Noisy Sex Leads to Drug Crime Bust – Houston Criminal Defense Lawyers
A New Jersey man is finding that raucous sex can actually lead to a drug crime arrest and a 10-year prison sentence.
In February 2007, Brian McGacken opened the door of his New Jersey home to find state police troopers. They had apparently been alerted by a 911 call, complaining about the high volume sex McGacken and his girlfriend were having. McGacken assured the troopers that the noise was merely the two of them going at it, and his adult girlfriend confirmed the same. Not satisfied with that explanation, the troopers made their way into his home. They reached his bedroom, where they found 12.5 ounces of marijuana and at least 15 potted marijuana plants. Obviously, there was no warrant.
McGacken was arrested. His lawyers tried to suppress the drug evidence, alleging that the police had no basis to invoke any emergency exemption to warrant requirements. They were not successful, and McGacken pleaded guilty to charges of producing marijuana. He was sentenced to 10 years in prison, out of which he will serve 37 months on parole. He appealed, but was unsuccessful there too. His lawyers say they may appeal further.
So, you have a man and his girlfriend, waking up the neighbors with loud sex (presumably legal). You also have police troopers who should have accepted the man’s explanation for the loud noise and gone off quietly, but instead proceeded to barge into the man’s house, snoop around without a warrant and arrest him for drug possession (not entirely legal).
It seems like this man’s rights have been trampled upon, and prosecutors have been unnecessarily aggressive about allowing the warrant requirement to be waved aside in this situation. It’s the kind of thing Houston criminal defense lawyers see often in Texas too – laws are twisted to suit the purposes of prosecuting authorities.
If you have been charged with a crime, contact the Husband & Wife legal team at The Kahn Law Firm for a free, confidential consultation at 713-226-9900.
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is this the same criminal attorney that is on this website?