MG was arrested in his grandmother’s house during the execution of a search warrant. Police had received information from a confidential informant that MG was manufacturing and delivering narcotics from this residency. Police obtained a search warrant based on that information.
When police first attempted to execute the search warrant they were unable to breach the rear door because it was barricaded from the inside. They eventually were able to enter through the front door while MG was sleeping in the basement. A subsequent search of the room revealed small bags of cocaine in a rear bedroom on the second floor. MG was arrested and charged with Manufacture and Delivery of a Controlled Substance and Criminal Fortification of a Residence or Building.
During cross-examination the officer admitted MG had no narcotics discovered on his person nor was there any evidence he frequented or inhabited the room where the cocaine was discovered. He further admitted that the rear back door was the only door ‘barricaded’ in the entire residence which strongly rebutted the claim from police that the house was fortified to prevent law enforcement from entering. RESULT – FINDING OF NO PROBABLE CAUSE – CASE DISMISSED
