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Alleged Dealer’s Hearing Temporarily Suspended Due to Faulty Warrant

In the Rosenheim District Court, the prosecutors had trouble proving that a 29-year-old from Waldkraiburg had been selling drugs since early 2017. The hearing was suspended and rescheduled for a later date when the prosecution decides to move forward. Although the evidence was stacked against the alleged drug dealer, the police made a mistake during the investigation that, when brought to light by the defense, spread confusion in the courtroom.

No matter how much evidence the prosecution had at their disposal that made the defendant look guilty, a mistake in collection of those pieces of evidence could result in a mistrial. The defense opened with this mistake and set the course for the rest of the trial.

Bavarian authorities charged the 29-year-old with a whole set of drug districting crimes in a five count indictment. The crimes, according to the indictment, began in the spring of 2017. He had been staying at a rehab facility for detox and withdrawal therapy when officials accused him of selling cocaine, heroin, and fentanyl patches to other recovering drug addicts. The court called him greedy for selling to recovering drug addicts; he knew other patients would be the most desperate to buy his drugs. Prosecutors emphasized on the heroin and fentanyl.

Nothing happened for months after the initial accusations. For months, investigators failed to find the alleged dealer’s supplier. Then, in the summer of 2017, Belgian authorities intercepted a package sent by a darker vendor they had been investigating (in Belgium). Belgian authorities caught the package before it had crossed any borders. They sent information to the Bavarian police in the town printed on the package’s label. The package, they said, contained 50 grams of heroin.

After that package interception, Bavarian police suspected the alleged dealer had been ordering his supply from darknet vendors. The indictment included trafficking charges. In November 2017, the police obtained a search warrant for the man’s apartment. During execution of the search warrant, they found 250 grams of amphetamine. Authorities charged the defendant for amphetamine trafficking.

While in pretrial detention at the Stadelheim Prison for the amphetamine trafficking charges, prison officials discovered that the suspect had been selling LSD from inside the prison. Upon further investigation, the officials found LSD on the 29-year-old’s person. They never proved how he had been getting LSD into the prison. They undoubtedly knew, though, given the few options available.

In court, the defendant said nothing. His council, though, explained how the search warrant that led to the amphetamine discovery was invalid due to errors throughout the warrant. Without the evidence from the apartment, the prosecution will lose half the charges in the indictment.

The judge suspended the trial that day and took an indefinite recess. The parties will reconvene in one month.

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