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Speaker 1: And I was time for our daily Bloomberg Law Brief,

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Speaker 1: exploring legal issues in the news, and Today Bloomberg La

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Speaker 1: host doom Grosso and Greg Store discussed an appeals court

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Speaker 1: decision finding that marijuana residue in a household trash search

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Speaker 1: is not enough to justify an inspection of the whole house.

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Speaker 1: They speak with Sheima Boffmann, a professor at University of

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Speaker 1: Utah College of Law, and Jeff Kramer, managing director at

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Speaker 1: Berkeley Research Group. Jeff. Inside the trash outside the home,

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Speaker 1: the police found several marijuana roaches with marijuana residue, several

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Speaker 1: plastic vacuum packed heat seal bags consistent to those used

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Speaker 1: to package marijuana for resale containing residue, and discarded mail

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Speaker 1: sent to the house. Why does the court seem to

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Speaker 1: bend over backwards for eighteen pages explaining why that's not

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Speaker 1: enough to create a fair probability that drugs would be

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Speaker 1: found in the home? Yeah, it does seem attem and

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Speaker 1: there are obviously is a logic to it. Um but

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Speaker 1: there's certainly seems to be enough in disha or you know,

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Speaker 1: elements that you could piece together, you know, abc D

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Speaker 1: that would lead a logical person to believe that there

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Speaker 1: remains drugs in the house. But it does seem like

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Speaker 1: the court's decision, they could go through great length to

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Speaker 1: come up with reasons why there might not be drugs

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Speaker 1: in the house. And that's perfectly uh clear, it's probable cause,

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Speaker 1: it's not a certainty. Seem there's a case called the

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Speaker 1: United States versus McPherson. Tell us about that case, what

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Speaker 1: role played in this analysis? Sure? I mean the real

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Speaker 1: issue here is, you know, the courts have really been

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Speaker 1: hesitant to allow for probable cause to be found on

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Speaker 1: one trash poll. I mean cops kind of refer to

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Speaker 1: this as a trash poll where they, you know, dress

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Speaker 1: up like garbage people. They go collect the trash and

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Speaker 1: then they decide whether you know, there's marina in it

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Speaker 1: through inspections of the lab and um. I actually think

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Speaker 1: that the Six Circuits opinion, although seeming to be controversial,

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Speaker 1: it's really in line with a lot of other courts

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Speaker 1: that have found that one trash poll isn't enough to

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Speaker 1: establish probable cause, I mean, certainly reasonable suspicion, but without

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Speaker 1: other evidence of drugs being found at the house, other

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Speaker 1: reports of neighbors, other types of things, probable cause is

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Speaker 1: a high standard, and I I think besides what's mentioned

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Speaker 1: in the court's opinion, I think it's interesting because given

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Speaker 1: the current climate with marijuana, with the UH, you know,

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Speaker 1: increasing use in a lot of states and increasing kind

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Speaker 1: of leniency amongst a lot of courts, it's not surprising

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Speaker 1: to me that this court would find that that probably

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Speaker 1: cause isn't established to search the whole house that Sima Boffman,

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Speaker 1: a professor at the University of Utah College of Law,

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Speaker 1: and Jeff Kramer, Managing director at Berkeley Research Group, speaking

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Speaker 1: with Bloomberg Lahos, Stum Grasso, and Greg Store. You can

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Speaker 1: listen to Bloomberg Law weekdays at one pm Wall Street

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Speaker 1: Time here on Bloomberg Radio and Now. Among the top

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Speaker 1: legal stories from Bloomberg Law. US investigation into generic drug

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Speaker 1: price fixing is likely to get bigger. According to people

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Speaker 1: familiar with the matter, two executives of us MUL generic

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Speaker 1: firm are preparing to plead guilty to price fixing, and

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Speaker 1: they're expected to cooperate with prosecutors. A former CEO of

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Speaker 1: Heritage Pharmaceuticals and an ex president are the first to

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Speaker 1: be charged in the investigation. The victims of con man

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Speaker 1: Bernard made Off will start the new year off right.

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Speaker 1: They're set to receive a three forty two million dollar

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Speaker 1: payout from the trustee who's unwinding his Ponzi scheme. The

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Speaker 1: money comes in part from a settlement with the estate

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Speaker 1: of one of Madoff's old This friends, the late Beverly

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Speaker 1: Hills billionaire Stanley Chase. And that's this morning's Bloomberg Lawbrate.

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Speaker 1: If you can find more legal news at Bloomberg Law

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Speaker 1: dot com and Bloomberg BNA dot com. Attorneys who find

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Speaker 1: exceptional legal research and business development tools there as well.

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Speaker 1: Visit Bloomberg Law dot com and Bloomberg BNA dot com

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Speaker 1: for more information