According to officials, a drug raid that was executed in Thompson resulted in two adults being taken into police custody. In addition, two children were taken into protective custody. According to deputies, officers went to the residence to perform a probation search.
The two adults in the home are facing charges for alleged drug crimes. Officials say that during the probation search, they discovered items used to manufacture methamphetamine. The pair had allegedly purchased significant amounts of pseudoephedrine, an ingredient used in the manufacturing of methamphetamine. One defendant was charged with child neglect, possession of methamphetamine paraphernalia and manufacturing methamphetamine. The second defendant was charged with child neglect.
When someone has been charged with drug-related offenses following a search and seizure operation, a criminal defense attorney may look at the warrant and conduct of officers to determine whether or not the defendant's Fourth Amendment rights were violated. However, individuals who are on probation may not be given the same Fourth Amendment protections as those who are not. For instance, a person on probation may be subject to a warrantless search of his or her property. In addition, law enforcement officials do not need probable cause to search the home of someone on probation.
If the defendant is already on probation, the lawyer may not be able to devise a defense strategy based on Fourth Amendment protection from unreasonable search and seizures. In this event, the lawyer may consider a plea bargain as an alternative strategy. This may require the defendant to plead guilty and accept the conviction. However, plea deals generally offer either reduced penalties or charges and allow the case to be settled out of court.
Source: KFGO, "2 arrested after drug raid in Thompson, North Dakota", Bonnie Amistadi, August 07, 2014