Appeals court upholds meth conviction
A Ham Lake man will stand convicted of a 2007 charge of attempted methamphetamine manufacturing after a state Appeals Court decision filed late last m
A Ham Lake man will stand convicted of a 2007 charge of attempted methamphetamine manufacturing after a state Appeals Court decision filed late last month.
Bradley Robert Bohlman, now 52, was one of three people arrested at Brad’s Tree Service on Hwy. 65 just south of Isanti at 6:53 a.m. Dec. 14, 2007 on an Isanti County warrant alleging manufacture of methamphetamines.
The charge against Bohlman was later reduced to felony 1st degree attempted manufacturing of the drug.
He was sentenced to 55 months and is currently incarcerated at the Minnesota Correctional Facility at Faribault.
Bohlman appealed the conviction protesting Isanti County’s earlier search of garbage from his business which yielded coffee filters testing positive for methamphetamines and an incriminating note addressed to him and referencing drug use.
Search of the garbage came as a result of a Brad’s Tree Service business card found during a search of his brother’s residence that yielded a meth lab.
Bohlman protested he didn’t have complete control over the garbage containers and had frequently found trash from other sources in it.
Findings from the trash containers were part of the information used to apply for a search warrant at his business property at 27875 Hwy. 65 N.E.
Legally, noted the higher court ruling, there is no expectation of privacy when trash is deposited for collection in an area open to public inspection and the expectation of privacy in commercial premises is even less than that in a person’s home.
The results of the trash inspection were also used as part of a collection of information that, when compiled, resulted in sufficient probable cause for the search warrant executed noted the ruling .
As for execution of the search warrant, seven minutes prior to the 7 a.m. to 9 p.m. allowable hours, the high court ruled it to be an insignificant factor not justifying suppression of evidence found as a result of that search.
Bohlman’s conviction will stand as originally ordered. He has an anticipated release date from prison in June 2014.