R. Todd Bennett, P.C.
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Residential search leads to 25-year sentence on drug charge

Texas authorities report that a 41-year-old man was sentenced to serve 25 years in prison after he was convicted of various drug-related offenses. Due to the man's record of prior felony convictions, 25 years was the minimum sentence that his case would have allowed. The man was previously convicted of drug offenses in 1999 and 2007, both of those being possession with intent to deliver cocaine between four grams and 200 grams.

According to the Tom Green County Sheriff's Office, police obtained a warrant to search the man's Powell Street home in San Angelo. The search uncovered 37 grams of crystal methamphetamine, a drug ledger, 23 grams of marijuana and related paraphernalia, and the man was charged with first-degree felony possession with intent to deliver a controlled substance between four grams and 200 grams.

A complaint filed in the district clerk's office also stated that the home had a surveillance camera connected to a television set. In addition to his sentencing, the man was ordered to pay $140 to the Texas Department of Public Safety to compensate them for his drug testing.

In cases like this where a residential search is conducted, it is often necessary to review the parameters of the warrant that authorized the search. Some judicial warrants place strict limitations on where police are allowed to search and during what time of day. If it is found that the authorities acted outside the scope of the warrant, the case against a defendant may be dismissed on procedural grounds. A lawyer may be able to review the warrant to verify that its requirements were appropriately adhered to.

Source: GO San Diego, "Man sentenced to 25 years on drug charge", April 10, 2014

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