A Maryland man is facing drug and weapons charges after police conducted a narcotics sting at his home on Dec. 4. Law enforcement officers searched the man’s home and allegedly found two handguns, a small amount of marijuana and cocaine paraphernalia.
According to police, the 32-year-old man had a former felony conviction and was prohibited from possessing a firearm. He was charged with firearm possession with felony conviction, possession of marijuana less than 10 grams, illegal possession of firearm and controlled dangerous substance drug possession. Because the police also allegedly found loaded magazines and a flak jacket during the search, the man was also charged with possession of bulletproof armor and illegal possession of ammunition.
The charges could carry stiff penalties for the man, particularly if he does indeed have a felony conviction in his background. Police reports, search warrant complaints, the search warrant itself and any other supplemental reports or affidavits could be examined in order to determine whether the constitutional rights of the accused man were violated in any way. If the search and seizure were illegal, the charges could be thrown out.
If a person is charged with weapons or drug crimes based on an unconstitutional search and seizure, for which there would be neither a proper warrant nor probable cause, it could be possible to have a dismissal of the charges recommended. It may also be possible to accept a plea bargain with the prosecutor that could consist of lesser charges, probation or community service in lieu of jail time.
Source: The Baltimore Sun, “Arundel police arrest Laurel man for illegal gun, drug possession“, Colin Campbell, December 04, 2013