________________________________
Affiant’s Signature
__Officer Jone____________________
Affiant’s Printed Name and ID# ____Officer Jones _____
SUBSCRIBED AND SWORN BEFORE ME IN MY PRESENCE ON THE__9th__DAY OF____October____, 2008
_____Barry Moredock_______
JUDGE
______Barry Moredock_______
JUDGE’S PRINTED NAME
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IN THE DISTRICT COURT FOR CHESAPEAKE COUNTY, MD
SEARCH AND...

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