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Cheryl, an officer with the Wilmington Police Department, is drafting a search warrant in order to gain access and search the property of Owen Hill,
Cheryl, an officer with the Wilmington Police Department, is drafting a search warrant in order to gain access and search the property of Owen Hill, whom she believes is growing large quantities of marijuana in his home. Cheryl knows that she has made a good case for probable cause and her shift is ending soon so she wants to get the warrant approved. The only judge currently on the bench is Judge Stewart, who Cheryl knows will never sign the warrant because Judge Stewart is an advocate of the legalization of marijuana. Instead, Cheryl takes the warrant application to the prosecutor's office and Deputy Attorney General Pratt signs the warrant. The next day, Cheryl executes the warrant and finds enormous amounts of marijuana in Hill's home, subsequently arresting him. At his preliminary hearing, Hill's attorney argues that her client must be released immediately because the evidence will be suppressed due to a defective warrant. The prosecutor argues that there was clearly probable cause articulated
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