News outlets reported on Jan. 7 that West Virginia authorities have taken a father and son into custody for allegedly making terroristic threats to a judge and against public buildings and drug possession, respectively. The arrests were the result of unrelated investigations.
Parkersburg SWAT officers executed a search warrant on the home of the son, who was not present at the time. According to reports, officials claim they saw marijuana in the open during the initial search. Officers then secured a second search warrant and conducted a more extensive search of the son's home. During the second search, investigators reportedly found methamphetamine and heroin secured inside of a locked gun case. The son was subsequently taken into custody.
A separate investigation into threats made against public buildings and public officials, including the Parkersburg police chief and a circuit court judge, resulted in the father's incarceration. His home was searched during the investigation. There is no indication that any illegal substance was found inside of the father's home, and his arrest is believed to be unrelated to the son's.
Some individuals facing drug charges may be able to challenge the manner in which the drugs were found. Even in the case a search warrant was obtained, an examination of the affidavit for the search warrant and the resulting warrant may reveal problems. For example, if the search warrant is too broad, it may be challenged. If the affidavit itself was insufficient, and the court should not have granted a search warrant, both may be challenged as well. A criminal defense attorney might be able to review the case to determine if there are grounds to combat the charges against their client.
Source: WOWKtv.com, "Father, son arrested in Wood County drug bust", Jan. 7, 2015