Oral arg. – Miss.S.Ct. – April 20, 2015

At 1:30, the Court will hear argument in Miss. Bureau of Narcotics v. $293,720.

The MBN seized $293,720 from an apartment in Crenshaw, Mississippi.  MBN obtained a search warrant allowing them to search the property  of “Bobby Ray Canada, and Beverly Turman, person, and persons unknown” anywhere in the State of Mississippi.  MBN ended up searching an apartment in Crenshaw, MS. and seizing $293,720.00) in U.S. Currency and a Taurus Brasil rifle, SN MF791580.   During the forfeiture proceedings, the trial court granted summary judgment for Canada and Turman based on a finding that the warrant was invalid.  On appeal, MBN argues the warrant is valid and, even if it is defective, the search was done in good faith.

MBN’s brief.

Canada/Turman brief.

MBN’s rebuttal brief.

MBN warrant  (to save you the trouble of scrolling through the MBN’s 80 page record excerpts, I’ve attached one of the warrants at issue here)

Watch the argument here.

This case is going to be as much about the importance of making a record as it is about the specificity of search warrants.  The state never bothered to see to it that the underlying facts and circumstances warrant was placed into evidence.

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