A major drug trafficking investigation resulted in thirty-eight sentences for methamphetamine, heroin, and fentanyl trafficking throughout metro Atlanta.
Federal investigators uncovered that the network was orchestrated from inside Georgia state prisons, where incarcerated individuals used contraband cell phones to coordinate drug shipments from Mexico and other areas. Outside accomplices handled distribution and money laundering, moving drug profits through local businesses to Mexico. Authorities also intercepted plans for violent retaliation against uncooperative members, including a plot to abduct and murder a drug dealer, which law enforcement successfully thwarted.
A judge sentenced most defendants to between three and nineteen years in prison. Four defendants received sentences of twenty years or more, and one remains at large.
Officials say this case reinforces the urgent need for stricter monitoring of contraband within correctional facilities. The Drug Enforcement Administration and the FBI’s Atlanta divisions state that the operation’s takedown serves as a warning to other traffickers using prisons to conduct business.
Drug Crimes and Search Warrants
Just like most stories have a beginning, middle, and end, manufacturing, possession, and trafficking are the three major types of drug crimes in Georgia.
All these drug crimes involve physical evidence. Physical evidence is only admissible in court if officers had a valid warrant, which must be based on a probable cause affidavit, or a search warrant exception applied.
Manufacturing
Meth manufacturing is the most common drug manufacturing crime. Meth is a combination of common household ingredients, many of which are available without restrictions. Furthermore, the restrictions aren’t difficult to overcome.
Meth has a distinct smell, to put it mildly. The smell alone could justify a warrantless intrusion into a property, although the prosecutor must use a little razzle-dazzle.
Safety checks are an exception to the warrant requirement. If officers reasonably believe someone may be in trouble (e.g. a child ingesting meth or an adult overdosing on meth), they may enter a dwelling or other property without a warrant.
Once they’re inside, the plain view exception applies. If officers see drugs or other contraband in plain view, they may seize it without a warrant.
We should note that safety check searches are limited in scope. Officers cannot look in every nook and cranny. They certainly cannot open cabinet doors or containers, like backpacks. They can conduct a quick safety sweep, and that’s it.
Possession
Drug possession is, by far, the most common kind of drug crime in Cobb County. To prove drug possession in court, prosecutors must do the following:
- Produce the Substance in Court: Unless officers had a valid warrant, or unless a search warrant exception applied, the exclusionary rule kicks in. The physical evidence is inadmissible in court.
- Prove it Was Illegal: Unscientific “field tests” prove nothing. In this context, if something looks like a duck and acts like a duck, it’s not necessarily a duck. In January 2019, a Florida man spent about a month in jail for possession of “heroin.” A scientific test proved the substance was Tide laundry detergent. The deputy sheriff who made the arrest resigned.
- Establish Criminal Possession: In addition to close proximity, prosecutors must establish actual knowledge and exclusive control. If six people are passing a joint at a party, only the person holding the joint at the time of arrent has exclusive possession of it.
If a Marietta criminal defense lawyer establishes a reasonable doubt on any of these three points, the defendant is not guilty as a matter of law.
Trafficking
Drug possession is difficult to prove in court, but drug trafficking is often much easier to prove. Money doesn’t need to change hands. If Alice gives a few leftover Vicodin pills to Phyllis, Alice could be charged with, and convicted of, drug trafficking.
Drug Crime Investigations
Most possession cases involve chance police encounters, usually traffic stops. Manufacturing and trafficking cases, on the other hand, often involve lengthy, multi-agency investigations. So, the issue in these cases is often the validity of the warrant, not a search warrant exception.
Reliability of information, not the accuracy of that information, is usually key, especially if that information comes from a paid informant.
Let’s go back to Alice and the leftover Vicodin. If police officers catch Phyllis in possession of the Vicodin, they may offer to let her go if she provides the name of the drug kingpin who furnished the illegal narcotics.
Most people will say almost anything to avoid prosecution, so the information they provide is usually unreliable, unless the informant adds some accurate corroborating evidence (e.g. Alice is a work friend).
Probable cause, which as mentioned is the standard for search warrants, is a much lower standard than beyond a reasonable doubt, the standard of proof at trial. So, it’s difficult, but not impossible, for a Marietta criminal defense lawyer to overturn a warrant.
Outstanding Warrants
Once authorities issue an arrest warrant, that warrant is active until served. It doesn’t matter if the warrant is for drug trafficking or failure to appear in traffic court. Furthermore, because of the Constitution’s full faith and credit clause, that warrant is valid in all states.
A bench warrant is an arrest warrant that a judge both requests and issues. A bench warrant is basically an arrest warrant on steroids. It’s a combination of an arrest warrant and a violation of a court order. Therefore, bail options are limited in these cases.
So, a Marietta criminal defense lawyer must deal with all arrest warrants. Fortunately, several alternatives are usually available.
Arrest and bench warrants aren’t subject to the statute of limitations. But warrants cannot stop the earth from turning. Since the police officer turnover rate is extremely high, there’s a good chance the arresting officer won’t be available to provide key testimony when the case goes to court. So, if a Marietta criminal defense lawyer gets the case back on the regular docket, the chances of a conviction are remote.
Sometimes, a Marietta criminal defense lawyer can “lift” the warrant and put the case back on the regular docket. Lifting a warrant is basically a matter of filing paperwork. The defendant never spends a moment in jail.
Voluntary surrender is another option. This alternative is especially attractive if bail is available and an attorney greases the wheels by arranging for immediate jail release. In these instances, defendants usually don’t get past a holding area.
All drug crimes are very complex. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
