David G. Moore Attorney At Law
Former DA Prosecutor Now Fights for Your Rights
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Two Michigan residents face out-of-state drug charges

Six people were arrested recently on allegations of heroin possession in Morehead, Kentucky, including two from Michigan. One of the two Michigan residents had a warrant out for his arrest for allegedly being a "parole absconder" since September 2010. All six will now face drug charges in Rowan County, Kentucky.

The first of the two Michigan residents was convicted of second-degree murder in March 1998. He was apparently on parole before he supposedly fled. The second one had been in and out of the Michigan court system, and he was released for the third time in July 2011. They and the other four people who were arrested have been charged with heroin and drug paraphernalia possession. The two Michigan residents were additionally accused of theft of identity and giving officers a false name.

Reportedly, the drug charges followed a search based on a tip from a witness that lead police to a residence in a mobile home park. After a search warrant was secured, police swept the residence and allegedly discovered heroin and drug paraphernalia. However, no information was available regarding neither the specific amount of heroin purportedly found nor the type of paraphernalia. Such details could be important as a small amount would mean lesser charges, particularly for those simply visiting the residence. Also, paraphernalia could mean anything, including materials that one can buy legally.

Questions may well also exist regarding the police search. Often, search warrants only allow police to search certain areas, and so anything found outside of those areas could be deemed to have been unlawfully seized. Moreover, the past criminal records of the two Michigan residents is no evidence of present guilt, and it was not clear from sources as to why all six were deemed to be in possession of the same item. As they fight the drug charges against them, an effective legal defense will be necessary in securing a fair result.

Source: The Morehead News, "Six arrested for heroin possession," Nov. 15, 2011

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