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Criminal Procedure Keyed to Miller
State v. Tanya Marie Anyan
Citation:
104 P.3d 511 (Mont. 2004)Facts
Police obtained a warrant to search a residence in which they believed the occupants were operating a methamphetamine lab. In the application for the search warrant, one of the officers stated that several people who had been seen near the residence had been charged with felonies and drug offenses. Also, one of those people had purchased ammunition, though there was no evidence that any individuals in the home possessed weapons. At 3:00 AM., law enforcement officers executed a no-knock raid on the defendants’ residence. The officers did not knock and announce their presence prior to entering the house, and they did not detect any activity or hear anything consistent with attempts to flee the scene. Several occupants of the house were charged with conspiracy to manufacture dangerous drugs, criminal production or manufacture of dangerous drugs, criminal possession of dangerous drugs, and possession of dangerous drugs with intent to sell.
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