Facing a mandatory jail sentence MC was charged with possessing with intent to deliver over 100 pills. After reviewing the police reports, specifically the affidavit of probable cause to search his car and house, Mr. Montoya noticed that the information relied by the police officer was lacking probable cause. Prior to trial Mr. Montoya successfully argued a Motion to Suppress that was granted. Using his experience, Mr. Montoya noticed that the police office failed to state when he received the information from the informer. Much more important Mr. Montoya also argued that the Court had to
apply the anonymous tip standard when it reviewed the four-corners. After hearing argument the Court agreed and found that the search warrant was unconstitutional and ruled that the search on M.C.’s car and house was illegal and suppressed the evidence against him. This motion was won because Mr. Montoya has extensive experience evaluating search warrants for lacking information.
- On March 19, 2013