According to Michigan State Police, a father and son are facing drug charges after being taken into custody on the afternoon of July 30. The pair are accused of growing marijuana. Officers reportedly removed several items from a residence at the time the two were placed in police custody after officers served a search warrant in connection with a murder investigation.
Officials say that the father and son are not facing charges in the ongoing criminal investigation of the July 24 murder of a teenager. The father is a registered sex offender, and a search of online records revealed that he was convicted in 1195 of fourth-degree criminal sexual conduct with a person between 13 and 16 and second-degree criminal sexual conduct with a person under 13. Both father and son appeared in 72nd District Court on Aug. 1, and bond was set for $75,000 for each defendant.
If a law enforcement officer makes a mistake during the execution of a search warrant, the evidence collected by the officer might be deemed inadmissible by a judge. For instance, if an officer serves a warrant seeking evidence in connection with a violent crime, and instead discovers evidence of drugs, the drug-related evidence might be inadmissible since it may be outside the scope of the original warrant.
A criminal defense attorney may look at the case to determine whether or not the evidence might have been outside the scope of the warrant. In the event that the evidence is admissible and will be presented in court, the attorney may look at alternative defense strategies, such as a plea deal. In most cases, plea agreements are negotiated between the prosecutor and defense attorney.
Source: CBS Detroit, "2 Arraigned On Drug Charges After Search Connected To Murder Of Armada Teen", August 01, 2014