A Georgia man has found himself back in prison after accidentally sending
his probation officer a text message concerning marijuana. After the text
was received by the probation officer, agents raided the man's home
and discovered he was in possession of cocaine. The man was subsequently
sentenced to one year in prison for the
possession of cocaine as well as an additional year in prison for violating his probation.
Although one can attribute this man's convictions as a result of his
own wrongdoing, the facts of the case warrant speculation as to the legality
of the search. The text which was sent to the probation officer read as
follows, "[do] you have some weed?" There was no language used
that would indicate an intent to
purchase the drug, nor was there any other fact that would indicate the man was in possession
of any other narcotic.
If this text was the basis for the search warrant used to find the cocaine,
then it could be argued that a man's text message, protected by his
first amendment rights, was used unfairly to show probable cause. Even
more alarming is the fact that the text was a mere question posed to another
person, rather than a statement showing that the man was in possession
of something he should not have been.
This raises legal questions concerning what evidence can and will be used
when police approach a judge in order to obtain a search warrant. While
in this case the warrant did in fact help police arrest someone who was
breaking the law and violating probation, there may not have been a legally
justifiable reason to do so. This begs the question, how far can one's
constitutional rights be bent before there has been a
clear cut interference with those rights?
The attorneys at Bleile & Dawson are extremely knowledgeable in criminal
law, especially when it comes to defending our clients against wrongful
accusations, whether in the State of Ohio or the Commonwealth of Kentucky.
If you feel that you have wrongly been accused of a crime and seek to
find the best possible representation to fight for you, hire a
criminal defense lawyer in Cincinnati who puts the client first and fights hard to protect the client.
Contact us today for a
completely confidential consultation at (513) 399-5945.