In order to gather the evidence they need, police will often conduct extensive investigations and searches. In one recent criminal investigation, a couple was arrested on suspicion of stealing baby formula then reselling it on the internet.
According to police, the couple created a system where the two would enter a store and take cans of the powdered food. Police estimate that the couple took over $11,000 in formula since last November from Safeway stores. An additional $5,886 worth of formula was supposedly taken from Albertsons stores during the same time frame.
Police claim that the couple would then sell the formula online while keeping detailed records of their transactions. They have been charged with second-degree theft, first-degree theft and retail theft. These charges could lead to serious penalties.
Police obtained this information through an undercover sting which included undercover officers and through a search of the pair's home. When the search of a person's home is included in a police investigation, questioning the search must be included in that person's criminal defense strategy.
In order of a search to be valid, a search warrant is usually required. In order to obtain a valid search warrant, police must have probable cause that illegal activity has occurred. Furthermore, the police must state what they want to search and where they want to search. The search warrant does not allow give police power to search anything, but limits them to the scoop of the warrant.
If a search, like the search of this couple's house, is done without a valid search warrant, then it may be illegal. When a search is illegal, any evidence, like the formula found in this case, may be excluded from court. This can lead to dropped charges and reduced penalties.
Source: The Oregonian, "Baby formula theft ring busted after suspects hit stores from Portland to Salem, police say," Maxine Bernstein, April 30, 2013
No Comments
Leave a comment