For Brian McGacken of Farmingdale, New Jersey, an evening of loud sex resulted in a 10-year prison sentence for growing marijuana.
On Feb. 17, 2007, New Jersey state troopers arrived at McGacken's home, responding to an anonymous 911 call complaining of screams coming from McGacken's home. McGacken explained the noise was a bout of loud sex; his girlfriend appeared at the front door and corroborated his claim.
But officers searched his home anyway, and found enough marijuana -- including potted plants -- to put him away for 10 years on charges of producing a controlled substance.
Appealing the conviction, McGacken argued that, once police knew the noise was consensual sex, they no longer had reason to search his home.....................
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