Attorney will challenge basis for pot search in Guthrie; probable cause?
The attorney for a Guthrie man charged in a marijuana growing operation said he would mount a legal challenge to the first search warrant executed on his property.
Robert Wallner, the Bemidji attorney retained by Perry Raymond Eddy, 51, said he plans to file a motion challenging the probable cause portion of an initial search warrant conducted on Eddy's property in northeast Hubbard County Sept. 14.
In Hubbard County District Court Monday Wallner said an affidavit by a drug agent to support a judge granting the search was insufficient to raid the home.
Once there, officers discovered Eddy owned a second property, applied for a second warrant and searched the other property later the same day, where they located and arrested Eddy.
Wallner said he hopes to prove there was no legal reason for a judge to issue the initial search warrant, which would then make the second search invalid as well. The defense is referred to as "fruit of the poisoned tree."
Eddy remains free on bond. Drug task force officers found more than 200 mature marijuana plants at both locations, the criminal complaint states.