Felony Trafficking Indictment – Dismissed Due to Illegal Search

Our client was a young man with no criminal record, who held a good job. Unfortunately, his roommate was involved in narcotic activity that our client was unaware of. On the day of his arrest, the police received information that a wanted individual was at our client’s home. Our client was asleep, because he had to work in the morning. However, his roommate had several people at the house to watch a ballgame, including the person that was wanted by the police.

A group of officers arrived at the house looking for the wanted individual. The police claim that as they walked up to the house, they could smell marijuana, even though there were no windows open and it was a cold night. They ordered everyone out of the house, including our
client. At that point, they entered the house without a warrant to conduct a “safety sweep”. While inside the residence, they saw contraband that they used to obtain a search warrant.

We filed a motion challenging the legality of the search, claiming that the police did not have the right to enter the home without a warrant. The circuit judge ultimately agreed, and a felony that carried 5 to 10 years against our client was dismissed. Because we successfully challenged the search, our client will not lose his job, and the charges against him will be expunged.

Charge: Felony trafficking

Kentucky State Court

Lead Attorney: Russell J. Baldani